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#288724 - 05/01/09 08:04 PM Conditional offer
realnewbie Offline
Junior Member

Registered: 05/01/09
Posts: 1
Loc: Ontario
Hello - I just went to put an offer on a property and it was signed back that I had to list my property with an agent from that brokerage in order for the offer to be accepted. Is this legal? I have not signed the counter offer as I don't feel good about this.

Is this legal? Certainly seems unethical.

If I make another offer and MUST list my place with an agent - I am just going to tack on the commissions to my asking price, but I don't think it will sell at that price.

Any suggestions?

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#288743 - 05/01/09 09:55 PM Re: Conditional offer [Re: realnewbie]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
The plain truth is that as a unrepresented buyer, you are way over your head in a Buyer Beware Situation, and you have absolutely no one looking out for your interest.

Every property owner is free to list their property for sale with any licensed brokerage firm they desire and preferably one that does not and will not have a conflict of interest by trying to representing both the buyer and the seller in the same transaction.

Briefly,the representation of more than one party e.g. dual agency or multiple representation is illegal without the written consent of all parties.

Consider, if you will selling your property first, to ensure that you have the necessary funds to buy and negotiate the date of possession on the sale of your property to allow you sufficient time to purchase and take possession of a new property.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

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#289312 - 05/05/09 09:43 PM Re: Conditional offer [Re: Devil's Advocate]
Duncan Pollock Offline
Member

Registered: 06/28/04
Posts: 148
Loc: Ontario, Canada
It's a sad reflection on our industry, but there's no legal basis for what the seller's brokerage is demanding. The idea is, I'm afraid, (too) typical of what (too) many agents will try.
My advice would be to find yourself a Buyer Agent ASAP and resubmit your offer. I very much doubt that the seller will refuse it. The "list with us or else" requirement isn't going to put an extra dime in the seller's pocket. It's simply a ploy by a listing agent who thinks he/she has a sucker on his/her hands and can (quite unethically) "buy" an additional listing.
Shame on him/her!!

Duncan
_________________________
Acts as an Exclusive Buyer Broker for residential and non-residential properties in Canada's Niagara Peninsula.

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#289401 - 05/06/09 07:02 AM Re: Conditional offer [Re: Duncan Pollock]
Bigtoe Offline
Veteran Member

Registered: 10/14/07
Posts: 1294
Loc: Outer Banks
I would not let my seller go under contract with a contingency for the buyer to sell their house without an agent.

I would not require you to use my firm but I would want to see it listed with a legitimate firm and at a price that will sell.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#289402 - 05/06/09 07:03 AM Re: Conditional offer [Re: Duncan Pollock]
Bigtoe Offline
Veteran Member

Registered: 10/14/07
Posts: 1294
Loc: Outer Banks
I would not let my seller go under contract with a contingency for the buyer to sell their house without an agent.

I would not require you to use my firm but I would want to see it listed with a legitimate firm and at a price that will sell.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#292704 - 05/30/09 07:59 AM Re: Conditional offer [Re: Bigtoe]
DavidPylyp Offline
Member

Registered: 11/09/05
Posts: 153
Loc: Toronto, Etobicoke, Mississaug...
An offer that is Conditional Upon the sale of a property contains an intangible increase in the purchase price to make your offer more appealing to the seller.

You are in that sense paying for the benefit of your condition.

http://www.youtube.com/watch?v=xDlsYnxLukE

The conditions in the offer need to be fulfilled in a timely fashion as is contained in the Agreement of Purchase and sale.

This does not include changing your mind or buyer's remorse.
_________________________
David Pylyp
Toronto West, Etobicoke & Mississauga
Living in Toronto
Humber Bay Shore Condos
[email] david@davidpylyp.com [/email]

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