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I had something similar happen on a property. I saw it come up on MLS and immediately called the listing agent who told me it's "sold". I followed up with "How is that possible when it just came on MLS? Do you have a signed contract? His unwilling answer was "no".
I said "So I can make an offer if you don't have a signed contract right?" his answer was slow "I guess you can."
He knew a property is not under contract until both parties sign. IMO he had a quick sale lined up with someone but no contract just talk which is not a sale under Florida law and he knew he'd be reportable if he did not allow me to make an offer.
If I had a buyers agent involved I would not have been successful buying that property. Agents are not as aggressive as I am in asking questions (my experience in multiple buy/sells). I did get a buyers agent for this purchase who was absolutely useless, actually negative value, lesson learned but sometimes I use them, mostly not.
OP: If you really want to know the status of a property call the listing agent directly. Do not use your agents name just inquire directly "is it still available?" if it is under contract you can ask if they are taking back-up offers. I would do this just to get the actual status. It probably is sold already but signing (not just talking) a higher offer lets the seller dump the first contract if the buyer does anything to annoy the seller with the contract (re-negotiate etc).
If I had a buyers agent as unaggressive as the OP's they would not be my agent any longer. They should absolutely KNOW whether the OP's offer was not accepted and someone else's was accepted.
Call your agent. Tell them you want a firm answer by noontime. If there is no answer, pull your bid and find another agent pronto.
Your agent violated your agreement to represent you. They will stew and sputter, and likely threaten a law suit. But that is what they get for being a putz and trying to play both sides of the game.
Many listing agents, in my experience, are slow with their communication to buyer's agents especially when there are multiple agents involved. Many sellers are slow to respond their listing agent. Most buyer's agents know this is normal but don't effectively communicate it to their clients. You may have hit the trifecta with a perfect storm of three slow, poor communicators.
In most jurisdictions, the seller and their agent are to get the winning buyer the signed contract for the sale, immediately. Only then is the property truly sold.
If your offer did not have an expiration date, this is how some agents/offices work. What is probably happening, is that there is another offer that was accepted, but for some reason they are hanging onto your offer to see if some contingency in the other contract can be solved and if it isn't they are using your contract as a back up. They are keeping your contract in limbo as a back up, without letting you know what is happening. I have seen this happening numerous times over the years.
Not really ethical but it does happen.
If they were not trying to hold back your contract when they have a questionable contract ahead of you, to use as a back up, they should have already returned your contract and deposit check.
I was an investment real estate broker, from 1972 until I finally retired. We either gave 24 or 48 hours for acceptance of our contracts as advised in University real estate law classes, to prevent games they are playing with you.
I have been working with a buyer's agent to find a home. It has been on the market for 4 months. The agent recently put in a bid for me. A few days later, the status of the home changed in online listings, showing it is contingent. I called my agent and he got back to me one day later after checking. He just said he thinks we didn't get it, with uncertainty to his language.
Is the uncertainty odd? Do the MLS websites not tell much data to real estate agents about who won the deal?
I'm skeptical of the agent now, as he is trying to work out a deal where he is selling me some other home not yet listed on the MLS. I think maybe he just wants the double commission. Is there a way to verify from some third-party route that my offer was turned down?
Well if you knew you were in a multiple offer situation, I don't think it is surprising over the Thanksgiving holiday weekend that the listing agent didn't notify the parties that didn't get the contract, depending on how many offers there were. I do think it is weird that your agent doesn't know if you got it or not, even if they don't have the rejection paperwork.
Were you aware that there was another offer on the property?
If they were not trying to hold back your contract when they have a questionable contract ahead of you, to use as a back up, they should have already returned your contract and deposit check.
The buyer's agent asked me how much money I wanted to place in my bid for the earnest money, but never asked me to give them a check. Is that unusual that wasn't actually included with my bid?
The buyer's agent asked me how much money I wanted to place in my bid for the earnest money, but never asked me to give them a check. Is that unusual that wasn't actually included with my bid?
It depends on the jurisdiction. Out here we don't take checks until there is an accepted offer because many people prefer to send in the money electronically. A lot of younger people don't have checks.
I've run into this a couple of times when I had to track down the listing agent to find out the status of an offer. I'll get something like "didn't you get my email". This will be after I've called, emailed and texted them for a day.
The buyer's agent asked me how much money I wanted to place in my bid for the earnest money, but never asked me to give them a check. Is that unusual that wasn't actually included with my bid?
In our contracts, your earnest money would be due within 2 business days after mutual acceptance. It would not be included with an offer. In our market it goes to the title and escrow company.
You should know by know if you were under contract. No excuse otherwise.
I had something similar happen on a property. I saw it come up on MLS and immediately called the listing agent who told me it's "sold". I followed up with "How is that possible when it just came on MLS? Do you have a signed contract? His unwilling answer was "no".
I said "So I can make an offer if you don't have a signed contract right?" his answer was slow "I guess you can."
He knew a property is not under contract until both parties sign. IMO he had a quick sale lined up with someone but no contract just talk which is not a sale under Florida law and he knew he'd be reportable if he did not allow me to make an offer.
If I had a buyers agent involved I would not have been successful buying that property. Agents are not as aggressive as I am in asking questions (my experience in multiple buy/sells). I did get a buyers agent for this purchase who was absolutely useless, actually negative value, lesson learned but sometimes I use them, mostly not.
OP: If you really want to know the status of a property call the listing agent directly. Do not use your agents name just inquire directly "is it still available?" if it is under contract you can ask if they are taking back-up offers. I would do this just to get the actual status. It probably is sold already but signing (not just talking) a higher offer lets the seller dump the first contract if the buyer does anything to annoy the seller with the contract (re-negotiate etc).
If I had a buyers agent as unaggressive as the OP's they would not be my agent any longer. They should absolutely KNOW whether the OP's offer was not accepted and someone else's was accepted.
When they finally respond to my second or third inquiry through Zillow, and ask me for the fourth time about financing, after being told cash from square one, then ask me what info would I like...lately I have been telling them that I would just like the information that should have been included in the original listing, that they will now waste their time getting. Even had a few face palm moments after getting asked to review an agent..after they slowly responded and had yet to make a single phone call on my behalf.
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