unethical listing agent - maybe

[Don Chambers]

I frequently offer on bank owned properties in the MLS through my agent. There is one listing agent that always says the seller responds with highest and best. I used to give highest but now I just withdraw the offer. Then I'll notice the house does not sale and sometimes has a price drop lower than my offer. This happens over and over, but not nearly as often with other agents.

I think it's either a lie, or he tells his investor to offer and it's a legitimate highest and best.  Then his investor just offers a little over my highest.

If I'm right, is this illegal or unethical?

I'm tempted to just offer through the listing agent who does this.  I hate to do that because it rewards his deceit and hurts my agent.


I have no proof.  Is there anything I can do?
I wish I could find out who the other offerers are.  It would be meaningful if it's the same person each time.  It's probably easy to show a pattern if I saw the data - or to see that I'm wrong.