I'm a REALTOR in Texas, 2 years. I've noticed somethin in my office . It's relatively rare but it really eats on me. Can an agent effectively and ethically write an offer on a residential property that they have never seen? I've seen it happen twice: Agent on the up-desk takes a call from someone they've never met. "Sure, I'll be happy to write the offer... what's your fax number?"

Can an agent write that offer as a buyer's rep (under a buyer's rep agreement)?

I need some independant thoughts.

Thanks

I've not seen any legal requirements that a buyer's rep must actually view the property they are selling, but it is certainly a fair question to ask how they can most effectively represent a buyer on property they have not seen.

Someone may consider it the agent's job to write an offer per their client's direction, depending on how savvy the client is. An offer isn't a full contract, so they'd have time to go see the property before it's accepted or during the option period.

I'd definitely think they'd want to see the property before writing the contract because it is a more efficient process and can help proactively solve problems. The buyer's rep agreement normally doesn't state that the agent has to see the property. Investors or experienced buyers may not look at the property before making an offer and may not expect their agent to do so either.

Not sure about Texas, but here is how I would handle this situation in Minnesota.

1) I would review agency relationships and fax the Agency disclosure for caller to sign and fax back.

2) I would have caller agree to and sign a facilitation agreement.

3) Write up the offer disclosing to the seller my relationship (facilitator) with the buyer.

LOCALLY: our legal regulations (Common Law of Agency) prohibit such actions on the part of an agent and prosecution by authorities would certainly follow. Further, in the event of a problem, a Civil Action might be filed following the action of the regulatory authorities and the agents insurance company usually negotiate an out-of-court financial settlement for an undisclosed amount with the plaintiff's attorney.

I have 2 clients that email me once a month with offers they want me to make. I have pre-signed contracts, monthly POF statements on file, their offer and max bid for countering. When we win, the addendums are emailed to them and sent back to me with the EM. As far as I know, they never see the houses that they buy nor do I. I don't even send them the keys. Its worked well for us for over a year. We may actually talk on the phone every few months, its all done via fax, email, and Fedex.