U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 08-10-2012, 01:25 PM
 
Location: Pinal County, Arizona
25,107 posts, read 34,480,343 times
Reputation: 4893

Advertisements

Quote:
Originally Posted by Brandon Hoffman View Post
In all actuality I never saw anywhere that Bill would reject the offer. I'm sure if a verbal offer came in he'd instruct the agent to write it up so he could present it to his seller. That is a far cry from rejecting an offer.
Actually, I'd present the verbal offer, tell the seller of the difficulties enforcing a verbal "contract" should they decide to accept the verbal. I'd then tell them their options. In most cases, the seller would counter - "tell them to bring the offer in writing and I will consider it" and I would follow their instructions.

Most of us have had to deal with a verbal offer / counteroffer at one time or another.

 
Old 08-10-2012, 01:28 PM
 
3,402 posts, read 4,161,869 times
Reputation: 2399
Quote:
Originally Posted by Brandon Hoffman View Post
In all actuality I never saw anywhere that Bill would reject the offer. I'm sure if a verbal offer came in he'd instruct the agent to write it up so he could present it to his seller. That is a far cry from rejecting an offer.
The issue is about putting a clause in the contract to reject outright any offers written on anything else other than the standard Realtor contract. As a seller I would have a real problem with that.
 
Old 08-10-2012, 01:41 PM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 12,721,488 times
Reputation: 3810
Quote:
Originally Posted by Zyngawf View Post
The issue is about putting a clause in the contract to reject outright any offers written on anything else other than the standard Realtor contract. As a seller I would have a real problem with that.
And all you would have to do as a seller, is to say no -- I want to see all offers.

The agent has made a suggestion; the seller says no; the agent does what the seller instructs.

It's as simple as that. The listing agreement is a negotiated contract. What more is there to discuss?
 
Old 08-10-2012, 02:57 PM
 
Location: Central Texas
19,949 posts, read 36,566,197 times
Reputation: 21558
Quote:
Originally Posted by Greatday View Post
Are you asking if we do "Counter Offers"? I have, in 44+ years, never heard of a "reverse offer".

We do Counter Offers all the time.
And I've actually heard of them a bit recently, where the seller knows that someone is interested in the house but hasn't put in an offer, making a "reverse offer". Surprisingly, it seems to get the ball rolling.
 
Old 08-10-2012, 06:18 PM
 
Location: Pinal County, Arizona
25,107 posts, read 34,480,343 times
Reputation: 4893
Quote:
Originally Posted by TexasHorseLady View Post
And I've actually heard of them a bit recently, where the seller knows that someone is interested in the house but hasn't put in an offer, making a "reverse offer". Surprisingly, it seems to get the ball rolling.

Ok, now I see where you are going. We just do not use that terminology here in Arizona - like I said, in 44+years, I have never heard it used.
 
Old 08-10-2012, 07:06 PM
 
397 posts, read 493,837 times
Reputation: 210
Quote:
Originally Posted by Captain Bill View Post
And all you would have to do as a seller, is to say no -- I want to see all offers.

The agent has made a suggestion; the seller says no; the agent does what the seller instructs.

It's as simple as that. The listing agreement is a negotiated contract. What more is there to discuss?
So, if your seller does not specify, do you present any "offer" including verbal and email?
 
Old 08-10-2012, 07:11 PM
 
Location: DFW - Coppell / Las Colinas
30,043 posts, read 34,781,423 times
Reputation: 36120
Quote:
Originally Posted by RE Skeptic View Post
So, if your seller does not specify, do you present any "offer" including verbal and email?
If you email me a PDF file that is an offer, is your email part of that offer ? If so, Why not put it in the written offer ?
 
Old 08-10-2012, 07:37 PM
 
Location: Salem, OR
13,764 posts, read 31,728,546 times
Reputation: 12151
Quote:
Originally Posted by Captain Bill View Post
[ Correct, and I'm there to protect my seller.


You're stretching it.

I didn't say that.

Not illegal. The language in the purchase offer is meant for the buyer to submit to the seller.

The Terms of Acceptance is clearly written for the buyer to complete.
Your contract may be different, but it would be highly impractical for a seller to fill this form out as an offer to the buyer.
It is totally impractical here as well, but that is why my attorneys create additional clauses for me that get attached as addenda. I guess the difference is I pay my company attorneys to flex things for me on behalf of my clients. I don't just say it can't be done because no one does it that way. That's my job. To think outside the box, stay within legal bounds, protect my client, and get their home sold on the best terms. If that is an unrepresented buyer, so be it. For $300, I can have my attorney flex the legal language in the way I need to protect my client. There have been many times where I thought something couldn't be done and I was wrong.

I am surprised that during the crash that you guys weren't using reverse offers aggressively to try and get buyers for your properties. Just because the buyer has typically thrown out the offer, it doesn't mean it HAS to be done that way. It's a mute point for you guys though since your market is now a seller's market and you don't need that strategy anymore.

I was asking if it was illegal because you said a seller CAN'T make an offer. That is different than it being impractical. Impractical means hard to do. Can't means not possible.
 
Old 08-10-2012, 07:47 PM
 
Location: Salem, OR
13,764 posts, read 31,728,546 times
Reputation: 12151
Quote:
Originally Posted by Captain Bill View Post
Right, and agents in other states should consider the fact that contract forms and laws are different in each state and they should not be criticizing other agents for the way they legally conduct business in their state.
It isn't my intention to criticize, but you used strong language saying a buyer has to fill out the form. I was incredulous that AZ would require that as it would prohibit creative negotiation tactics.

So you have clarified that it isn't true, a buyer doesn't have to fill out the form, but it is impractical but not impossible. If you had said that, I wouldn't have questioned it. So maybe when you chat with your attorney about your unrepresented buyer forms, and changes to your listing agreement, you should ask them to create an addenda for you and your agents to use for reverse offers. It can be one more tool in your arsenal to help your sellers.

Seriously, sometimes the seller needs to make the first move to get things done.
 
Old 08-10-2012, 09:48 PM
 
397 posts, read 493,837 times
Reputation: 210
Quote:
Originally Posted by Rakin View Post
If you email me a PDF file that is an offer, is your email part of that offer ? If so, Why not put it in the written offer ?
Not specifically referring to my OP. For the sake of clarity, lets assume the entire offer is in the email (no attached PDF contract). Similar concept as a verbal but only in an email.

If your seller has not specified which offers they want to see, would you forward an email offer?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Closed Thread

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top