Realtors holding offers 2 increase price or double commissions

Realtors holding offers 2 increase price or double commissions

Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
This post is for investors. Realtors might not seem to care and might think its ethical but I hate when Realtors or Brokers do this. So here's how you can over come it. You might seem to come across a property you like. You place your bid and you just don't hear anything. Time goes on then all of a sudden the listing realtor contacts your realtor and says the have your offer or what ever bs excuse they used to delay contacting you. Oh and guess what. Now your in a multiple bidding situation. SURPRISE! Just great. Your guaranteed to over pay. And in Cleveland if your in a multiple bidding situation with a out of town investors for sure pull out. Because they are going to rape that out of town investor and tax the hell out of him. Me I personally pull out. But here's one thing that I do that isn't a big deal but helps with the crooked realtor. I put a 48hr expiration date on the purchase agreement. Try to make it a common practice. Some times I forget and then I take the ride but then pull because I don't like games. Not a real big deal but it puts fire on under the Realitors tail to present the offer to the seller right away. Hope this is helpful. Good luck investing
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
8y

Had to laugh that you think it is unethical. When Im hired by someone to sell their house, they hire me to sell their house for the most money. Thats the job Ive been hired to do. When I hire someone to sell my properties in other states, thats what I expect them to do, get me the highest price. I cant even wrap my head around how someone would think it is unethical to do the job you were hired to do, sell real estate at the highest price and at the best terms.

Also for what its worth, when I or other top agents see expiration dates, we ignore them. A better offer is going to be available. I list properties on Wednesdays and have offers due the following Tuesday. Under contract by the following Wednesday 1 week after listing.

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  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    8y

    Our area often have a reviewing all offer time often is mid following week. Some one wants to beat a cloud with a 24 hour expiration deadline thinking he can beat the crowd. Read the instructions.  The expired offer will not have an edge. These days there is a no preemptive offers to be honored instruction clause. You follow the instruction seller prefers. Being creative offers will be tossed out.


  • Phillip DixonPro Member
    Residential Real Estate Broker · Chicago, IL · Member since 2017 · 4 posts · 3 votes
    8y

    @James Wise That's exactly what I tell my buyers. In a hot market and a hot property 48 hour expirations/threats almost always backfire. If you want them to really work you have to make the offer more enticing prior to expiration. For instance, non-refundable earnest in the event of a bad inspection.  Once that period expires your offer will no longer include the guaranteed earnest.

    It's 2018 everyone is sensitive to being threatened. What if you seller is the opposite sex? Your 4 hour or 24 hour expiration may come across as bullying or even a threat. Listing agents laugh at these empty threats, because after all, it's you that wants the property more than the seller. 

  • Rental Property Investor · Hendersonville, NC · Member since 2016 · 446 posts · 412 votes
    8y
    @Frank Wolter. Out of curiosity does anyone ever attempt to contact the seller directly if they feel they are in these situations? I’ve on occasion just called the seller if I could find a contact number and verify they know who I am and my interest in their property. I haven’t been in this exact situation but I have been in situations with very poor communication between realtors. Sometimes it seems to have been helpful. I know of people who have done this after submitting offers to find the seller never received the offer from the realtor.
  • Ofallon, MO · Member since 2018 · 21 posts · 6 votes
    8y

    Certainly, I would want my realtor to get me the highest price for my property. However, I do agree that having a realtor make up lame excuses and lie about if an offer was received or state there is a bidding war when there is not just in to drive up prices is completely unethical. If you are selling a property and want $300k for it, list the house for $300k and let the market respond. If you get an organic bidding war, fantastic! If you get 20 offers below asking and that's it...re-evaluate your price. Honestly, I've never come across a realtor who was 100% in the game for the client. Agents are thinking about their bottom line just as much as an investor, homeowner, home buyer is thinking about their own bottom line.  Further, I fall in line with many other respondents to this post in that I place an expiration on the contract. I don't care if the agent "ignores" the expiration, that's a situation they'll have to take up with their client if no other better offer comes in and I was sitting in the top position. If my offer expires and then I get a call from the agent saying my expired offer was accepted by the seller, I re-evaluate the deal and rarely go back with the same offer. Why? Because it sends up a red flag that perhaps I missed something and I need to look closer at the numbers/etc. This practice of mine in these particular situations has resulted in more purchases than loses. Heck, I've had sellers come back after expiration saying "yes" and when I say "no thanks" to the original offer they start walking back their price trying to find a way to get me on board. 

        Unfortunately, it can become a cat and mouse game when it doesn't need to be one. And, it can absolutely bite the seller and/or agent in the butt if buyers start calling the bluff or balking at the practice. 

  • Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
    8y
    @Ryan Howell I actually have done that before. Mostly when lending was hard about 5yrs ago. When owner financing was the thing. But I have had alot of offers out at one time so it was a little too much to handle. But I do think you have a good point.
  • Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
    8y
    @Brian Ellis the funny part is if you do enough deals in your area you know what realitor is full of it. Even realtors know who's a pos and who's good. I have heard of a broker in Cleveland that Realitors are starting to black ball his listings. I have tried to see his properties and if you have a realtor already he doesn't want to show his listings. He wants that full commission.
  • Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
    8y
    @Ryan Swan I like that idea. The confirmation of that it was received. Maybe take it a step further and ask for a confirmation of seller recieved. They may twist it in a bind saying they ment that the Realitor received it not the seller at that point. So spelling it out more might help
  • Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
    8y
    @Bradford Clark much appreciated
  • Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
    8y
    @Jason Rice I'm sure you know the saying. If you tell the truth usually its going to upset someone.
  • Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes
    8y
    I'm happy using my 48hr expiration time frame. I've seen more bad from reaitors holding my offer than the a loss as your example. I weighted both advantages and disadvantages of the experation offer. I came to the conclusion that it has been more beneficial to do it that way and doesn't allow the Realitor to use my bid to start a multiple bid situation.
  • Real Estate Agent · Philadelphia, PA · Member since 2013 · 451 posts · 369 votes
    8y

    Maybe it's just the Philly area or the way the PA standard agreement of sale is designed, but I can't say I've ever even seen an offer without an expiration date. Typically it's 1-2 days if its a cash offer, 2-3 days if its a mortgaged offer ... with very little variation.

    As for agent's being unethical ... this is sales, there's always going to be a certain number of ethically flexible individuals. I believe that the figure is around 85-90% of ethics violations come from dual agency transactions, which makes complete sense, since in that scenario, the agent's interests are not properly aligned with their client(s). I believe the industry would have a much better image if it were to forbid dual agency completely.

  • Real Estate Broker · Hugo, MN · Member since 2016 · 688 posts · 596 votes
    8y

    I think a flaw in this thinking that the Realtors are holding offers in order to get a higher commission.  Really? if I was concerned about the price increasing by 10k so I could get a couple hundred dollars more that would make me a real estate hobbyist (I understand that there are plenty of them).  We deal with multiple sales a month and a couple hundred dollars doesn't make much difference to the bottom line.  The thing that does make a difference is losing a buyer or seller by not representing and protecting them to our best ability.  This is a business, and one and done customers are not sustainable.  We manage and assist our investors in self-management and having a relationship after the sale is very important.   

    There are all kinds of games and maneuvering being done to get the best prices, this is a reason to hire a Realtor.  Do you think that this would not occur with seasoned investors buying and selling themselves if Realtors were not involved?  

    I will agree with the points about dual agency, I wish it was not legal, but I am sure the unscrupulous agents would work other ways around it to profit.   It takes a very moral Realtor AND two parties that of equal experience in buying and selling for dual agency to be fair.  Very often we are there to protect a new investor from a more seasoned agent or investor.

  • Investor / Broker · Brooklyn, NY · Member since 2016 · 665 posts · 1k+ votes
    8y

    Seems like the procedure is different in NYC than it is in other places from the comments on this thread.

    In NYC, all written and verbal Offers are NON-BINDING.

    All it does is determines whether or not there is a meeting of the minds in terms of price and some contingencies, but without an executed Contract of Sale, the offer itself is non-binding. In fact, I personally have never seen an Offer where a Buyer put a significant amount of money down (it's either nothing or $1), so there is nothing to lose!

    Furthermore, the Statue of Frauds needs everything in writing and signed by both parties, making the star of the show to be the Contract of Sale.

    I can make 20 different offers at the same time, letting the Listing Agents know that I am submitting multiple bids. That should really put fire under their toes. I don't really put an expiration date. I don't think it would really help since NYC is pretty much ALWAYS a hot market.

    If a Seller is REALLY interested in moving forward, then I send off a deal sheet to the listing Agent and tell them if my Attorney doesn't get a Contract sent to him within a short period of time, I am more likely to to go into Contract with another deal.

    I have to say that the last deal was the funniest. I submitted an offer to purchase a property which was originally listed at $1.75 Million. My offer was $1.55 Million, all cash.

    The Listing Agent said he had a deal for a very similar offer, no finance contingency. 

    I re-submitted my offer for $1.5 Million, $50k below, sent in a Deal Sheet for that price, and called his bluff.

    The Contract was sent to my Attorney last week for $1.5 Million.

    I don't have time for games.

    Maybe this only works in NY since Offers are non-binding.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    8y

    My job as the agent is to "take the hit" for my client as well. So when I bring an offer and they say "Lets wait to see what the open house brings"

    I say "You really should respond on this one even with a full price counter"

    To which they respond "No just don't say anything until after the Open"

    I am obligated to do just that. 

    Sellers and buyers don't always listen to us

    As far as offer time frames I have done 3 hour ones that worked out perfect (I knew there was another showing in 3 hours and we were full price on day 1 and they were a FSBO). I have also done month long offers. Which pretty much say "I don't think you are going to get anything better than this so go ahead and sit on it for a month and think about it". This of course adds the benefit of the agent having to tell anyone who asks "Yes there is an offer on the table". There are a lot of strategies and finding the right one for the situation takes an understanding of the market and hopefully a few pieces of "insider trading" information.

  • Rental Property Investor · Evansville, IN · Member since 2018 · 23 posts · 15 votes
    8y

    As a new investor I found this thread intriguing and educational. I have a lot to learn and will certainly continue to make contacts at BP. In any part of life someone not responding to an inquiry, or in this case an offer, is frustrating. I particularly liked the comment about receiving a confirmation of acceptance of your offer so that you at least know the process is moving on. For me my job is negotiating all the time for a fortune 500 company so I see strategy all over the REI market and also see the value of finding the right people to surround yourself with to make sure you do things right. I also agree with everyone that said you have to educate your self and some of that means talking to people in the industries you have to deal with until you understand things better your self. Good luck to everyone.

  • Real Estate Agent · Palm Beach Gardens, FL · Member since 2017 · 205 posts · 124 votes
    8y

    I called to view a listing I wanted to offer on and the LA told me it was already under contract. Turns out it was a pocket listing even though they put it on MLS. The agent clearly did not have the sellers best interest. I called on day one of the listing and it was severely under priced for the neighborhood. I would have bid 10 - 15K higher, that is how much it was under priced.

    The seller was in his 90's and out of state...hummm.  My research showed me the LA sold it to a "friend/business associate."  They did not even sell it for list price, it closed at under.  The "friend" buyer completed the reno and of course listed it with the same LA.  I feel bad for the senior they took advantage of.  It happens unfortunately.

    The original list price was around 130K and the new renovated price in the 400's.  Agent was more concerned about getting the relist.

  • Sarasota, FL · Member since 2018 · 15 posts · 2 votes
    8y
    @Frank Wolter thank you, this is a very helpful tip to someone like me who is a first time home buyer, looking for my first house hack.
  • Real Estate Broker · Cleveland, OH · Member since 2017 · 719 posts · 658 votes
    8y

    @Susan K. the agent might be a wholesaler - he didn't have to list unless it's necessary for comps.

    Most likely the buyer was a flipper he sold the contract to, that's why he listed his flip for sale.

    The whole idea of wholesaling is built on this: 70% of ARV - repair costs - wholesalers fee.

    Not necessary they take advantage of the old people - sometimes people are really motivated to sell but don't want any showings and all that hassle with listing.

    Why it's not often traceable? Because most wholeselleers are not agents, but if you check out the history of flips - most has the record of selling 4-5 month prior the updated listing - for very cheap price.

    That's done all the time. If you start direct marketing - you can do it, too

  • Specialist · Toronto, Ontario · Member since 2012 · 2k+ posts · 891 votes
    8y
    Increasing price yes but I dunno about doubling commissions
  • Rental Property Investor · Jersey City, NJ · Member since 2017 · 1 post · 0 votes
    8y

    @Russell Brazil I think a situation like this, while certainly not intrinsically unethical, has the potential to get into a "grey" area when the listing agent ends up with dual-agency on an offer in a hot market.  Of course a listing agent trying to get the seller the most money, but I imagine it's difficult not to think about taking both sides of that trade, particularly when an agent may not be as successful as yourself.  

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    8y
    Originally posted by @Christopher Phillips:

    I think everyone has to realize that sellers look at offers whenever they feel like it.

    THIS!!!  The seller can choose to ignore your offer completely and come back in a month if they'd like. If you want the property, you'll buy it. If you don't, you'll pass.

    But in a seller's market, the seller makes the rules, the timelines, and the decisions.

    (I am both an investor and an agent.)

    As a listing agent, I am a fiduciary. I am OBLIGATED to follow the directions of the seller, so long as we are not violating any rules. (I can't follow their direction to only show the house to women, for example.)

    I am also obligated to present ANY offer received, in a timely manner. I NEVER withhold an offer from my sellers, and I think any agent who does is a fool. But just because I share the offer doesn't mean they have to respond.

    I was selling a house many moons ago, and after a few really low offers, I told the agent to not even tell me about any offer below $210. He kept getting them, but since he had already been directed by me to ignore them, he would respond to each and every one of them, "I have been instructed to not respond to any offer this low." He was also a fiduciary, hired by me to represent my best interests. He didn't say don't present anything below $210, he simply said "this low," conveying my wishes without giving anything away. Some people upped their offer, and some went away, but I was not bothered by any of the people looking to lowball me. 

    You trying to share your experience with people who may not be aware of this is great. Thank you for sharing. But it also sounds like you may need a new agent to represent you, one who is aware that deadlines should be inserted into contracts. 

  • Real Estate Agent · Palm Beach Gardens, FL · Member since 2017 · 205 posts · 124 votes
    8y
    Originally posted by @Irina Belkofer:

    @Susan K. the agent might be a wholesaler - he didn't have to list unless it's necessary for comps.

    Most likely the buyer was a flipper he sold the contract to, that's why he listed his flip for sale.

    We are flippers as well.  This was not a listing for comps only.  Unfortunately I know the agent and the office and they have a history of not representing the sellers best interest by often under pricing in this market.  I've seen it several times.  Basically I was blocked.  Mr. Senior out of state has no idea he lost 15K.  It happens.

  • Member since 2018 · 1k+ posts · 1k+ votes
    8y

    "It takes a very moral Realtor AND two parties that of equal experience in buying and selling for dual agency to be fair. "

    ----------------------

    Dual agency is not and cannot be fair. It is a contradiction in terms. It is only a way for a shill to cover his butt and double dip, to the harm of the seller.

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    8y

    Originally posted by @Susan K.:
    Originally posted by @Irina Belkofer:

    @Susan K. the agent might be a wholesaler - he didn't have to list unless it's necessary for comps.

    Most likely the buyer was a flipper he sold the contract to, that's why he listed his flip for sale.

    It seems to me that you're up against an unethical agent - and it sounds like you have proof of it.

    I would consider filing a formal complaint against that agent with your Board of Registration in Real Estate. 

    That's exactly why the Bord is there in the first place.

    Of course, it could be that the flippers offer was inferior in price but superior in terms - but the Board will sort that out.

  • Rental Property Investor · Jacksonville, FL · Member since 2008 · 784 posts · 528 votes
    8y
    @Frank Wolter why are you buying properties at retail (highest and best) prices? Get out, build better systems to find properties not yet on the market. My wife’s a top Realtor in her company and her city, but I don’t always buy though her. Sometimes deals are best without the use of a Realtor. The sad fact is there are TOO many Realtors now. Too many who think there is easy money to be made. My advice is to find deals without the need of a Realtor.
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