what all if a seller agent hasn't submitted my offer.

Question

Hello everyone

My wife and I are looking to by our first house. It has been a hard one to say the least. Being out bid, sellers pulling house off market, etc. any way we recently found a home that we lived in Northern California and we submitted an offer and list price. But we're not sure when the seller agent has submitted our offer. How can I find out or what should I do to know my offer has been seen by the seller.

Rob Poulin · Answer

The industry seem strange to me in many ways. I don't think a sellers agent has to submit your offer to their seller if they have, for instance, been instructed by their seller to not submit certain offers, such as offers blow a certain price? I'm not sure, but that is how it seems to go? At least with bank owned properties. I've submitted some through my buyers agent to the sellers agent and apparently, the sellers agent has not even submitted the offers to the seller .... in this case a bank.

Then there are those instances where my agent can't even get me in to see the property because the selling agent needs time to get their preferred contractor friends in to evaluate the property for themselves to see if they want to buy it. No matter how hard we try, we can't even get in to see it. Then it goes under agreement, is sold, is rehabbed and is listed again months later by the same exact agent who sold it to their contractor friend. The agent/office gets the first commission when it sold to their contractor friend, and later another commission when it is sold to the eventual home owner (and who know what else?) And the contractor friend gets first dibs at it and a nice low price. This is all legal, I believe, if the seller is aware of it and agrees to it. But you've got to wonder some times when the seller is a senior. I had a business who's customers were 90% seniors (and I had a few thousand customers) and I know the way seniors can be, especially if they do not have someone looking out for their interests. My own parents are there now, and I have to watch what they do closely. Recently, my father was conned to sending money to a group who told him they were protecting him from ISIS. They actually convinced him that since he was already sending them money, he was on an ISIS target list and the only way he would be safe was if he continued to send them money because they were fighting ISIS. Makes you wonder if the sellers best interest really is the priority all of the time. With access to the MLS, tax records, appraisers data, Sec of States Corp. division, etc ... it's very easy follow the paper trail of some of these so called pocket deals, even if they use LLC's or other entities.

So, myself, I wonder if the sellers agent is obliged to present all offers, even if brought to them from a buyers agent. It does not see so.

Jeff Martin · Answer

@Jose Quintana You've gotten some excellent advise above on how to get this going. One last thing I would add: It can definitely be a difficult market for buyers out there, as it seems you have experienced. This often leads to emotions getting more involved than they should. People get so frustrated or anxious that they start making bad decisions just to get it done (ie paying too much, overlooking/ignoring issues).  No matter how crazy it gets, just remember its the largest business transaction most people generally make. Do not let emotions get involved and make sure you make the right deal for you. In this situation, for example, it would be easy to be so focused on the seller finally responding, but with a bad counter offer, and you accept it out of relief of the response and finally getting a house, not based on making a good deal. Don't get attached to the house or the deal until you move in. Until then its just a house and if it doesn't work out, the search goes on. Trust your instincts and not your emotions. Good luck!!

Matt Lefebvre · Answer

@Jose Quintana, if the listing agent has not submitted the offer to the seller yet and told you so, that is illegal.  If the listing agent has submitted the offer to the seller and they have not responded back, it is legal, although not really ethical... The listing agent should however, respond back with the status of your offer, unless the seller has specifically ordered them not to respond (which I've seen happen).  Sometimes sellers get so frustrated with a lowball offer that they flat out refuse to communicate with the other party and tell them not to talk.  However, if you don't hear back for while, I'd strongly recommend having your buyer's agent talk with their broker and then connect with the listing agent's broker.  Broker-to-broker conversations usually get the job done.  Though only go down that route if you are really getting no response.

Christina Yoon · Answer

In my area,  time is of the essence.   Doesn't spell it out exactly how long an agent has to present.

You could put a time limit on your offer.   I always recommend this to my buyer clients.  Last thing you want is an agent buying time to get other offers and creating a bidding war.

Steve McGovern · Answer

your Buyer's agent needs to navigate that, then. Again, your other option is to withdraw your offer. How much time did you give them in your offer to except or not except? That's a standard negotiated term.

Don Enrique · Answer

Sounds like did not get a buyer agent to represent you is that correct?