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It's quite possible that the seller has had several offers in your price range and refused them all and has told their agent, "we will accept no lower than $325,000 and don't waste my time with any others." That doesn't mean they are correct about the pricing or that their agent agrees with that, but the agent owes the clients obedience and might just be executing their orders. Try to focus on the house and not the personalities of the agents and sellers, after closing all will disappear except what you wind up buying.
First, it's not unethical to counter verbally. In many areas, it's a normal practice. Nothing is binding unless it's in writing, and old school teaches us to put things in writing, but a verbal, with an email backing up "per our conversation" is fine for a counter.
We asked for the email... Listing agent refused to provide any other prof of counter offer but verbal. This is why we are concerned about her presenting our offer to the seller.
I agree with contacting the seller directly. An agent may not be allowed to, depending on the area...some keep separate interests, come feel all agents are working for the seller. But you are allowed to. Then if you find out the other agent acted...what...illegally, unethically...you can contact the local and state board of realtors.
I put a deal on hold when I was selling my house. The buyer's realtor wouldn't budge on an issue and I wasn't going to budge either. The deal stalled and I told my realtor that I was walking away from the deal because I didn't feel what was going on was right. The buyer than called me direct and asked what the problem was. I told him and he was flabbergasted. He went back to his realtor and told her to just close the deal, he wanted the house and the issue wasn't even an issue (which was correct). The deal closed. But, without him calling me....I would have gone onto someone else.
However, in this case I do think it was low-balled and sometimes a seller can find that 'insulting'. Go back, make a 'real offer' based on what you will pay for the house and see what happens then.
I, too, agree that you should go ahead and contact the Seller directly. Since you've already spoken to her, just make it a friendly followup.
Sometimes this real estate business is a bit of a game. Just make sure that you're making your best moves...and don't get hung up on the personalities.
Do you really think the listing agent doesn't want to get a paycheck? What possible motive could she have for not presenting your offer? As someone already mentioned you lowball, I lowball back. Their low counter is telling you to get real or get gone. No listing agent conspiracy. You've already said the house might be worth $310.
However, in this case I do think it was low-balled and sometimes a seller can find that 'insulting'. Go back, make a 'real offer' based on what you will pay for the house and see what happens then.
Any seller who is insulted by a first offer and refuses to counter is just plain stupid. It costs you nothing to offer a counter. I always counter and then if I hear nothing back, I know that I've discovered some "tire-kickers" and can be glad they've walked away. Everyone negotiates differently. If, as a seller, you don't counter because your feelings are hurt, you may be blowing off some serious buyers.
And, frankly, as a buyer, if I am dealing with sellers who appear to be so thin-skinned in their reaction to the first offer, that may tell me a lot about the additional hassles awaiting me right up to closing. If it's a market where other options are available, why put up with difficult sellers?
I agree with contacting the seller directly. An agent may not be allowed to, depending on the area...
This is not an "area" issue. This is a Code of Ethics issue. A Realtor representing one party cannot contact a represented party on the other side of the transaction. That person is represented. A Realtor cannot even suggest to their client to contact the other party. The idea has to come from the client and the Realtor cannot provide contact information for the client on the other side. Many times, the contact information is within the offer, so the buyers/sellers have it, but Realtors are not allowed to interfere with the Agency relationship going on with the other side.
This is not an "area" issue. This is a Code of Ethics issue. A Realtor representing one party cannot contact a represented party on the other side of the transaction. That person is represented. A Realtor cannot even suggest to their client to contact the other party. The idea has to come from the client and the Realtor cannot provide contact information for the client on the other side. Many times, the contact information is within the offer, so the buyers/sellers have it, but Realtors are not allowed to interfere with the Agency relationship going on with the other side.
But, again, protocols aside, I -- as a potential buyer -- would take matters into my own hands and contact the sellers directly. It's so easy today to find out their names and even a telephone number or e-mail address. Sometimes you have to work around a bad agent, even if they end up with some of the commission at closing.
Any seller who is insulted by a first offer and refuses to counter is just plain stupid. It costs you nothing to offer a counter. I always counter and then if I hear nothing back, I know that I've discovered some "tire-kickers" and can be glad they've walked away. Everyone negotiates differently. If, as a seller, you don't counter because your feelings are hurt, you may be blowing off some serious buyers.
And, frankly, as a buyer, if I am dealing with sellers who appear to be so thin-skinned in their reaction to the first offer, that may tell me a lot about the additional hassles awaiting me right up to closing. If it's a market where other options are available, why put up with difficult sellers?
I've seen this happen with a co-worker I knew. They really low balled the sellers and they knew they were doing it but didn't want to pay above a certain price (why they even looked at the house, I have no idea). The seller's agent did come back with a counter offer - and that was for the buyers to come back with a real offer when they were ready.
I agree that it may not be in the best interest of the seller to not counter offer. But, maybe they don't really need to sell the house so they can stand to wait and don't want to deal with a buyer who is low balling in the first place whom they may think could be the potentially difficult one.
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