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Old 12-18-2010, 12:17 PM
 
3,398 posts, read 5,103,214 times
Reputation: 2422

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Quote:
Originally Posted by Brandon Hoffman View Post
1-OP, you can always write up an offer and ask the agent to have the buyer sign off on a rejected offer or at least email the agent back if he declines as proof it was presented. Easy fix so you know there.

2-I'm appalled that an agent would say the offer shouldn't be presented. The agents duty is to present the offer regardless of what it is. It is not our job as agents to make those decisions on behalf of the seller. Anyone who said the offer shouldn't be presented should be ashamed and you should have you license taken. I would say get retrained but I think it's more of an ethical issue and a personal problem than a clear cut legal violation.
It is that agents job to represent that seller, not that buyer if he doesn't choose to do so. There is an obligation to let the seller know someone is interested in leasing and the seller can decide if they are interested. If so then the agent should write it.

No, as an agent you do not have to write any offer that someone asks you to. If you decline to write it they are free to find someone else to do it for them. They reason why is just common sense. As an agent I don't have to take on buyers I feel are wasting my time. For example if a buyer wants to make ridiculous low ball offers that I know are a waste of everyone's time my only obligation to them is to nicely tell them to find another agent. It is not a violation to choose not to work for someone or choose not to represent them.
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Old 12-18-2010, 12:21 PM
 
3,398 posts, read 5,103,214 times
Reputation: 2422
What legal violation? I don't think you know what you're talking about there.
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Old 12-18-2010, 01:16 PM
 
11,113 posts, read 19,530,348 times
Reputation: 10175
Quote:
Originally Posted by Brandon Hoffman View Post
1-OP, you can always write up an offer and ask the agent to have the buyer sign off on a rejected offer or at least email the agent back if he declines as proof it was presented. Easy fix so you know there.

2-I'm appalled that an agent would say the offer shouldn't be presented. The agents duty is to present the offer regardless of what it is. It is not our job as agents to make those decisions on behalf of the seller. Anyone who said the offer shouldn't be presented should be ashamed and you should have you license taken. I would say get retrained but I think it's more of an ethical issue and a personal problem than a clear cut legal violation.
Only offers in writing have to be presented to a seller. Hypothetical offers not in writing can be communicated to the seller, as this agent obviously has done and the OP is aware that no response at the time of his writing was received. As for retraining, ethics, legal violations, and a "personal" problem: LOL! it is evident some agents need practice in writing offers.
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Old 12-18-2010, 03:37 PM
 
201 posts, read 469,844 times
Reputation: 229
Quote:
Originally Posted by Brandon Hoffman View Post
1-OP, you can always write up an offer and ask the agent to have the buyer sign off on a rejected offer or at least email the agent back if he declines as proof it was presented. Easy fix so you know there.

2-I'm appalled that an agent would say the offer shouldn't be presented. The agents duty is to present the offer regardless of what it is. It is not our job as agents to make those decisions on behalf of the seller. Anyone who said the offer shouldn't be presented should be ashamed and you should have you license taken. I would say get retrained but I think it's more of an ethical issue and a personal problem than a clear cut legal violation.
Little harsh. Are you telling me that every e-mail you get on a listing you treat as a formal offer and waste your time and your clients by writing a full offer with everything that goes with that and getting your clients to formally reject it. Give me a break. My guess here is the OP as never picked up a phone and talked to the listing agent. Which is my personal rule about e-mailers, if the wont talk to you on the phone they are not serious, so why waste my time.
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Old 12-18-2010, 05:18 PM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
Reputation: 10659
Quote:
Originally Posted by oh2az2id View Post
Little harsh. Are you telling me that every e-mail you get on a listing you treat as a formal offer and waste your time and your clients by writing a full offer with everything that goes with that and getting your clients to formally reject it. Give me a break. My guess here is the OP as never picked up a phone and talked to the listing agent. Which is my personal rule about e-mailers, if the wont talk to you on the phone they are not serious, so why waste my time.
It appears from the OP that the listing agent has had some in depth communication and has been shown the house by the listing agent. Perhaps the OP can clarify a bit on that point but that is what is inferred at least. Based on that level of contact the seller should be informed someone is interested in a lease option and does the seller want to consider a lease option.

@Quilterchick, if you'd with hold information from your clients just because there isn't a written offer I feel bad for you clients. Perhaps that's why you don't identify yourself as a Realtor or use your own name?

@NoContingencies-I agree. There is an obligation to inform the seller but there is no obligation to work with any buyer or write up any offer. I'm not sure how you transformed my post advocating disclosure into every agent must work with every buyer and write up any ridiculous offer they want to make.
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Old 12-19-2010, 06:51 AM
 
11,113 posts, read 19,530,348 times
Reputation: 10175
Quote:
Originally Posted by Brandon Hoffman View Post
It appears from the OP that the listing agent has had some in depth communication and has been shown the house by the listing agent. Perhaps the OP can clarify a bit on that point but that is what is inferred at least. Based on that level of contact the seller should be informed someone is interested in a lease option and does the seller want to consider a lease option.

@Quilterchick, if you'd with hold information from your clients just because there isn't a written offer I feel bad for you clients. Perhaps that's why you don't identify yourself as a Realtor or use your own name?

@NoContingencies-I agree. There is an obligation to inform the seller but there is no obligation to work with any buyer or write up any offer. I'm not sure how you transformed my post advocating disclosure into every agent must work with every buyer and write up any ridiculous offer they want to make.

Gotta' say Brandon, you are off base and shooting from the hip, (your insults to me will get reported sooner rather than later.) I am not on here to argue; only to reply to legitimate posts and possibly help a buyer or seller clarify their situation. My experience and status has been mentioned several times in other posts; I don't mind repeating it for your edification, 23 years as a Realtor. Retired last summer.

Now you tell me where I said I would withhold information from a client? I have repeatedly said that all offers must be in writing. The agent in this case did communicate a verbal offer to his sellers and created a paper trail via email from what we have been told by the OP. This OP is obviously a renter, not a buyer; the house is for sale, not for rent. The alleged buyer has every right to go to another agent/broker/Realtor etc. and put his Offer to Purchase with Lease Option in writing and have it presented and has not done so. The listing agent has most likely given up on this "buyer" and has moved on to a more productive situation and better use of his/her time.

This thread is gettng long in the tooth; and we've seen both sides of the issue, experienced professionals have responded.

Best wishes to everyone for a blessed Christmas.
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Old 12-19-2010, 05:27 PM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
Reputation: 10659
Quote:
Originally Posted by QuilterChick View Post
... It is not in the "sellers' best interest" for their agent to present them with a lease purchase...

The listing agent is hired by the sellers to bring a ready, willing and able buyer -- to effect a sale of the house on behalf of the sellers, not to present offers to lease on behalf of the buyers.
I'm not trying to insult you but rather point out that agents shouldn't withhold information. I quoted some of your statements that I don't agree with. Regardless, we probably are beating a dead horse at this point.
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