Offer not shown to seller

[nsmaby]

What is the name of your state?What is the name of your state? California, Santa Clara County

Hello,

We put an offer in on a house (the only offer for the home at the time) and the listing agent representing the seller (who is remote and lives in Los Angeles) agreed to a 24 hour response time on the offer.

When the 24 hours expired, our agent (representing us - the buyers), called the listing agent, who told her that he had yet to fax or send the offer to the seller. We verbally agreed to 30 more hours before a response, and still have heard nothing (this has also now passed).

Do we have any legal recourse against the listing agent (for not getting the offer contract to the seller within the valid period for the offer?). I suppose the seller might have some recourse against their own agent?

I think we are getting strung along here, and the listing agent is just waiting for other offers to come in - can we force him somehow to show the offer to the seller?

Thanks,

Niels

 

[seniorjudge]

If you feel a real estate agent has violated the ethics rules, you should file a complaint with the state board of real estate agents.

 

[momRN]

What is the name of your state?What is the name of your state? California, Santa Clara County

Hello,

We put an offer in on a house (the only offer for the home at the time) and the listing agent representing the seller (who is remote and lives in Los Angeles) agreed to a 24 hour response time on the offer.

When the 24 hours expired, our agent (representing us - the buyers), called the listing agent, who told her that he had yet to fax or send the offer to the seller. We verbally agreed to 30 more hours before a response, and still have heard nothing (this has also now passed).

Do we have any legal recourse against the listing agent (for not getting the offer contract to the seller within the valid period for the offer?). I suppose the seller might have some recourse against their own agent?

I think we are getting strung along here, and the listing agent is just waiting for other offers to come in - can we force him somehow to show the offer to the seller?

Thanks,

Niels

I am a licensed CA agent, and here is what I would do. Have your realtor call the seller to make an appointment with them to give them the offer. Then call the listing agent and fax them a written notice that this is what is going to happen and advice he/she to be there if they so desire.
Also, call the Santa Clara Board of Realtors and file an ethics complaint.

 

[clueless55]

Cannot the buyers agent contact the seller of the property directly if the Seller's agent is unwilling to contact and deliver the contract?

 

[nsmaby]

Our agent claimed she could lose her license

I proposed to our agent that she could contact the seller directly and she said she could lose her license if she did that? Is that correct?

Would it be better for me or our agent to file an ethics complaint?

Thanks for your help,

Niels

 

[BradleyS]

In addition to the above, call the Real Estate Commission in Sacramento and file a written complaint. They have the power to suspend, fine, and terminate a licensee.

So, make a written complaint to both.....

 

[Bigfoot]

Your real estate agent's broker-in-charge should contact the principal broker or broker-in-charge of the listing agent. This protects your agent.

There is no guarantee that your agent can contact the seller directly, especially if this person is in a 'remote' location as you say, whereas the broker-in-charge has more resources to assist.

The broker-in-charge also should be the one to determine if an ethics charge should be filed. There should be no assumption that the listing agent is a Realtor, the professional designation of members of the National or local Association of Realtors, which is not the state licensing commission.

 

[seniorjudge]

Q: I proposed to our agent that she could contact the seller directly and she said she could lose her license if she did that? Is that correct?

A: Yes.


Q: Would it be better for me or our agent to file an ethics complaint?

A: Both.

 

[HomeGuru]

I am a licensed CA agent, and here is what I would do. Have your realtor call the seller to make an appointment with them to give them the offer. Then call the listing agent and fax them a written notice that this is what is going to happen and advice he/she to be there if they so desire.


**A: incorrect and unethical.........

 

[nsmaby]

Offer Not Shown Update

The selling agent finally got our offer to "the seller's brother" who is a real estate agent in So. Cal. Summary of what has transpired:

We submit our offer on Wed 11am - ask for reply by Thurs 11am. Offer gets to the "seller's brother" by Friday evening. Response promised by noon Saturday, then evening Sunday. Yet still no response. Contract is expired, so we now have submitted a new one that will expire Monday at 11pm.

In other's judgement - has there been an ethics violation? We really would like to get the property, so have not played hardball yet (no threats of ethics complaints). Would threatening an ethics complaint against the listing agent do us any good at this point? The listing agent is blaming everyone but himself - he even said "this is the seller's first home sale - so he doesn't really know what he is doing". Uh, isn't that the listing agents job - to guide a new seller through the process?

Would it be unethical for me (the buyer) to contact the seller directly - just to ask if they have, indeed, received our offer?

Frustrated but still hopeful,

Niels

 

[nsmaby]

Addendum

I forgot to reply to Bigfoot:

Unfortunately, the listing agent is the Broker-In-Charge - sheesh.

 

[HomeGuru]

I forgot to reply to Bigfoot:

Unfortunately, the listing agent is the Broker-In-Charge - sheesh.

**A: then go one up to the principal broker and company owner.

 

[BradleyS]

Have your RE Agent contact the "Supervising Broker" as well as the "Owner" of the RE Company.

I am a supervising broker and if I receive a call from another RE Agent informing me that one of my RE Agents are not presenting "OFFERS" to the Seller..........my RE Agent would get a "wake up" call from me.......and if I found out that they did it again............Termination.

I am sure CA has statutes (laws) about presenting any or all "OFFERS."

Our statute reads:

K.S.A. 58-30,106(1a)
Presenting in a timely manner all offers to and from the client, when such offer is received prior to a closing of the sale unless the seller instructs the broker in the agency agreement not to submit offers after an offer has been accepted by the Seller.

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I would guess you have something similar.......