Trying to make an offer, but listing agent stinks

8 Replies

Primary residence question here.  My wife and I are looking to purchase a house in Oviedo Florida.  We've been trying to submit an offer for about a week but the listing agent keeps making excuses about why our offer hasn't been submitted and overall just seems to be a lousy agent.  

So is there any way to submit the offer an offer despite this agent?  We'd like to know sooner than later, and it will certainly be a **** if an offer is submitted and accepted while this agent appears to be spinning their wheels.

Did you submit your offer using a buyer's agent or just directly to the listing agent? Regardless of how low or insulting the offer is, the agent is obligated to present it to his client unless the client specifically states they don't want anymore offers presented to them.

From the sound of it, it seems that it was submitted independent of a buyer's agent. And yes, basic law dictates that all bonafide offers given be submitted. But there may be more to it. As @Michael Jobe   mentioned and without knowing any of the details, don't know if the agent felt that it was an extremely low ball offer (one not considered fair) and they were being directed by the seller. Depending on the situation and the type of sale, (short sale, resale or foreclosure) each can be different. But again, if I were them I would still submit just because of situations like this. However, the listing agent should still explain the details to you better. If you are not working with an agent of your own, and you feel you are getting the run around from the listing agent, then you can also follow up with his/her broker as another recourse. They need to explain to your satisfaction just what the situation is.

@Patrick Jacques  I've run into this a couple of times.  I got immediate action by sending an email directly to the listing Broker and copying the listing agent.  It was amazing how fast the Broker got a fire lit under the agent.  :-)

Personally I send an email to the broker and see what happens :)

do you have any specific excuses that they gave you? This sounds like a gross breach of the code of ethics. Agent has a fiduciary responsibility to give offers to his client. Is this an REO property by chance? Plenty of shady agents that try to steer deals to their own investment partners in illicit manners. There was an article on this shady and downright illegal practice that I will see if I can dredge up

found it.  not sure this applies to your situation but this is only one of many potential shady practices that can be going on.   or you just are dealing with an incomptetent agent.

I can't think of any possible excuse that would prevent me from presenting an offer to a client.

what a bum.

A seller's agent (the listing agent) must present any and all offers to the seller, unless the seller has instructed the agent otherwise in writing.

For example, the seller could say in writing, that he does not want to be informed of any offers below $150,000 Net. So anything that nets above 150 would have to be passed on to the seller.

Contacting his broker, as @Hattie Dizmond  says, is the way to go first.

You can also make a complaint about the listing agent to the DBPR, who issue his license and regulate his business.

@Patrick Jacques If you want to message or phone me with the listing and/or agent details I can provide you with as much detail as possible from the MLS and the Florida DBPR. I will naturally keep the property details confidential.

I would love to see you get it!

Updated about 4 years ago

Or you can email me of course. Details in my profile.

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