read the listing agreement.

1. Document it. Send Fax or Email to other Agent & Other Broker & Your Broker, clarifying what was said by whom and when.

2. Take the Matter in writing to your Broker, your Broker may have Legal Counsel available for advice.

3. If you are a member of California Association Realtors, they have a legal staff that will provide guidance.

4. If it's on the MLS, check your rules, and contact your Board for assistance. Who knows maybe you would be entitled to a commission on the property when & if it ever closes. But mainly it doesn't belong on a "co-operating MLS" if the Seller is not Co-Operating, "Not Accepting Offers".

I recently read a blog (last 45 days) on a property that had "sometype" of serious issue (either structural or Drug/Mold/Anthracks Clean-Up issue) It required an all cash sofisticated buyer, the Seller (Bank or Private Lender) instructed the agent to only show them certain criteria buyers and basically would not sell to just any buyer) In addition, the agent was not at liberty to disclose until after an offer was accepted from a "certain qualified type" of buyer. The Agent was not allowed to disclose any details, on what the "prequalify" conditions would be,thus not making this issue transparent to all buyers' or their agents.

Sorry wish I could recall where I read this....You may want to google some topic with a keyword "offers not presented", or something.

The behaviors of the Listing Agent in the article and what you describe have many similarities. The price was dropping because repair reports for eradication were still coming in.

I recall thinking as I read the article that the seller was not consumer friendly, but at the same time his job was to dispose of the property, limit his 1st hand knowledge, so he didn't have to disclose... and minimize publicity in order to contain further legal exposure. I can't recall if the blog-home was listed on the MLS.

Keep us posted on whatever happens...like to have an end of story..... and Good Luck

True, but they are obligated to pay a commission.

That part usually gets their attention, Doesn't it ?

in some cases the buyer could sue and force the sale. so, at least in theory, the seller IS obligated to sell per the terms of the listing agreement and purchase offer. in reality, this isn't done very often as courts are reluctant to compel a sale unless at least one party can show substantial damages as a result of non-performance.

no legal advice intended

i could be mistaken, but i was under the impression that we are speaking of an offer as opposed to an actual contract (contract=signed by both parties with all terms and condition agreed). the fact that it is an offer would make the terms the buyer offers unenforceable until the seller were to actually sign the paperwork. non-performance is when someone agrees to something and does not follow through. the fact that there was nothing agreed makes a suit of non-performance irrelevant.

if i were a lawyer i would call this legal advice but i am no lawyer so this is not intended to be legal advice, just my opinion.

That is illegal in our state. If you write an offer for a buck on a bevnap, the listing agent still must present it.

Originally Posted By: ManFromTheBand
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...


True, but they are obligated to pay a commission.
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Depends on what is in the listing agreement

First you need to tell us more about the offer. What are your terms? The listing agent may be operating under the direction of the seller. For example I do have one seller that has given me explicit instructions to reject all FHA offers. What kind of condition is the property in? The listing agent may be under directions to only present cash or 80% LTV or lower offers. What is the closing date? The listing agent may be under instructions not to present any offer with 60 day or longer close. Are you requiring your own title company? That may be a reason as well.

You need to give more information than just you offer is not being presented. If the listing agent is operating on the direction of the seller and your pursue the issue you will look like a fool. So please give us more information.

Thats where it gets real tricky. There are other things in an offer then price. There are terms. And even a closing date is a term. The seller can simply say I rejected the offer based on terms. And no the seller does not have to give a reason.

And with that if the property is homesteaded you can not force a seller to sell even with a contract. The most you can get if the property is homesteaded is damages.

Does this apply to REO properties?

How to make sure the offer finds its way to the Seller (Bank)?

We all forget this but you have the right to present and submit the offer directly to the Seller (in California). The LAs don't like this but we do have the right to present our clients offer directly. Is the house vacant or occupied by the Sellers? If occupied, I'd leave them a note saying you have an offer you'd like to present to them.

As others have said you have the following options other than the one above:

1. Let your broker talk to the LAs broker and get the offer submitted that way;

2. Submit a grievance to the MLS and let them deal with it (they will be able to see if the LA violated his obligations to his clients by withholding offers). I would certainly make a big point of mentioning in the complaint what the LA said about your clients (not liking them). That smacks of discrimination, especially if your clients are in some protected class. A LAs job isnt' to like or dislike potential buyers, it just isn't;

3. Contact the CAR Legal Hotline and ask for their guidance; and

4. If all else fails, make a complaint to the DRE. Failure to submit offers (even after an offer has been accepted, unless otherwise instructed not to) is a violation of state law and they will investigate.

Good luck.

In all 50 states it depends on the seller. If the seller dictacts all offers be presented by the listing agent then there is nothing anyone can do about it. That is the way it is. All the listing agent has to do is get a note from the seller that the seller wants the listing agent to present all offers.

On our mls we have an area where it specifcally says if it is ok to present offers directly to the seller with a yes or no.

Assuming this is not bank owned, there are no laws or codes that restrict the buyer from knocking on the door of the seller and presenting the offer themselves.

There are no laws restricting a buyers agent from mailing the offer to the seller.