Can my realtor put in an offer on a home that I put an offer for?

Question

Can my realtor put an offer on a home that she showed me and helped me put my offer in? I know it’s a weird question but I have a slight feeling that she did. Is this legal ? What should I do?

Nathan Gesner · Answer

I don't know what state this is in. In my state, every offer MUST be presented and you can demand proof that it was presented to the Seller and rejected. For the agent to say they never heard back is just wrong. They have an obligation to represent you, ensure your offer is presented, and demand a response from the listing agent. If the listing agent is not responding. your agent should be contacting the Broker to demand answers.

Personally, I would go around your agent. Contact the listing agent directly, explain the situation, and see what they say. If there's no answer, contact the Broker. If there's no answer, file a complaint with the state board and that will usually spur a response in a New York minute.

Again, every contract I've ever seen requires a signature from the Seller, even if they are rejecting the offer. Sometimes the Seller doesn't want to respond so they will instruct the Listing Agent to sign a rejection. Either way, you have a right to demand written evidence that your offer was submitted and rejected.

Leah Tesch · Answer

This would definitely be unethical, if she helped you make an offer on a property that she had a personal interest in and made a competing offer on herself. However, I definitely get excited for my clients to make offers on great deals too. It's part of why I became a realtor! So, giving your realtor the benefit of the doubt and assuming she didn't make an offer on the same property for herself, it's possible the offer simply got lost or looked over.

Any time I submit an offer, I personally ask the listing agent to confirm receipt of the offer so that I know it's being considered. I've definitely run into issues in the past with offers getting lost in the many incoming inquiries the listing agent has for the property, especially in this crazy market. If she hasn't already, I would ask her to call the listing agent and check on your offer. It is well within her duties to follow up for you.

If the sellers have already accepted another offer, there is not much you can do about it whether they saw your offer or not. But it doesn't hurt to chat with your realtor to double check that she is doing what she can to make sure your offers are making it in front of the listing agent in time to be considered.

Jonathan Greene · Answer

Um...no. I am not sure it's illegal, but it's surely a breach of ethics or brokerage rules unless your offer was rejected first and you were not planning on going up on price. And even then, most brokerages would not be ok with this. What makes you think she did?

David Da Silva · Answer

Why would the Agent bother doing 2 offers - unless you mean they only submitted their own..

If you feel that was what happened, reach out to the listing agent's brokerage and ask for proof that the seller reviewed your offer. If no answer, you can contact NAR. I'm sure your agent would love to hear this.

The MLS will eventually display who the buyer is so you'll have your info there as well.

Jessa Turner · Answer

@Jonathan Greene Just a feeling... because she was overly excited herself about the property, she has real estate investments and looking for more, and I called the broker myself (I know it’s not right to do) and they didn’t receive my offer. I put an offer higher than the asking price (because it’s a great deal) and we never heard back from listing agent...at least that’s what she says. I also wonder why she didn’t call the broker to ask after “not hearing from listing agent.” I could be totally wrong but knowing she’s an investor herself and always looking, I’m skeptical. Curious if anyone has had this issue.

Can my realtor put in an offer on a home that I put an offer for?

Can my realtor put in an offer on a home that I put an offer for?

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