We received an offer on our house 3 weeks ago that we countered, and have found ourselves dealing with an apathetic agent on the buyer's side. Now we are trying to find out what options we have to try and move the sale forward. Here's the scenario:

1) The buyer's agent is not bilingual, and the buyer's speak limited english. The agent has advised that she hasn't been speaking with the buyers, and is only leaving messages with their english speaking daughter.

2) The buyer's agent seldom returns our agent's calls, and provides no updated response to the counter offer.

3) When the buyer's agent turned in a signed contract with earnest money for the initial offer, no disclosure had been requested. Our agent had to call the buyer's agent and in good faith advise of this issue, then fax over the disclosure. The buyer's agent never pursued this.

4) Our agent was advised by the buyer's mortgage office that the buyer's agent had several "big" sales in the works, and hasn't moved on the buyer's file.

I want to get this negotiation resolved either as a yes or no. (My counter met the buyer's offer in the middle.) Whichever way these negotiations go, the fact that this agent isn't looking out for the client is troubling to me. Anyone have any advice they can share on how to best deal with this?

You should have had a time contingency regarding your counter offer, giving the buyers only so much time to respond. What does yours say?

Call her broker.

Offers or counter offers can be withdrawn by either party up until the time they are accepted by the other party and written communication of that acceptance is transmitted to the first party.

On most offers and counter offers it is a good practice to put a time limit for acceptance, counter, or rejection; otherwise the offer/counter becomes void and you don't have it hanging out there. It sometimes puts pressure on the other party to do something.

This transaction doesn't sound like it's going anywhere if the buyers haven't done anything in 3 weeks.

Prior to you calling the Broker of the Buying agent as suggested... you should ask your agent to make the call or have his broker make the call.

When the Seller calls the Buyers Agent or broker directly... it gives every indication that your desperate and you should expect a lower counter offer.

You offer should have contained a end date for effectivity... if it didn't now would be a good time to insert one and have your agent communicate that end date.

I do however agree... this looks like it is going no where.... buyers are not required to give yes or no's to counter offers. Your counter offer terminated their original offer. They may or may not ever respond.... often they do not and keep looking at other properties and if they don't find anything else that they like... they may come back.. but don't expect them to ... deal is probably dead.. move on, after you notify them of the withdrawal of your counter offer.

Hi!

I'm not sure which state you live in, but in California, you don't have a ratified contract if the counter offer was not signed by the buyers. Most counter offers have a time line for either party to respond and if the time line passes, then the contract is dead.

Your agent could send them a notice of buyers to perform, but since they never signed the contract, you technically don't have a contract.

Check your deadline on your counter offer and if it's passed the time, tell your agent to put your home back on the market and move on. The buyers have no hold on your home because they failed to perform.

If you didn't put in a deadline for the counter, send an addendum stating a time line for them to perform and make the deposit.

In regards to the buyer's abilities for the mortgage, that too should have a timeline in the contract and again, you can send them notice to perform if they have not given you their pre-approval letter and letter of funds for closing by the lender.

Good Luck - I would have your agent give the other agent a deadline, if it's not already in the contract. If the deadline has passed, tell your agent to put it back on the market and let the other agent know they lost out on your house.

Katricia