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06-15-2007, 11:04 AM
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4,409 posts, read 4,995,298 times
Reputation: 2923
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I had earlier, this week, gotten a phone request by my real estate agent that I fax to her the contract after I signed it. But when I spoke to my lawyer today, my lawyer said that there's no point because the seller's lawyer will get it only on Monday and it'll probably be signed by the seller by Wednesday.
My attorney said there will be no problem, legal or otherwise, if my real estate agent gets a copy of my contract.
I didn't know all this and verbally agreed on the phone w/ my real estate agent I'd fax her the contract.
If I DO fax it to her... though the seller hasn't even signed it yet... could that cause problems? Or should that be all right?
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06-15-2007, 11:20 AM
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Location: Just south of Denver since 1989
11,686 posts, read 32,833,282 times
Reputation: 8638
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an unsigned, by both parties, document is an offer. It takes both parties to agree and sign for the document to become a contract.
I do not believe there is any harm in faxing a copy of your offer to your Realtor.
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06-16-2007, 03:53 AM
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Location: Palm Coast, Fl
2,249 posts, read 8,615,602 times
Reputation: 1008
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Your attorney already said there would be no problem, so what's the problem?
Why don't you want your realtor to see it? I'm wondering why she /he didn't see it to begin with...?
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06-16-2007, 10:03 AM
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Location: Nine Mile Falls/Spokane, WA
1,009 posts, read 4,742,493 times
Reputation: 824
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Quote:
Originally Posted by palmcoasting
Your attorney already said there would be no problem, so what's the problem?
Why don't you want your realtor to see it? I'm wondering why she /he didn't see it to begin with...?
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I was wondering the same thing. Wouldn't the realtor have prepared the contract? Maybe it's different in other states. |
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06-16-2007, 10:16 AM
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Location: Virginia Beach, VA
2,124 posts, read 8,543,971 times
Reputation: 817
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My understanding is that in NY, REA works to finalize business points (price, terms, dates, etc), then forwards to the attorney to write up the contract. Agents don't write contracts. Maybe OP is from NY? I don't know, but I don't see any reason he wouldn't his agent to see the written offer. In fact, when 4 eyes are better than 2, the agent would be a good check to make sure all the business points are in there.
Shelly
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06-17-2007, 04:43 AM
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Location: Rahway N.J
2,093 posts, read 5,281,088 times
Reputation: 3360
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If must be commercial property
If not then your agent should have written up offer
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11-08-2008, 09:28 AM
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Location: Lake St. Catherine, Poultney, VT
151 posts, read 585,095 times
Reputation: 73
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It all depends on the area. As stated already, many parts of NY as well as other areas of the country, Realtors do not prepare or write up the contract. I am often shown it as a third set of eyes to make sure all points are there, but this is the attorneys job and it is up to my client and their attorney to decide if I should be involved in this part.
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11-10-2008, 08:57 AM
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16 posts, read 121,400 times
Reputation: 36
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What?
Your question does not make sense to me based on commonly accepted practices. The job of the real estate agent is to get an offer from the buyer and present it to you - if you are the seller. If you are the buyer, the agents job is to write the offer and present it to the listing agent (or seller if only one agent is involved). Why would an agent, who is doing her job properly, not already have a copy of the offer/contract?
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11-10-2008, 09:05 AM
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Location: Cary, NC
41,228 posts, read 71,528,830 times
Reputation: 42835
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Quote:
Originally Posted by SLP247
It all depends on the area. As stated already, many parts of NY as well as other areas of the country, Realtors do not prepare or write up the contract. I am often shown it as a third set of eyes to make sure all points are there, but this is the attorneys job and it is up to my client and their attorney to decide if I should be involved in this part.
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Quote:
Originally Posted by traveler4444
Your question does not make sense to me based on commonly accepted practices. The job of the real estate agent is to get an offer from the buyer and present it to you - if you are the seller. If you are the buyer, the agents job is to write the offer and present it to the listing agent (or seller if only one agent is involved). Why would an agent, who is doing her job properly, not already have a copy of the offer/contract?
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What we have here..
are representations of parallel realities.
This is one of the biggest reasons that visitors to CD real estate forum should be very careful about what they accept as fact.
Local laws and customs trump most advice from across the country. |
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11-10-2008, 11:19 AM
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1,151 posts, read 2,885,279 times
Reputation: 252
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There is no harm in letting your agent see the unsigned contract. If you are hesitant to let them see it, it is a sign that you may not trust your agent. If this offer doesn't work out, perhaps you should consider changing agents or just being represented by an attorney if that makes you more comfortable.
There is no reason in any market that an offer "should" be written by an agent. It's common practice in many areas but only because it's free to have an agent do it (assuming you already have hired an agent) and you'd have to pay an attorney by the hour to do it.
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