Is it legal/ethical to make seller aware of your offer if you suspect bad faith from the seller’s agent? (appraisal, sale)
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Well I guess first and foremost, it may lead to repercussions for the seller’s agent from the state licensing board and stop her from doing it again. Isn’t that the point of having a regulatory agency?
Unless you 100% know the terms of the sale, let it be. I'd be annoyed as hell if I were happy with my deal, had all offers presented, and got a sour grapes letter in the mail months later. Is it possible the agent was dodgy? Sure. It is also possible that the ultimate buyers sent a love letter, or were a friend of a friend, or the sellers happened to meet them and just liked them? Yes, that's also possible.
It could be any number of reasons why the other offer was chosen.
Even though both offers were financed, what were the terms of the financing? If the other offer showed stronger proof of funds, or even a higher down payment, that could lead someone to accept a lower priced offer. Perhaps the other lender could close in a shorter amount of time. What about rent back? If the seller needed more time to move, it's not uncommon for buyers to throw in free time for the sellers to remain before their replacement property is ready.
What I would check on is to see who the broker is for the winning buyer. Like WorldKlas's article, I see many agents double end deals. Where I am, in CA, it's not illegal, but it's definitely one of the things that can cause lawsuits.
Fair points, for and against. I’ll have to think about it.
Regarding the other offer vs. mine, all I know is I waived inspection and appraisal contingency and both offers were financed (I had about 25% downpayment, not sure about the other guy).
It could be any number of reasons why the other offer was chosen.
Even though both offers were financed, what were the terms of the financing? If the other offer showed stronger proof of funds, or even a higher down payment, that could lead someone to accept a lower priced offer. Perhaps the other lender could close in a shorter amount of time. What about rent back? If the seller needed more time to move, it's not uncommon for buyers to throw in free time for the sellers to remain before their replacement property is ready.
What I would check on is to see who the broker is for the winning buyer. Like WorldKlas's article, I see many agents double end deals. Where I am, in CA, it's not illegal, but it's definitely one of the things that can cause lawsuits.
The deal is done. You need to come to peace with not getting what you wanted. For all you know the seller was
content with what they got. But you still want to leave them with a sour taste in their mouth now that nothing can be undone? If you feel the agent did something dodgy, leave them a negative review somewhere. Better be sure you can back it up.
You can also make a report to the State Real Estate Licensing Board.
What would be the basis of the report?
I suspect that "I wanted the house and didn't get it, so I wonder if my offer was presented" isn't going to get a lot of attention.
Actually, I see little reason for the OP not to contact the former seller to confirm the offer was at least presented.
Of course, there are many components of an offer that have to be agreeable to get to contract.
We have no way to know how the buyers' agent conducted themselves, but a lot of agents screw potential deals up with attitude and demeanor, not to mention terrible documentation.
You can also make a report to the State Real Estate Licensing Board.
Don't forget that if the OP does file a complaint and they lose, the Realtor could potentially counter-sue for slander.
"I am not a lawyer and I don't play one on television"
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