Listing Realtor withholding my purchase offer

[turbo060]

What is the name of your state? Michigan
I viewed a property and submitted an offer through my realtor to the listing agent. The listing agent informed us that she already had a verbal offer and not to waste her time and then hung up on my agent. The property is a forclosed property and is owned by the bank. My agent contacted the bank and was able to get in touch with the bank officer in charge of said property and he said that he hadn't accepted any offers on the property. So, we submitted an offer to her office anyway. The property came with an addendum stating the guidelines required by the bank in order to review the offer which we followed. It also stated that no verbal offers would be recognized and do not mean a thing unless signed by the seller. My agent then contacted the bank officer and told him that we had put in an offer and asked him if he had received it. His reply was that he had not and that there were no offers accepted as of this date. The next day my agent called the listing agent to verify receipt of my offer and was told not to pester her about this property and then was hung up on again. no cooperation whatsoever from the listing agent. I believe she is trying to be a dual agent and collect both commissions by trying to push her offer through and withhold mine. But, the bank officer said he hadn't recieved or accepted any offers.
My agent then waited a day and called her back to see if my offer was accepted. she told my agent that my offer was rejected and the bank went with another offer. So. my agent immediately called the bank officer and asked him if he had even received my offer and he stated that he had not received my offer and hadn't accepted any offers at that time. The listing agent outright lied to my agent and said that an offer had already been accepted when indeed no offer has been accepted according to the bank officer. Isn't a realtor bound by law to submit all offers to the seller? can she withhold an offer if it's in her best interest or to her benefit? Well, my agent submitted another offer via fax to her office and she stated that she never received it and that the bank accepted another offer and not to bother her or submit any more offers. She faxed a REJECTED letter to my agent that was written on a plain piece of paper and it didn't have anything else on it. It didn't look as if it had even been looked at by the seller. Can a listing agent reject an offer without the seller seeing it? Well, my agent called the bank officer today and he still hasn't accepted or rejected my offer because he hasn't received it. Nor has he accepted any offer as yet. We contacted her broker and he put us on a three way call and she denied any accusations or abrupt conversations. so we got nowhere. Can I not put any offers on this property if it's still for sale? Isn't this unethical behavior from a Realtor? Is there any recourse I can take? This just seems wrong to be told that another offer has been accepted when it has not. I would really like to purchase this property but I can't seem to get past the listing agent. I feel that if my offer was submitted to the bank it would be accepted but my agent says we have to go through the listing agent. which is obviously impossible to get an offer through her. Do I have any legal recourse? Can I file a complaint to the BBB? should I contact a lawyer? what can I do?

[Bigfoot]

Since the bank knows that you've been trying to submit an offer, it is up to them to find out where it is. Generally banks don't want to own houses, but this may be a new case. Your buyer agent's broker in charge should be attempting to resolve this matter with the listing agent's broker in charge on your behalf.

[danno6925]

Has the thought crossed you mind that maybe your agent is just an ass and delegated the responsibility to fax/email the offer to a subordinate who either blew it off or screwed it up? Just a thought.

Another thing - Get transmission reports confirming the receipt of each one of your faxes or copies of the emails you sent in an attempt to put in your offer. (In my title office, we keep every fax transmission report as proof we sent the fax.) Contact the office of the listing realtor and ask for the agent's supervisor. Ask if this individual has a dedicated fax line. If they do, send each and every page to them along with a letter demanding the listing agent be reprimanded. File a complaint with him/her. You can also file compaints with the BBB. Ask your realtor about the dept. of government that issues licenses. Find their number and inquire as to whom you should pitch your bitch to. Follow up on it, and call the supervisor once a week until you get your offer approved or rejected by the bank.

Problem with the RE industry these days is that it's flooded with greenhorns who either don't understand (or care about) the laws governing their profession.


I am NOT an attorney. I have worked in PA title insurance since 2000.

[turbo060]

She's been in the business for about 22 years and since I've known her (10yrs.) she seems to be very diligent in her work and very detailed when it comes to paperwork, always crossing every T and dottin the i's. Very Professional! I've worked with her on many deals and always a good outcome. She has never dealt with such an unethical Realtor as this either! you know what they say "There's an a**hole in every crowd, and your more than likely to run into them from time to time." My agent has already contacted the listing agent's Broker and is trying to resolve this issue as well. We're trying to gather as much proof as possible. My question is: Do I have any recourse against this realtor regarding unethical practices and/ or unlawful behavior especially if I lose the property which could be detrimental to my financial well being regarding my business. In other words, can I sue this bitch for failure to present an offer to a seller or something like that! I have already begun to file complaints to the Better Business Bureau and the Michigan Association of Realtors. I think she should have her license pulled for such devious and malicious behavior. And her broker as well for allowing it to happen! I also intend to contact a lawyer and check into this matter further. I'm not sure how the bank process goes when they have forclosed property for sale or how much of a relationship the banker has with this agent either. Any other info would be appreciated! Thanks, turbo060

[Zigner]

Originally Posted by turbo060

My question is: Do I have any recourse against this realtor

I guess that would depend on exactly what duty, contractual or otherwise, that the seller's realtor has to you (to point out the obvious, the answer would be "none").

[justalayman]

Yes, the agent is required by law to submit all offers


If the sellers agent is actually a Realtor®, they should definatley ve reported to the Associtation of Realtors. They should also be reported to the Mi Attorneys General office. Their pricipal broker shoulsd also recieve a complaint as well. All correspondance should be in writing. The MI AG office can start a file in response to a phone call though.

Since this selling agent seems to have problems forwarding offers to their client, I would suggest you fax the offer directly to the bank officer in charge. It seems you have no trouble contacting them at this point. The selling agent wouldn't be left out of their portion of the commission due to contractual agreements and the seller would have knowledge of the offer. I would think a little mention of the fact that you had submitted several offers and apparently the bank did not recieve them may cause the bank to take a look at who they engage as a selling broker.

[kNOwtheLAW]

Have you considered the possibility the listing agent may be interested in purchasing the foreclosed property as an investment for herself/himself? If the listing agent withholds all offers and after a period of time makes an offer on the property the bank is likely to accept the offer as the only valid offer. While highly unethical this sometimes occurs within the industry. The listing agent may not be aware of your direct contact with the bank officer. If the bank officer is not following up after several direct contacts I'd go so far to suspect collusion between the bank officer and the listing agent. It could be as innocent as a little quid pro quo -- acceptance of an offer for a mortgage perhaps? Just thinking out loud. . .

KTL

[justalayman]

Originally Posted by kNOwtheLAW

If the bank officer is not following up after several direct contacts I'd go so far to suspect collusion between the bank officer and the listing agent. It could be as innocent as a little quid pro quo -- acceptance of an offer for a mortgage perhaps? Just thinking out loud. . .

KTL

It could be possible but this does not relieve the selling agent from their legal and association reuqirements. The agent should be reported.

Your post is one reason it is a legal requiremnt that all offers be presented to the seller.