What's appropriate here? First, I have not signed anything with any agent yet. Second, I flew to a different part of the country to look at properties in the chosen area because the cashflow is much better there than where I'm at in the San Francisco Bay Area. Friday and Saturday I met with real estate agents on different days to look at rental properties in different areas. Both companies also do property management as well. Call them Company A and Company B The properties I looked at with Company A are on the North Side of Town and they are properties I personally picked out in advance. I gave him the addresses, etc. and he made arrangements to to see the insides of the properties that we could go inside. Some of them we couldn't go inside because they are occupied and in essence I would end up having to make a curb offer. The properties I looked at with Agent "Slowski" at Company B are on the South Side of Town and they are properties I personally picked out in advance. I gave him the addresses, etc. and he made arrangements to see the insides of the properties that we could go inside. Some of them we couldn't go inside because they are occupied and in essence I would end up having to make a curb offer on these as well. None of the properties I looked at with Company A are properties i liked after seeing them close up. Three of the properties I saw with company B I liked and I told agent "Slowski" this on Saturday. We discussed what amount the offer should be, strategy on how to handle a potential counter offer, etc. and then I told him on Saturday afternoon to go ahead and write up the offer for the amount we've agreed upon. Get it over to me, and I will sign it. He smiled and said OK. Did not hear back from him the rest of the day Saturday........ Did not hear back from him on Sunday........... Monday morning I call him and ask, when can I expect to get the offer from you so I can sign it...... He says, "I'll have it to you on Tuesday". Needless to say I was surprised, but it was a Monday, beginning of the week, and I could tell he was in the middle of something by the tone of his voice, etc. etc. so I said OK. I have emailed him twice today (Tuesday) about the offer and asked when can I expect to hear back and he still has not responded back. It is now Tuesday ......5:00pm California time....Which means it is 8:00pm his time so I am assuming he will not be getting the offer over to me today. Before you say, find another agent at Agent "Slowski's" Company and work with him or her,....I already have.......but nothing seemed to change. When I first contacted this company the receptionist put me through to "Agent Slowski" and we had a nice conversation ,...Afterwards I looked up his name on their website and found out that he is the Office Manager at this company....and he is a licensed Realtor. Over the last 3 weeks before flying out to their part of the country to look at properties he was either slow getting back to me, or he wouldn't get back to me at all. So I contacted a different person at their office.....someone who is on the SALES side and does not have collateral duties of Office Manager, etc. He in turn said to stick with "Slowski" but CC him in on all communications, which is what I've done. I have not signed anything with anyone at Company A or Company B , .....and I would guess that any Realtor will tell you that from an ethical standpoint I am supposed to "write the offer" with the agent that took me inside the property..........but when is enough, enough regarding waiting on this agent?

I agree this is a relationship business and you can look back over 9 years of posts with me stating that very thing. I also recommended in my last post that the OG poster document the history so he could provide it to any other agent (listing agent or otherwise) for their review. I also agree that it is important to be upfront with any other agent regarding the timeline and what transpired so they can make a decision to move forward with you or not. Great advice Irina.

@Irina Belkofer Totally agree, that's why I recommended discussing it first with the new agent. I'd be super-pissed to find out about an issue like this a month after closing if I was the agent who actually ended up writing the offer. Its a relationship business and many folks underestimate how tight the professional community is and how small the group of quality agents who farm an area is. No need to burn a valuable bridge by hiding what is going on.

@Matthew Olszak I agree that it doesn't affect the buyer unless he sign the "Exclusive buyer agency" agreement. This is bad for his agent who will work on this offer. If he wants to build good professional relationship with an agent in the area of his interest, it's the best to be honest with our agent and document the broken chain of communication with the previous one. Real estate is relationship business, and it's not what you know - it's who you know. If you work out of your area of expertise (as of location) it's better to have good established relationships with local agent, contractors, lawyer etc

@Brian Garlington The answer to your question: Yes, that's too long. Our multiboard contract here is 13 pages, and seriously its a stretch to even say it takes me 15 minutes to fill everything in. Even less if your info and the listing info is already entered in my Dotloop account. I personally use my wind down time later in the evening to write all of the non-asap offers, and if its a hot-hot-hot property I can write it up for your signature in Dotloop or DocuSign on my cell and you can sign it on your cell before we even leave the property. Totally unacceptable to wait DAYS. Many people have brought up a possible procuring cause issue. I'll refer any opinon on that to someone who is familiar with Ohio laws, ie @Irina Belkofer. Its really not your problem though unless you sign a buyer-broker agreement where you may owe a commission to the broker if its not paid out from the list agent. Even so, it'd be a good idea to discuss your situation with your new agent prior to them writing the offer so they can decide if there is a potential issue. For Illinois, my opinion is that by not writing the offer in a timely manner, the "uninterrupted chain of events" required to claim procuring cause would be broken at that point.

I like when people are saying "I'm not a licensed agent in any state but I know that..." Maybe you should read something for educational purposes :) Every year Division of RE in Ohio rules in favor of agents just on the basis of signing "Consumer guide of agency relationship" with the client - no offers, no acceptance - that relates to the contract, not the agent-client relationship. People call listing agent "selling", mistake "Agency disclosure" with "Consumer guide to agency", have no clue about basics of the profession, however, rush to give their advices - because they feel it's fair. Then, everyone wonders, why lawyers make good money :) that's why!

Is my potential agent taking to long to write an offer?

Dana WhickerPro Member

Investor · Fernandina Beach, FL · Member since 2014 · 557 posts · 374 votes

9y

If an agent knows you're a legit buyer this is Absurd. Fired! If they know you flew in to look at properties they should be all over you as a buyer. My agent writes offers, gets them to me for signature, and delivers them to seller's agent in 4 hours.

2 Reply

Michael Plante

Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes

9y

I would call the listing agent and say you want to put in and offer.

Or simply knock on the door and tell the owner

Real estate agents like that REALL tic me off and I have no problem going around them to make an offer

1 Reply

Christine Kankowski

Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes

9y

I applaud your efforts to stick with this agent, however, you dont need to if they are not doing what is needed.

Ask him if he can have the offer documents to you by 9am tomorrow, since you have been waiting for them for x days now.

If he cannot do this, go to another company altogether and ask an agent to write up an offer for you. Maybe even the agent that showed you properties in the other end of town. Ask how long it will take to draw up the offer, so you know up front... It really should be 1 day max.

Totally frustrating, I know.

As an agent, (as an FYI) the only people who dont get my immediate attention are those who put in lowball offers that have a close to 0 % chance of getting accepted. I'm all for somewhat low offers, but super lowball... nope.

2 Reply

Sandra B.

Orange County, CA · Member since 2017 · 36 posts · 24 votes

9y

I personally would switch agents without a second thought. IF you lose any of the properties because another person beats you to an offer, you will be angry not only with the agent but also yourself for not taking more aggressive action. I get it. I'm an east coast city girl living in the west coast suburbs. Most people with whom I interact can't keep up with my sense of urgency. It's not their fault and it isn't personal. You just need to move forward with someone who can, set clear expectations about their level of responsiveness and initiative, and hold them and yourself accountable. As for agent B, you have no contractual obligation to him. If he confronts you about moving forward with another agent, be polite and be honest. Use tangible examples in which his level of responsiveness did not meet your expectations. And APOLOGIZE and accept ACCOUNTABILITY about failing to clearly communicate your expectations to him from the outset. No hard feelings. That is important. And don't talk smack about him to anyone. He's more established than you in the market. When things go well, give credit to others. When things go badly, accept responsibility.

1 Reply

Amy H.

Rental Property Investor · Richmond, VA · Member since 2017 · 295 posts · 229 votes

9y

@Brian Garlington I worked with agents at my old day job for a year and I never heard someone say an offer would take almost 4 days to write up. If he never stated on Saturday that he had obligations that would hold up your offer beign sent out, then he has no excuse. My agent will sometimes say "I have to take my daughter to dance class tonight" and then I understand that he won't send it until super late at night or early the next morning. At my previous job, I would hear investors call in for the agent around lunch time to put in an offer and the agent would have it back to them before EOB that same day. I wouldn't accept 4 days, that's valuable time he's wasting of yours. Move on to a new realtor who understands the urgency.

1 Reply

Russell BrazilBusiness Member

Moderator

Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes

9y

One thing you havnt mentioned is the location. Different parts of the country work at different speeds.

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Will BarnardPro Member

Moderator

Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes

9y

Your applied nickname for agent B is already enough info to walk from him. No contract in place with him, no m Rao, legal or ethical issues here. He is slow, lazy and if hat is how he runs his business, you certainly don't want him managing your properties either.

Find another, go direct to list agent, or pick another area.

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Brian Garlington

OP

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

9y

@Russell Brazil Ohio

@Michael Plante It's out of State so a little hard to knock on the owner's door. They're in Ohio and I flew in from California. Interesting thought though.

@Dana Whicker

@Christine Kankowski

@Sandra B.

@Amy H. Thanks for your input. We will see what happens. If I don't have a contract and an explanation emailed to me by the time I get to the office at 7:30am tommorow then the chips will end up where they fall. The good news is that I have another agent and company "vetted" so if something oes sideways with the first property I know who to reach out to.

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Fred Heller

Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes

9y

Four days to write up the offer is ridiculous unless the guy was hit by a bus on his way home to write up the offer. I would have it ready for your signature within a couple of hours after I get home.

I sometimes have the opposite problem: the client doesn't have a sense of urgency. I'll see a property that I think would be a good fit, and then they'll analyze it to death. When they get back with me two weeks later to put in an offer, well, too late. It's under contract.

I get so wound up about it because my experience is that no matter how long a property has been sitting there with no offers, the minute I start sniffing around is when four offers will come in back-to-back.

2 Reply

Brian Garlington

OP

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

9y

@Fred Heller

Perhaps it's a slower pace in Ohio where this all happened? I'm trying to give them the benefit of the doubt.....until tommorow morning

0 Reply

Sara K.

Investor · Winter Garden, FL · Member since 2017 · 86 posts · 74 votes

9y

At this point, even if he did send over the offers today, would you really want to keep working with such an inefficient agent? I would have already found another agent (at a different company) to send the contracts.

You could have already lost your chance to purchase one or more of these properties within the past few days.

1 Reply

Harrison Smith

Real Estate Agent · Biddeford, ME · Member since 2017 · 213 posts · 150 votes

9y

@Brian Garlington Unfortunately, too many agents operate like this and are too busy working on things that don't matter to get the things that do matter done.

One of the keys for me as an agent, is agreeing on the expectation. When I am asked by a client to do anything (write an offer, meet, go on a showing) I always provide them a timeframe that I can get that done and we agree on whether or not that works. I can adjust right then and there if needed. I really appreciate when a client tells me their timeframe/expectation upfront, that way I know what they need and can be sure to meet their expectations. As the client, you absolutely have the right and should set the expectation and timeframe. You are the one in control of the relationship.

One word of advice, I would be careful going directly to the listing agent with an offer now. Where "Slowski" showed you the property, that may be enough to constitute agency and they would still be due the commission. It might be good to consult another agent (preferably one that gets referred to you) on whether or not you can still do this.

A relationship with an agent is all about fit, whether that be communication style, personality, ability, etc. Make sure you are clear with the agent and if they can't meet the expectation, then prepare to move on. Good luck on your search, I hope you find an agent that works for you.

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Will BarnardPro Member

Moderator

Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes

9y

Originally posted by @Brian Garlington:

@Fred Heller

Perhaps it's a slower pace in Ohio where this all happened? I'm trying to give them the benefit of the doubt.....until tommorow morning

That is too generous of a benefit of the doubt and likely a mistake. No excuse for such a delay, especially when the buyer (you) showed effort and ability be flying in and viewing properties in person.

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Brian Garlington

OP

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

9y

@Sara K.

@Harrison Smith

Thanks so much for your input. Late last night they emailed the contracts over to me. As an aside there is no way I would go to the listing agent directly and have them represent me as the buyer so no worries there.

Based on the feedback I've been getting as well as my "gut feeling" I will have Company B represent me for the first transaction and see how things go. Company A will certainly get a phone call from me when it comes to one of the other properties I saw though.

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Will BarnardPro Member

Moderator

Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes

9y

Originally posted by @Harrison Smith:

@Brian Garlington

One word of advice, I would be careful going directly to the listing agent with an offer now. Where "Slowski" showed you the property, that may be enough to constitute agency and they would still be due the commission. It might be good to consult another agent (preferably one that gets referred to you) on whether or not you can still do this.

While I would tend to agree with this in most cases, in this case, so long as you send a written letter to the agent/broker explaining the timelines that occurred and that you no longer wish to work with them due to their failure to perform and that you will be finding another agent to work with who is more receptive to your timelines, then I think you are fine going direct to the list agent. Let the slowski try and collect the fees, he would have a tough time getting them and as the buyer, you are not paying the fees, the seller is so the one at risk is the list agent and I would let him/her know that upfront explaining the situation and he/she can make the decision.

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1 Reply

Joe SplitrockPro Member

Moderator

Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes

9y

@Brian Garlington I have written many offers over the years and every single one was sent the same day. It has gotten even easier over the years, since everything is signed digitally now. With the real estate market being hot, you can't afford to wait days to make your offer.

Tell the agent that you need the offer sent by 5PM today and if they are too busy to work with you, no hard feelings, you will find another agent.

There could be a variety of reasons why they are responding slowly, but the reason doesn't matter. You need them to perform or move on.

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Brian Garlington

OP

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

9y

@Will Barnard Thanks for your input regarding timeline and not assuming to much. Also, there is no way I would go to the listing agent directly and have them represent me as the buyer......in this case the best option would be to simply find a different buyers agent at another company as well as find a different property management company.

1 Reply

Ben Higginbotham

Investor · Spring, TX · Member since 2016 · 23 posts · 14 votes

9y

@Brian Garlington I think you might be missreading your gut. So far you say that before looking at property's you felt that slowski was not working the way you like and tried to change agents to someone that is working under the office manager (If I worked for a somewhat incompetent office manager that did not want clients taken from him I would probably just tell you to cc me on emails so I could keep an eye on him with out offending him.) Next you tried to write an offer and slowski was so slow that you felt the need to ask about it on the internet which means that you really knew the answer already. Now you are contemplating timing yourself to this guy for 30 to 60 days until closing, just think about how much aggravation you will have during that time. I have dealt with realtors that where not on my wave length and it is not fun.

1 Reply

Dylan VargasPro Member

Rental Property Investor · Chico, CA · Member since 2016 · 625 posts · 336 votes

9y

@Brian Garlington @Ben Higginbotham Agree with Ben. Also, get away from these agents. They are losers that don't value your business plain and simple. How the heck do you not have homes ready for a client flying across the country (unless you pulled a last minute on them)? Curb offer? Good luck with that. There are agents on here (BP) that you can contact I would think.

@Christine Kankowski...if you don't like the persons offer tell them to find another agent. Don't waste peoples time with poor performance. I have lost 2 deals because an agent thought I was making too low an offer. The multi family deal I lost went for 25k lower than what I was offering. Your time is valuable and I get that but tell people to move on if you "don't give them your immediate attention".

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Brian Garlington

OP

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

9y

@Dylan Vargas @Ben Higginbotham Thanks for your input gentleman. Much appreciated.

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Mindy JensenPro Member

BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes

9y

@Brian Garlington , I'm an agent who doesn't write up a ton of offers, meaning I'm not intimately familiar with the software. However, I can still whip up an offer within an hour. This is unacceptable, and if you have not yet signed this offer, I'd strongly consider not signing at all.

I would not use this agent, but if you've already signed, then I would be on his back every single day. Write down the contract deadlines in your own calendar and make sure you follow them. This is absurd behavior on his part.

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1 Reply

Andrew Johnson

Real Estate Investor · Encinitas, CA · Member since 2016 · 3k+ posts · 3k+ votes

9y

@Brian Garlington It's one odd story, that's for sure. Whenever I've dealt with agents they are always lightening quick with the offer paperwork. It might take time to get information about the property, schedule a showing, get into the home/unit, etc. but once it's offer time that dang DocuSign/EchoSign/FormSimplicity is always in my inbox within a couple of hours. And it's followed-up with a call or text for the agent saying "It should be in your inbox". In short, it's the LAST place where the process slows down. Maybe your agent is lazy, maybe the agent is busy, there could be a ton of reasons but I'd, frankly, call the listing agent. Ask if they have heard from Slowski just to put it out there.

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Irina Belkofer

Real Estate Broker · Cleveland, OH · Member since 2017 · 719 posts · 658 votes

9y

@Brian Garlington there is nothing slower in Ohio than at any other state.

You've got not so lucky to contact an office manager - they must be licensed but they don't have time to work with clients.

However, in your case, to make an offer for this particulate house, you have to stick with that Slowski(?). He/she has procuring cause and any other agent won't be entitled to commission (unless you feel like paying to your agent to buy a house)

You have to send to Slowsky email, explaining in details the break in chain of communication, that you're not tolerating delay in your business for so many days - since Saturday and you let him/her know that you WILL get another selling agent to serve you. Keep thi for your record in case you have to meet in court.

Do not answer phone calls - only in writing. Warn the next agent about situation so he/she I ready. Proceed with your offer ASAP.

Depending on the property, however, if it's still available since Saturday- I'd analyze your numbers. Good properties go fast - within hours. There are plenty investors with cash low balling all the time - think twice about that property

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Brian Garlington

OP

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

9y

@Irina Belkofer @Mindy Jensen

Thank you all for your input on this. It looks like around 7pm my time (10pm his time) last night he got everything over to me. I've since signed it and he says he will email it over to the selling agent today.

@Andrew Johnson I hear you on the aspect of calling the listing agent and asking if he's heard of or from "Slowski". Maybe I'm missing something but wouldn't that be a clear signal to the listing agent that as the potential buyer I am trying to go around my own agent or worse, "anxious" to see if things are happening.....which in turn could hurt my position because it makes it appear that I really want the property?

1 Reply

Anthony Mott

Lender · Bellaire, TX · Member since 2017 · 9 posts · 2 votes

9y

The agent actually has a fiduciary duty to write the offer up as soon as possible. This can very frequently have legal implications stemming from : fines, suspension, criminal charges, etc.

You could and should immediately fire the realtor in this situation, however, there are details within your story that allow your questions too only be answered in theory. While I am not saying that this is the case, one thing that is worth considering is the State that you mentioned. While I have never been an Agent in any State, I have sold hundreds of properties and am fairly familiar with Ohio's laws and procedures. All agents are subject to the duties within the Fair Housing Act(Federal Legislation)but Ohio passed additional criteria regarding specific criteria intended to avoid discrimination. While I am not accusing your agent of doing this nor would I think it is why it took so long for an offer to get a seller( FYI, while I don't know of any specific analysis, I would guess that 80% or more of Agents violate it unintentionally.)

Again, I don't think this was the reason for your predicament, I would likely chalk it up to someone who is inexperienced or more of an AINO( job requires license " Agent In Name Only") depending on the compensation level of the agent as an office manager, they might not be as interested as your typical agent.

You are absolutely able to fire an agent at anytime if they aren't meeting normal industry standards. 4 days is terrible. I don't usually use an agent but last week I was involved in a transaction where I bought a business and the land separately in order to maximize the tax benefits through the acquisition. I had already made the offer and then to save time I called an Agent and said I need a CREPC sent to ABC in the next hour, can you do this? If so, I agree to X% on the commission... It was sent to me within 30 minutes. This was the Broker for the entire Agency.

Main Point- It's admirable that you are keeping your commitment because of ethics. Please understand that you have no ethical requirement to continue working with this agent, regardless of the status Monday. It's completely inaccurate to feel like you can't fire an agent for not meeting 'their duty" to you as a client, it is beyond inaccurate/irresponsible to tell you that you have established a contracted relationship. In order for a contract to be considered valid in Ohio,( verbal or written) 3 things must happen:

1)OFFER

2)ACCEPTANCE

3) CONSIDERATION.

I think # 1 was met by you. #2- if your terms have not been presented to the seller then even a signed contract would not be considered Accepted- it could be 3 weeks or 3 hours and you have the Absolute right to revoke this if you don't want to use their services. #3 Consideration- Not a chance. you could easily call up any attorney in Ohio and ask if their opinion, I would be in shock if you weren't told that you could revoke the offer immediately. I would be wary of waiting to see... What about your past experience with this agent gives you the confidence that he will meet your expectations moving forward.

Goodluck

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Is my potential agent taking to long to write an offer?

Is my potential agent taking to long to write an offer?

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