Offer Not Seen By Seller

[poiduke]

What is the name of your state (only U.S. law)? IL
We went and found a house listed for $269, listing agent showed us the prop as our agent couldn't make it that day.Listing agent tells us that an offer was going to be presented to seller that evening,we speak to our agent the following morning and submit an offer that day for $245. We are informed later that day that the offer was turned down.The prop closed yesterday morning for $235. I really think that the listing agent never showed the seller our offer. Is there recourse in finding out if in fact the seller saw our offer,short of asking her ourselves?

[Stevef]

Originally Posted by poiduke

What is the name of your state (only U.S. law)? IL
We went and found a house listed for $269, listing agent showed us the prop as our agent couldn't make it that day.Listing agent tells us that an offer was going to be presented to seller that evening,we speak to our agent the following morning and submit an offer that day for $245. We are informed later that day that the offer was turned down.The prop closed yesterday morning for $235. I really think that the listing agent never showed the seller our offer. Is there recourse in finding out if in fact the seller saw our offer,short of asking her ourselves?

First, the seller is under no obligation to accept the highest offer. A number of things are considered, including financing. If the seller thought the other buyer had a better chance of obtaining financing, that could sway their decision.

You also do not know what the other offer was. It could have been $250 and negotiated down after the home inspection.

It is also possible that the seller accepted the first offer before your offer arrived.

One point I'll make is that your agent possibly may not have been entitled to a commission if the listing agent showed you the house first. That's a battle between agents, and it's possible the listing agent simply avoided the situation by pushing the seller to accept the offer on the table before yours was made.

[poiduke]

Thank you, I agree that those actions may be the case.We really offered a great deal including no inspection. The thing is, isn't there ethics that take place in these transactions. Ethically if the previous offer was accepted before ours was submitted should the selling agent have stated that? If it is an issue of the fee than ethically our agent should have said something to us also?
As always there's more here than an internet thread can indicate.I just have a gut feeling that this lady the seller was taken advantage of and not properly informed of our offer.I know I have no winning action here but that lady lost $10k and that just isn't right.

[JakeB]

The main issue here is that the seller's agent did not owe you any duty to show the seller your offer. The seller may have recourse, but you do not.