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My girlfriend and I are in the market to purchase our first house. Our agent his her step father, We have found a house we loved and he got all of the paper work for us to make an offer witch he sent right over to the listing agent. After 2 days she said our offer was close to another offer made just before us and they were being reviewed. So we really liked the house so we decided to amend our offer for 15K more then the first. After 2 weeks of our realtor calling her we she told him that she hasn't submitted our offer that it would be used for a back up offer. Is this illegal for her not submit on offer. She is now saying the other offer just finished with attorney review. So our realtor and his manager said it is illegal for her to do that and they drafted a letter demanding our offer be submitted. Is ther anything I can do. I was told to go after her and she will loose her license. any help would be great and thank you in advance. I live in NJ
On face value it sounds as if the licensee in question is acting badly. If she is acting under her own volition, then everything you stated is damning. If she is acting under the seller's instructions then while frustrating, she is doing her job.
Last edited by FLBob; 08-31-2008 at 05:02 AM..
Reason: typo
I don't know how it works when in an attorney review state, but I *think* she should have submitted the 2nd offer. I *think* in an attorney review state, the contract is not ratified until the attorney approves it. If your offer was better than the one they sent to the attorney, the attorney could have nixed the first and accepted the 2nd. Unless, as FLBob said, if the owner gave directions in writing to only deal with one offer at a time, then she is correct in how she handled it. Otherwise, she hasn't acted in her sellers best interests. But, again, I'm not in an attorney review state. Follow your Realtor® advice.
I forgot to mention the house is bank owned and I think she is friends with the people who made the other offer, She told us that another realtors niece was makeing the other offer.
I agree with Palm on this. Maybe the seller knew the buyers and specifically wanted to sell to them so they said they didn't want to see the offer. I don't know.
Typically though it is illegal to not present an offer.
I forgot to mention the house is bank owned and I think she is friends with the people who made the other offer, She told us that another realtors niece was makeing the other offer.
If what you are relaying here is accurate, I think both you and the bank have reason to complain. I've never experienced a licensed real estate sales person being sooo stupid but I'm sure it could happen.
I agree with FLBob, on the very LEAST she is not fulfilling her ordinary obligations to her client. In Idaho we do not have an attorney review requirement, but it is stated very clear (in many places on the contract and our agency disclosure document that we need to present at first primary contact with a prospective client). If her client has not specified to her to only present one offer at a time, then she is not only subject to potential repercussions by you, but also by the bank who is her client, and I'm sure her broker would not be happy with her conduct as she is acting on their behalf and she is opening them up for problems (at least that is what would happen in our state). Also in our state we need to disclose if we have a relationship with our client, be it a seller or buyer, if she has a familial relationship with this potential buyer, and is acting in this manner for their benefit without specific instructions from her client...WOW so much stupidity on so many levels.
The bank doesn't give instructions to not present other offers. File a complaint.
Actually, that's not true. There are banks that will work with only one offer at a time..if they have accepted one, they don't want others. There are some systems that are in place (via computuer) that will work on a first come first serve basis, they reject the first offer but counter it and wait for a response even if there are other offers in the system. It really depends.
At face value it would appear the agent wanted this other buyer to have the house but that's not necessarily a fact.
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