Last week I found a good property on the MLS, quickly worked the numbers and gave my agent the OK to present the offer. Within an hour, the seller's agent replied that there was a contract on it already.
My agent points out that the MLS status still shows as active, to which the seller's agent replies that he will change the status after inspection. Two days pass and we press the seller's agent again. He responses that he has a verbal offer on it and won't go any further.
Am I correct that the seller's agent is breaking the rules here?
Is there any way I can file a complaint or protest?
Is it legal for me to sweeten the deal for the seller's agent? I.e. could I offer him a bonus of some sort?
This is a big no no on the behalf of the sellers agent- at least here in Oregon. He has an ethical obligation to present the offer. Your agent should know that as well.
Though in reality- I am not sure what would be accomplished by reporting them or even threatening to report them. Ticking off your connection to the seller doesn't seem helpful. Maybe your agent an come up with a nice way to remind them of their obligation.
MLS statuses do not necessarily reflect reality. Many MLS systems have rules on when a status needs to be updated...however many people do not follow those rules. REO agents in my market are notorious for this. The property very well may be under contract, and you just are not privy to the information.
Thanks guys. @Russell Brazil So it appears that the seller's agent only has a verbal offer on it. Could I offer him a bonus if my offer was accepted?
@Steve B. I would ask your agent about the laws in your state regarding that. I think in my state that would likely get an agent into trouble.
@Russell Brazil I will look into it. Thanks again.
@Steve B. Is there anyway to write the offer with the listing agent? It might burn a bridge with you current agent which you would need to consider. Listing agent may also not want to represent both buyer/seller. I've seen some deals only work out because the listing agent was representing both sides - it made it naturally sweeter for them.