Could I go around a realtor to buy a property?

[Mike Schorah]

Just drove by a pre-foreclosure that’s also an inherited property (double whammy). Spoke to the executor of the will. It has mold issues, roof issues… huge rehab. She said she would accept the first offer I gave her (so we agree on price).

She has a realtor, though. She wants a quick sale, sold in less than a week.

I hear that every listing somebody enters into, they’re pretty much unenforceable. Especially if they haven’t performed.

Could we go around the realtor to get this property sold?

[Joe S.]

Quote from @Jerryll Noorden:

Quote from @Mike Schorah:

Quote from @Jay Hinrichs:

Quote from @Mike Schorah:

Just drove by a pre-foreclosure that’s also an inherited property (double whammy). Spoke to the executor of the will. It has mold issues, roof issues… huge rehab. She said she would accept the first offer I gave her (so we agree on price).

She has a realtor, though. She wants a quick sale, sold in less than a week.

I hear that every listing somebody enters into, they’re pretty much unenforceable. Especially if they haven’t performed.

Could we go around the realtor to get this property sold?

if she has a legit listing agreement the seller can sell but they will still owe the realtor her/him full commission and whose to say they did no perform.. you should have called the agent and made your offer.. then the agent is performing not trying to go behind their back and cut them out.. thats bush league frankly.

 But the offer that she said she would accept is $130k below market value.

Sounds like a question for @jerryllnoorden

 Hey man,

We actually run into this all the time.

Literally 100% of the time (no kidding), every single time a motivated seller reaches out to us, asking for an offer from us, and the property is listed we tell them: " Hey sorry, we don't make offers on listed properties", and every single time their answer is,  "no no, it is OK, we can cancel the contract with our agent any time. The agent is OK with it".

Of course, I can't promise this is the same case, but you can simply ask the seller if the agent is OK with cancelling the 

 So basically what Jerryll is saying and what I have told Seller as well.

“Look Mr./ Mrs. seller your property is listed. Let me know when your listing is canceled/ or expires.”

I have had sellers cancel listings before. I’m not sure what the sellers tell the agent or how hard it was to make the agent go away, but the agent and seller canceled the listing and that was that.

Now concerning your exact situation. I’m not sure what the best move is especially if you do not plan on closing on it personally. If the people are in pre-foreclosure and you get them to cancel their listing, and then you do not close, that is not a good thing. when I let sellers know that they have to have a canceled listing for me to buy their property. I am the one that actually buys the property not someone that tries to find and an end Buyer. (So I am not giving you counsel to try to get the seller to cancel their agreement.)

[Minna Reid]

Listing agreements are very much enforceable. 

Just make your offer with the agent.