Buyer vs Realtor

What is the name of your state?California

Hi All,

I'm trying to buy a home in California and the seller?s agent is being very difficult.

The case is a little complex but I think is of interest:

While listing the property in the MLS and in the flyer, the selling agent didn't mention a specific date for the offers to be submitted. Nevertheless, the selling agent communicated orally to my agent that offers would only be taken on the 8th of September.
According the Broker of my real estate agent, since this information was not put in writing anywhere (MLS or flyer), we have the right to submit an offer anytime and request the selling agent to present that offer to the seller and respond to us within 48h.

That?s how we proceeded. The selling agent did call us back within 48h to say that she has in her possession a letter from the seller stating that she could only have offers taken on 09/08/04. When requested to disclose that letter, the selling agent refused to do so, saying that she would need to ask permission to the seller to disclose the letter.

In any event, if the selling agent does have this letter, isn?t she supposed to disclose it to the buyers immediately? Is her attitude correct?
Is it possible that the selling agent is also representing another prospective buyer? And in this case, what should we do to protect our rights?

Hope to hear from you soon.
Many thanks.

[Ummonx]

well yes, she does have to submit your offer. however if the seller realtor has stated that the bids have to be in by the 8th, chances are they will accept a bid by that time. hence if you submit a bid after that they may already have an accepted offer

No one is obliged to sell to you. I don't think you have any "rights"

[HomeGuru]

Originally Posted by jeanseb3

What is the name of your state?California

Hi All,

I'm trying to buy a home in California and the seller?s agent is being very difficult.

The case is a little complex but I think is of interest:

While listing the property in the MLS and in the flyer, the selling agent didn't mention a specific date for the offers to be submitted. Nevertheless, the selling agent communicated orally to my agent that offers would only be taken on the 8th of September.
According the Broker of my real estate agent, since this information was not put in writing anywhere (MLS or flyer), we have the right to submit an offer anytime and request the selling agent to present that offer to the seller and respond to us within 48h.

**A: your broker is paritially correct. First, your agent was communicated the offer instructions. Next, even if your agent submitted offers prior to the Sept 8 date, the Seller only had to reject them and write in resubmit on Sept 8.
********
That?s how we proceeded. The selling agent did call us back within 48h to say that she has in her possession a letter from the seller stating that she could only have offers taken on 09/08/04. When requested to disclose that letter, the selling agent refused to do so, saying that she would need to ask permission to the seller to disclose the letter.

In any event, if the selling agent does have this letter, isn?t she supposed to disclose it to the buyers immediately?


**A: no. All that needed to be disclosed was the offer instructions and not the fact that there was a letter.

******
Is her attitude correct?

**A: yes and no.
*****

Is it possible that the selling agent is also representing another prospective buyer?

**A: yes, anything is possible.
******
And in this case, what should we do to protect our rights?

**A: what rights? You did not follow offer instructions and that's what happened.
*******

Hope to hear from you soon.
Many thanks.

**A: you're welcome.