I submitted my buyer’s offer for a property to the listing agent, but I’m concerned about whether it was presented to the sellers. Does the listing agent have to tell me if the offer was presented if I ask?
Yes. If you submit a written request, the listing broker must provide written affirmation that the offer was presented to the seller or that the seller waived the obligation to have the offer presented.
Standard of Practice 1-6 of the Code of Ethics states that REALTORS® shall submit all offers and counteroffers objectively and as quickly as possible, and Standard of Practice 1-7 requires listing brokers to provide written affirmation that offers were presented to cooperating brokers that request it, unless the seller has waived in writing the broker’s obligation to present the offer.
The only reason that a listing broker would not automatically send the written affirmation of presentation of an offer is if the seller was waived that request and a smart listing broker would include that information in the agent only comments of the MLS.
Listing brokers – here is a great way to document that all offers have been presented by you to the seller: After the listing agent presents the offer to the seller (and the offer is then rejected by the seller), write the word “rejected” in large letters diagonally across the page. Then have the seller initial and date under the word “rejected”. Lastly, make a copy of this page of the offer for the file. If there is ever any doubt from the (potential) buyer(s) or even the seller that all offers were indeed presented to the seller, there will… Read more »
There should be one if properly observed.
It would be great if there was a form a buyer’s agent could have the buyer sign asking if the offer was presented, and the seller would have to sign it to acknowledge it was presented or they waived the obligation of it being presented. Would just be so much easier and cleaner, in my opinion.
I completely agree.
What would be considered Written Affirmation? Is there a special form we need to use? Or a simple reply as thank you for your offer, it has been presented but the owner chose another one would suffice?
EMAIL THE OFFER TO HAVE PROOF THAT IT WAS REAL OR IT DID NOT COMPETE WITH OTHER OFFERS…UNFORTUNATLY WITH THE ADVENT OF VIRAL SIGNINGS THERE IS THE QUESTION OF THE REALTOR WANTING THE ACCEPTANCE RIGHT AWAY….THIS HAPPENED TO ME i DID NOT WAIT OR CONTACT A LAWYER TO LOOK OVER AND WAS WAITING LITTERALLY AND FEEL THAT THE REALTOR WHO IS SUPPOSE TO EMAIL OFFERS OR COMMENTS FROM HOME LOOKERS WHICH SHE DID NOT EVER DO CANNOT ASSUME NO ONE WANTED MY HOUSE THAT SOLD 10% BELOW LIST…..SHE DID NOT DO ANY WORK?…..I DID NOT DELAY THE SIGNATURE AND SHE… Read more »
It use to be that our word was good enough. I’m surprised that this question is even asked. We present all offers, it’s what we are suppose to do. Am I the only one that thinks this way about this topic or am I missing something. Please correct me or help give me an example of some kind that made this question arise. I’m open minded, I am old school and I realize things are different now and younger people are starting real estate careers more than ever before, I think we need a form if this is an issue.… Read more »
Hi Elizabeth, I’m in a situation where my husband and I submitted a full price offer on a home and exactly 2 minutes later the listing agent responded “sorry but your offer isn’t even close to the other offer we have.” That made me feel like our offer wasn’t even going to be shown to the seller. I’m now looking at this thread and about to submit a written request for proof that our offer was shown or that the seller waived the obligation to see an other offers.
Yes – I’ve just been involved in a transaction that I feel was very shady. House A came up on the market in my price range. Called the realtor and she showed my House A and House B (another house that I liked). I decided that I really loved House B and wanted to make an offer on it. She said “oh, that’s the house that the house that the people who are selling House A put an offer on 😳. She said they made an offer on that home contingent on selling HER home (House A). So, I was… Read more »
Hi Allison. The listing agent is not a neutral 3rd party. She is operating on behalf of her clients and she is obligated to perform 100% in their best interest. If you did not hire her as a Buyers Agent to represent you, then she will not have your interest to consider. You should hire your own agent and have your agent find you a mortgage broker that they have a relationship with. You will find this setup much less frustrating and will considerably increase your odds success.
Listing agent is required under the National Association of Realtors to present ALL offers. High, low, in between, written on a napkin. For one to tell you “it’s not even close” is entirely unprofessional and at minimum you should contact her broker. Also, there is NO reason whatsoever that you, as the Buyer, cannot contact the Seller directly. You are not bound by the code of ethics, nor is the Seller.
All agents are to act in behalf of their client, but that does not negate their responsibility to act ethically and in “fairness” to all.
Sorry to burst your bubble but it happens, it actually happened to me twice by the same 2 realtors. They were not presenting offers they didn’t like not giving the seller the opportunity to even look. I actually spoke to the seller and she confirmed she hadn’t seen any of my offers. Some people are just plain GEEEDY.
I just presented an offer and the agent did not even acknowledge she received my offer. Had to call her the next day to find out if she received it. She danced around where I finally just said, you accepted another offer. She went on to tell me that they had multiple offers but she didn’t do a highest and best. She said ours was too low to even counter. I told her if you didn’t do a highest and best how would you know if my client wouldn’t go above the asking price.
It is self-explanatory…yes second-guessing whether it’s the only offer after lowering the price due to no one offering in a seller’s market makes the motives questionable…you want the best price not the realtors pick for your house…changing sides and giving buyer the sale ……no offers why not…in my neighborhood offers went above appraisal what happened to my house why was it sold to someone who only put 1% down with a discount buyer brokers…my house was not a charity. And the realtors sold the house for a 70% investor pricing….so you see why we become suspicious…in NY I had to… Read more »
I just cannot understand how a Sellers agent would not submit ALL offers. I submit all offers and let my sellers decide. I know agents that get offended with lowball offers. You know what it’s not up to them to decide. Just present it and let your sellers decide. It should never be a question. I’ve sold a few properties when the offer was a lowball.
Exactly, you never know. It’s a code of ethics/standard of practice of NAR violation to not submit all offers. Agents who try to make you feel small may be trying to “help” their seller, but ultimately they’re not. With the advent of the internet, Zillow, etc, agents are fast becoming obsolete and they should think twice about treating Buyers the way some do. Someday the Buyer becomes a Seller.
Absolutely! Another way to check is to call the listing agent and ask if the offer had ever been submitted.
What happens if this is not done?. You suspect the offer was not presented and agent does not give you a written affirmation
I am trying to purchase a property that is under an exclusive listing. The selling agent is the broker. I have made multiple verbal and email offers. Which the agent replies to the seller has a better offer they have not accepted. I have no idea if the agent is even providing my offers ” which are resonable offers to comos on the same street”. The agent kepps saying there are no comps and I should accept the originally lusting price (which is more than a new home) and let the appraisal dictate the price! This house needs alot of… Read more »
Get a buyers agent to represent you.
Best advice for buyers is to get your own buyer’s agent. The listing agent represents the seller interest and not yours.
There should definitely be a form made that the parties must initial stating that the offer of ex: 300K from John was presented on DATE.
The offer has been (accepted, rejected or undecided until DATE).
Buyer Initials and Seller Initials
It is sad but a lot of listing agents hold off in hopes of representing both the sellers and the buyers for double the commission.
We found out for a fact that our offer was never presented on day 5. The listing agent keeps coming up with lies about many other offers and the sellers having discussions with their attorney etc… she also said she’s away on one occasion and she can’t present an offer only 2 days after. Not to mention we couldn’t get in the house for a week because she said the house is under renovations while we found out that there were 7 showings that week. She is clearly playing games and is trying to double end or whatever. I told… Read more »