Q: I went in with a full price offer because the $20,000 off my original offer was not worth it to me with a supposed 2nd offer on the table. I put in my offer that I was offering full price until 7 pm, then the offer was null and void. This was to protect me from them waiting for the 2nd offer. I thought this would?ve been a done deal. The sellers agent came back with 2 things. 1. she didn?t trust my broker and wanted me to use hers 2. She wanted me to add this clause on a separate piece of paper ?Buyer or seller can agree to terminate this agreement or renegotiate an adjusted sales price? I came back with 1. I?m using my broker 2. I am 100% not putting that clause in the contract or on a separate piece of paper. She kept pushing. By this point it was after 7 pm. She pushed so much I had my realtor tell her ?accept the offer as is, or they are putting an offer on another house tomorrow.? I felt as if they wanted a bidding war or thought they should?ve listed the property higher? Not sure. My lawyer said they wanted an out. I thought it was unethical.
?Chris, Manchester, CT
A: First of all the seller?s agent violated a slew of ethics rules by talking directly with you and not through your agent and not respecting the buyer/agent relationship. Secondly, the clause you mentioned is wonky and definitely a way out for the seller if they can get a higher offer. She also violated her contractual obligation to submit your offer as is. Agents are require, in almost all cases unless documented in writing by the seller, to ?Present All Offers?. It sounds to me like she was negotiating on behalf of the seller without speaking with them first. First i?d let your agent know that she is trying to take your business away from you, second they?re not negotiating in good faith. If you are able to find another home that fit?s your needs, then I would just move on to another home. You have the right to file an ethics complaint against the sellers agent. Contact the local board of REALTORS to find out how. At least it might make her life a little more miserable.
Lou Sansevero is a Realtor? with Atchley International Realty in Lakewood Ranch, FL.
A: I am an agent in San Diego but this situation sounds very shady to me. It is obvious the listing agent wants more money. In Cal. what she is doing is illegal. You can play her game if you really want the property or move on and find another. Sometimes you have to play the game to get the desired property. It is a shame,, but true!
Hedy Goldman is a Realtor? with Windermere Real Estate So Cal in Solana Beach, CA.
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