Agent doesn't want to accept a back up offer on a SS

[Alex B]

Hello BP.
I found a property I'd like to buy that is a short sale. The day I was ready to make an offer I called up a listing agent and asked for offer instructions. He said the property is "gone" meaning he has a ratified contract submitted to lender. However he marked the MLS "additional offers are considered". He said he will present my offer to the lender only in case the offer in place will fall through. Didn't even ask how much I was going to offer.
There were three price drops on this deal within first two weeks of listing until they received an offer. I know seller is desperate and there is only one lender, so most likely it can sell for asking price, which is 50-60K below comps.
Can I contact the bank directly to present my offer? I suspect LA will not present my offer at all.
Thank you, looking forward your responses.
Alex

[Minna Reid]

If the seller has already accepted an offer, you can submit a backup offer to THE SELLER...but the agent is doing the righ thing by presenting only the executed contract to lender for approval. The seller cant be in two binding contracts at once. Furthermore, trying to get your offer to the lender wont work, and even if it did, they dont have the authority to sell a house that doesnt belong to them. Youre just wasting your time.