Is there any such thing as a seller rejection letter?

Question

I have a strong suspicion that a sellers agent has lied about submitting my clients offer to her client due to the fact that my client was not represented by a agent and wouldn't agree to let this agent represent client on the buyers side too. Before I got involved, the sellers agent went so far as to tell my client that it is illegal to represent yourself in a real estate transaction. Due to that unethical behavior, animosity and tone of correspondence I read between the two (not by my client) I would like some way to confirm that the offer was actually submitted to seller.

I could certainly create a document that I want the seller to sign evidencing the offer was actually submitted and rejected, but I am wondering if that is a normal course of action or is it something you just live with and move on? Is there a standard document or course of action agents use in this scenario - other than reporting her to licensing boards?

Jeff Copeland · Answer

Hi @Laura Richards,

Note that on the FAR/BAR As-Is contract that is currently being widely used, there is a spot for the seller to sign on Page 11, Line 586 formally rejecting your offer. You could ask the listing agent to have the seller formally reject your offer in this manner (though in my experience, this is rarely used).

Your best initial course of action might be to simply talk to her broker about your concerns and her lack of professionalism/ethics and knowledge (her telling a buyer that it's illegal not to have an agent certainly raises some red flags and is something her broker would probably like to hear about).

Ultimately (and legally), the listing agreement is between the broker and the seller. The listing agent acts as an agent of both.  The broker seems like a logical next step.

Cody Hyman · Answer

@mike cumbe, i am in a similar situation, however, the sellers agent has strong influence on the homeowner.

She has her house listed, I offered $4,900 below list price with me paying all closing costs and the agent says she's not interested and refuses to sign the rejection letter.

What would you do in that situation?

Laura Richards · Answer

I just sent an email thanking her for letting me know and told her I would relay the information to my client.

I then asked her to have her client check the box I found on the contract for seller rejection, sign and send back to me for my file. I also asked for her brokers license number just for info purposes.

Michael Dake · Answer

I would ask the seller's agent, in writing, to confirm delivery of the offer to the seller.  I cannot find, in a quick search, whether a FL licensee has an affirmative obligation to deliver all written offers to the seller (I assume the offer was in writing), which would be the case in AL.  The best I can find in two minutes are positive obligations to be truthful in all matters and to handle earnest money properly.  Your statement of the facts does not address a deposit.  FL licensees can also be charged with failure to comply with the terms of a listing agreement, but you would not be privy to those terms from the buyer side of the table, but I would expect that an obligation to present offers would be included there, if only by inference.

Sellers are not, in general, obligated to respond to offers if they don't want to.  Sellers incur obligations, through their agents, to handle deposits properly, so following the money, if present, will help answer your concerns.

Just ask the seller's agent.  The answer is required to be truthful.  Will be interested to see how this works out.

I am an AL Licensee.

Mike Cumbie · Answer

Hi @Laura Richards,

There isn't an official form and I think it would be hard to get someone to sign it. Generally I try and respect the agents relationship with their client and trust they are doing what is in their clients best interest. Fully disclosing all discussions with the client and presenting all offers.

That being said, if I had reason to strongly believe that my clients offer wasn't presented I would most likely send a post card to the home that the taxes are paid from. Simply stating "I placed an offer on your property located at (address) on 4/20/2016 through your agent. Thank you for taking the time to consider it" and leave a phone number.

It is a little passive aggressive (ok alot), but if they did not receive an offer they can contact you or go to their agent etc. You know they received the post card.

I would not call, for 2 reasons:

1) If they are on the Do Not Call registry and your client calls to solicit (And they were really offended by the offer and quite fed up) they could start a mess for the client.

2) They did hire an agent for a reason and getting into a conversation around the agent just feels a little dirty to me.

I hope it works out for you.

Laura Richards · Answer

@Jeff Copeland and @Jonna Weber Thank you for your responses. I totally get losing out on a deal, but I have a hard time letting it go when it seems underhanded.

Just as an FYI- Line 586 of the FARBAR As- IS has a little box for seller to check and sign if offer was rejected. LOVE FAR BAR's! (Amazing what happens when you carefully read an entire document)

Ayodeji Kuponiyi · Answer

@Laura Richards Interesting question. Have you discussed this with your superiors or an experience agents in your area?

Jonna Weber · Answer

No official form that I know of. I like to get a listing agent to put it in an email if we've been officially rejected.  We usually accept and move on, but in this case, if I were your clients I might contact the sellers directly to just confirm receipt and rejection.  You don't know if the animosity is coming from the agent or the sellers.

Is there any such thing as a seller rejection letter?

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