The Letter I included with my offer last Sunday Worked, the emotional appeal to the Seller's from 1st time Buyer's. We were out bid by $6K, but the people on the 1st Accepted Offer dropped out, & tried to renogitiate Sales Price during Inspection Period. The Seller cancelled their deal, went thru the old Offer's, found our letter including the drawing from the 6yr. old, & they called Us Back & gave us 1st opportunity to Buy It.

The letter from my buyer's made the difference!!!! Thought I would share that. My Buyer's are going to Frame the letter & put it on the wall of their VERY FIRST HOME, they THink their 6 Year old's artwork gave them the opportunity to purchase, have forgotten their Realtor who gave them the suggestion to do this!!!

I've read an article about how a buyer's letter, included with the purchase agreement, could help get the offer accepted. I just can't remember where I read it from.

The buyer's agent can be present when the offer is presented. That's a good time for the emotional side of the story to be told.

These Lister's are getting 7 to 14 offers in 1 day on a starter home, & won't allow us to present. Many agents won't even answer the phone or record a canned message RE offers. Sometimes I have to email to get a Word in.

The listing agent or the seller won't allow you to personally present the offer? If listing agent refuses I would demand to see it in writing where the seller has refused to allow anyone but the listing agent to present the offer.

Paul,
I don't really blame Lister's for not allowing a Parade of Buyer's Agents to present contracts.

I allowed this once as a Lister, & regretted it...a Low Ball Deal.

I suppose most Buyer's Agents would Not Present their Contracts...I never have but am certainly Willing!

Problem is that it is not you the listing agent to decide. It is up to the seller if he or she is willing to have the offer presented by the buyers agent.

I am thinking it is a Breech of the Code of Ethics to contact the Seller directly...if you are a Buyer's Agent. Further more if you are dealing with Vacant Property...No owner's # in Listing, & No # in Tax Assessors Records...how Can you call the owner?

As the buyers agent you have the right to present your clients offer directly to the seller if you so choose. If the listing agent refuses I always ask to see the paper the seller signed saying that he\she does not want to receive offers from anyone other than the listing agent. If they say yes ask to see it righ now otherwise tell them to call the seller to arrange to present the offer. I personally have only personally presented a buyers offer directly on about 10 occassions but sometimes it can be an advantage. It is not a breech of ethics to present a client offer.

Paul,

I was involved in a situation here in CT where I was the listing agent and the buyer wanted her agent to deliver the offer in person.

I guess the buyer mistrusted listing agents in general and thought that I would never present the offer to my seller.

The buyer was so un-nerved when her agent couldn't present the offer personally that she actually called the seller up and asked if I had actually presented her offer to them. The sellers said yes, that I had presented it and they rejected it even though it was over asking price (there were 2 other offers above asking price + with better DP and terms). I just happened to be over the seller's house and in the room watching the homeowner answer and state this to the caller. The seller was nervous and was clearly shaking during and immediately after her call.

I'm not sure what the laws are in other states, but here in CT, there is no law stating that the buyer's agent is required to have the option of presenting the offer directly to the seller.

Isn't it the listing agent's fiduciary responsibility to protect the seller's best interest. I can't see how allowing a buyer's agent to present an offer be in the seller's best interest.

And the reasoning behind my rationale is (and I always tell this to my seller along with the caveat that they can certainly have the buyer agent present the offer, if they wish) that the seller is on the spot, being grilled about why they want to sell the property, etc, etc, and it usually turns into what's akin to a boardwalk trinket salesman's pitch...the buyer's agent tries to use the old hard close of putting a pen in the seller's hand (I've actually seen this happen!), or some other Tom Hopkins-esqe slight of hand, 'wake up and I've sold ya' sales close.

Paul, my question is, and I'm very eager to hear about any flaws with my rationale (I've been wrong before...I'm learning everyday), am I not neglecting my responsibility to the seller by placing them on the spot in front of that buyer's agent and subject to such pressure? Is it not a listing agent's duty to provide that buffer zone for the seller so they would not have to be put into such a Gauntlet? Afterall, aren't all aspects of an offer there in black and white on the purchase agreement that's being presented?

Xeno,
It is not your responsibility to be the buffer. When a buyers agent wants to present to my seller I talk with my seller saying listen to the offer but sign nothing or agree to nothing till we have discussed it after the buyers agent has left. Also it is not your fiduciary duty to determine what is best for your client it is your responsibility to make sure your client is able to make an informed decision. I have never seen a buyers agent grill the seller about why they want to sell, if that is happening to you then you need to better control the situation. You explain that there will be no immediate answer to the offer tell the agent that after presenting the offer you will call them back with an answer and will drop off the contract as either a sgned acceptance or a signed rejection.

Understood. Good points, Paul. I have to do a better job of laying down the law before letting an agent allow presentation. I've had some awkward experiences...perhaps it's something in the water over at the other agency's office.

Paul,

I was taught in ABR Class we have the right to present an offer to the Seller. Still we must work through the Listing Agent to Make this happen. If the Lister Declines to let us present, & we can not contact the Seller directly...The Nar code of ethics what do we do?

I also can imagine the Lister's Nightmare when all of us Buyer's Agents get this idea at once to have a HUGE Line stretching out the door of Agents waiting to present their offer's.

Still it is not all Black & White, what is on a purchase contract. The best thing is if the Lister's will allow you a little communication with them, otherwise I am just wasting Paper & burning up Fax Machines, Gas & Trees!

AZREALTOR,
You are still missing the point. It is NOT the listing agents decision if he wants to allow it or not. It is the SELLERS decision. If the listing agent says no then ask to see where the seller put down in writing that he does not want to have offers presented by the buyers agent. 9 times out of 10 that will put the breaks on the listing agent casue he never ever got a seller to sign any such document. Have the LA call the seller to arrange while you are there. If he still refuses to allow you to present then contact his or her broker.

Our standard listing contracts have the "Sellers obligation to Broker" statement as follows: "Seller agrees to conduct all negotiations....... through broker.... and to refer to broker all communications received in any form from RE brokers, prospective buyers………."
To me, that means no buyers agent will speak to my seller unless I give the ok. I thought this verbiage was standard in all contracts?