Did realtor showed my offer to Owner?

Question

Hi, I am interested in a property, this property is with NJ state executor.

it's for sale through a Real estate agent.

I made an offer, but couldn't hear back from seller/Executor's agent.

So I texted him, he replied back "No text Please, only Emails", never heard that before from any other realtor , is it normal?, because in my opinion for realtor texting is best mode of communication.

But my main concern is how to make sure that agent showed my offer to state executor.

Thanks

Mike Cumbie · Answer

Hi @Raj G."I had sent my offer in email in just plain text on Tue , then another email on Wed(19th Aug)  for update, didn't not send anything today."

Was it a full purchase and sale contract or a random text "I'll pay $xxxx.xx for the property at 123 Main street?" If it was just a random "Cocktail napkin" type offer. I can pretty much guarantee it was thrown in the trash by someone (Most likely the owner/bank) somewhere down the line.

While "legally" you can write out a few words and everyone signs on a piece of paper, any professional entity will require plenty of provisions in a contract. Things like type of title, close date, type of financing, proof of funds, condition reports.. all sorts of verbiage before they take it serious. Signed PCD reports and Lead based paint. They have people that are authorized to just junk anything that doesn't check their boxes.

My suggestion is to submit a full contract on industry standard forms for that area.

Good Luck!

Darren Klein · Answer

Hi Raj,

I am an agent in NJ and I hate when something like this happens.Gordon is right, real estate agents have a fiduciary duty.A buyer's agent must present all written offers the buyer would like to make.A seller's agent must present all written offers to the seller. If you presented the offer to the seller's agent, the agent must present the offer in a timely fashion to the seller. (I always get confirmation that the seller's agent received the offer and can open. this conformation must be in either email or text).

If I don't get a response from the seller's agent within 24 hours I start calling and texting (so I have a record of my request).  If I don't get a response from the seller's agent in 3 to 4 days I call the agent's broker.(Life does happen, so I always give the benefit of the doubt, but I still have an obligation to my client to get a response.)There is a form that my broker (I think all brokers have the same form in NJ so your agent should have it) that states the sellers acknowledges that the offer was presented.  It's signed by the seller.

Good Luck - Darren

Mike Cumbie · Answer

Hi @Raj G.

Couple things could be going on. I am not familiar with the NJ state executor but I have some feelings on how it works. Just random thoughts so take them for what they are worth.

1) Sounds like it is through the state. That basically means during business hours at their speed.

2) The agent most likely is very hands off on that property and is simply a conduit. They want emails because they are easy to print and throw in a file. Everything they are getting simply goes in a file to end up being dug through by a paralegal at some point.

3) While the sellers agent has a duty to present, the state executors office has a duty to open the offer when/if they please. You may out of the blue in 3 weeks get some sort of response.... long after you moved on and forgot about the place.

4) When dealing with regular person to person sales, things are MUCH more responsive. When dealing with a bank/state owned property. The time frames make the DMV look like a NASCAR pitstop.

Good Luck

Ibrahim Hughes · Answer

@Raj G.

I like @Mike Cumbie's #2. That's likely the most convenient and efficient way for the realtor to keep track of everything. But I have one question that I'm surprised wasn't asked (and it very well may have as I wouldn't be surprised that I missed it since it is after 9 pm. It's usually all downhill for me after 6 PM. LOL).

But did you send an email as instructed by the realtor?

Mike Cumbie · Answer

@Darren Klein

"There is a form that my broker (I think all brokers have the same form in NJ so your agent should have it) that states the sellers acknowledges that the offer was presented.It's signed by the seller."

We have a very similar form. The problem with it is that nobody can make a seller sign it. A seller is not obligated to "respond" to any offers. In our case the agent can sign stating they presented it and they are done. However in our case it is a NAR/NYSAR form. So only REALTORS® have to sign it for each other. The OP has presented their own written offer (Not that I would expect any different response from a large company/state agency if the OP were an agent or had one).

Raj G. · Answer

Just for clarification, I(as a buyer) have no agent, he is Buyer(State Executor in this case) agent.

Just FYI I am also an Agent/Investor, so bidding this property for myself only.

Raj G. · Answer

I had sent my offer in email in just plain text on Tue , then another email on Wed(19th Aug)  for update, didn't not send anything today.

Ujwal Velagapudi · Answer

As you can imagine, they may be inundated with texts, especially if it's their personal cell and not an automated one. That may just be their preference. But as for showing it, like the others have said, they are required to. But in my experiences, I personally don't think all the selling agents I've worked with have truly taken in an offer. I've got no proof of it, but days and weeks would go by and a simple "not interested, rejected" would be all the response I get. I like Mike's method of calling the broker directly if you go a full week without hearing anything, and even that may be too long especially given how quickly properties are going on the market today.

Steve Morris · Answer

DOn't know NJ, but if the property is with the state, it may take a while.

Who wrote the offer?  You can always put down something in it saying the seller needs to initial once received.

However, I don't trust some brokers either.

Gordon Ray · Answer

Fair call! The buyer agent should still be covered by fiduciary duty and would be bound to tell the buyer of any and all offers to purchase the property, right? I don't know if they are obligated to tell you if it wasn't accepted. Regardless, it seems like a real crass move to ghost you on thatI've never met a realtor that is averse to text, but I don't know his process. They could be a scam? Have you reached out to anyone they've worked with in the past to feel them out?

Did realtor showed my offer to Owner?

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