Listing Broker May Not be Submitting my Offer to the Seller

[Llewelyn A.]

About 2 weeks ago, I submitted an Offer to Purchase a Property for a Client/Buyer.

The Seller's Agent got back to me and said that there is currently an offer with "No Finance Contingency" and because my Client will be using a Mortgage, the Seller is refusing to send over the Contract to the Buyer's Attorney.

The Offer was for $1.6 Million and the Commission the total commission would be $80k. The Listing on the MLS (called RLS here in NYC) has the co-Broke at 2.5% or $40k.

It's been 2 weeks and so far, it is not in contract.

I am starting to think that the Agent is holding out on Offers that has a co-Broke.

Is there any legal way for me to find out if the Listing Agent actually submitted the Offer to his Seller?

I was thinking of trying to talk to the Seller directly, but I'm not sure that will break any rules.

I also personally know the Seller's Attorney and I can directly call him and inquire.

What do you think would be the best way to go about this? Is it even worth pursuing? My Client would definitely be interested on moving forward to the point of increasing his Offer.

HOWEVER, again, it was told to me that there would be no Offers entertained if it included a Finance Contingency.

For those who don't really know the NYC Market, I cannot say that "No Finance Contingency" is UNCOMMON because it happens often enough.

Any advice, especially from NYC Brokers/Agents would be appreciated.