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#273183 - 02/02/09 09:14 PM Listing agent refusing to submit an offer~
BayAreaAgent Offline
Member

Registered: 02/27/08
Posts: 127
Loc: ca
where can i find the violation or legal case regarding the listing agent not submitting a full price-as is offer to the sellers? they keep reducing the asking price,

listing agent told me that he won;t submit my full price offer to the sellers.

what should i do regarding this?

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#273185 - 02/02/09 09:38 PM Re: Listing agent refusing to submit an offer~ [Re: BayAreaAgent]
Perky_REALTOR Offline
Mod Squad
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Registered: 11/27/06
Posts: 7685
Loc: PA
Is the property under contract? Perhaps the sellers told him that they don't want any more offers?

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#273189 - 02/02/09 09:56 PM Re: Listing agent refusing to submit an offer~ [Re: Perky_REALTOR]
BayAreaAgent Offline
Member

Registered: 02/27/08
Posts: 127
Loc: ca
nope, still active and it just reduced $60,000,

no offer other than my buyers

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#273190 - 02/02/09 09:59 PM Re: Listing agent refusing to submit an offer~ [Re: BayAreaAgent]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
that's mondo bizarro

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#273191 - 02/02/09 10:01 PM Re: Listing agent refusing to submit an offer~ [Re: Perky_REALTOR]
SalePro Offline
Member

Registered: 02/17/08
Posts: 145
Loc: All of Ca.
Did the listing agent say why he won't submit the offer?

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#273194 - 02/02/09 10:05 PM Re: Listing agent refusing to submit an offer~ [Re: SalePro]
BayAreaAgent Offline
Member

Registered: 02/27/08
Posts: 127
Loc: ca
he doesn;t like my buyers, may be he wants to buy this house cheap without presenting any offer to the sellers.

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#273198 - 02/02/09 10:27 PM Re: Listing agent refusing to submit an offer~ [Re: BayAreaAgent]
GM2004 Offline
Member

Registered: 03/26/04
Posts: 33
Loc: Plano, Texas
Before you consider other actions, call the broker in charge! Or, go with the offer to the listings agent office and talk to his broker and submit your clients offer at that time...

Listing agent has a duty and obligation to submit all offers.
_________________________
George Milos
North Dallas Real Estate

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#273204 - 02/02/09 10:44 PM Re: Listing agent refusing to submit an offer~ [Re: GM2004]
SalePro Offline
Member

Registered: 02/17/08
Posts: 145
Loc: All of Ca.
Bay, has hea actually said those things? That he doesn't like your buyers?

2 options... physically deliver the offer to his office and/or ask your Broker to step in and present the offer.

I'm not saying this is the case here... but I've seen some deals almost go south because of personality conflicts. It can help to get another head in the game at times.

I'm sure there is more to this... I can feel your frustration from here.

I hope it all works out!

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#273238 - 02/03/09 07:57 AM Re: Listing agent refusing to submit an offer~ [Re: SalePro]
ManFromTheBand Offline
Veteran Member

Registered: 08/23/05
Posts: 704
Loc: Spring Hill, FL
I agree with GM2004 - talk with your broker and ask him/her to go straight to the listing agents broker. The listing belongs to the broker, not the agent and the broker is ultimately responsible for how it will be handled. At the very least, this should prompt the broker to ask the listing agent what's going on and you should get some real answers nailed out.

Unless the listing agent has it in writing from the seller not to present offers like yours (for whatever the reason might be), they are supposed to present all offers in a timely manner.
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#273283 - 02/03/09 10:33 AM Re: Listing agent refusing to submit an offer~ [Re: ManFromTheBand]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8391
Loc: georgia
What type of property is this short sale,pre-foreclosure,reo,regular listing?

I have seen it where there is an offer for an reo on the table but mls shows active and the listing broker is waiting for the next price reduction so that the bank can accept there buyer offer and the broker can double end the deal.

There could be a couple of things going on it's hard to say.

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#273304 - 02/03/09 11:44 AM Re: Listing agent refusing to submit an offer~ [Re: BayAreaAgent]
shana Offline
Major Contributor

Registered: 11/06/07
Posts: 1520
Loc: Nevada
Originally Posted By: BayAreaAgent
where can i find the violation or legal case regarding the listing agent not submitting a full price-as is offer to the sellers? they keep reducing the asking price,

listing agent told me that he won;t submit my full price offer to the sellers.

what should i do regarding this?


if you're in California, the DRE can help you find references in the California Code, and court decisions. this is a well known obligation under general agency law.

we can't tell you what you (should) do, because that could be taken as legal advice. what you can do...get tough and inform the listing broker that he is on thin ice if he refuses to present the offer without a written instruction to that effect from his client.

and if the current list price is lower than your current offer, withdraw it and submit a new lower offer. the seller will be obligated to accept your new cash offer (without contingencies) at the current list price, saving the buyer some serious cash.

no legal advice intended


Edited by shana (02/03/09 11:51 AM)

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#273306 - 02/03/09 11:52 AM Re: Listing agent refusing to submit an offer~ [Re: shana]
Bigtoe Offline
Veteran Member

Registered: 10/14/07
Posts: 1215
Loc: Outer Banks
If it is a foreclosure does the bank require the offer to be submitted by the buyer's agent directly to the bank through the bank's website?



Edited by Bigtoe (02/03/09 11:53 AM)
_________________________
Your Outer Banks real estate agent. Learn how to buy an Outer Banks Foreclosure property.

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#273311 - 02/03/09 12:01 PM Re: Listing agent refusing to submit an offer~ [Re: Bigtoe]
dial1010 Offline
Member

Registered: 01/19/09
Posts: 365
Loc: CA
I would email/fax the offer for documentation purposes, that way later on it won't be he said i said.
I would call DRE as well but before this, talk to your broker and he/she should contact his broker


Edited by dial1010 (02/03/09 12:02 PM)

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#273349 - 02/03/09 02:31 PM Re: Listing agent refusing to submit an offer~ [Re: dial1010]
ManFromTheBand Offline
Veteran Member

Registered: 08/23/05
Posts: 704
Loc: Spring Hill, FL
Quote:
and if the current list price is lower than your current offer, withdraw it and submit a new lower offer. the seller will be obligated to accept your new cash offer (without contingencies) at the current list price, saving the buyer some serious cash.


A seller is never obligated to accept any offer (at least not in FL, but I'm pretty sure this applies pretty much anywhere)...regardless of whether it's full price or not...
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Check out my Google Profile or connect with me on Facebook, LinkedIn, or Twitter!

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#273367 - 02/03/09 03:35 PM Re: Listing agent refusing to submit an offer~ [Re: ManFromTheBand]
Mr. Foreclosure Offline
Major Contributor

Registered: 09/01/06
Posts: 2834
Loc: upstate New York
New York is like ManFromTheBand reports for Florida, somehow I doubt Nevada is any different!

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