Profile picture for user3520540

Can listing agent refuse to show auction property to buyer

Hello,  A listing agent refused to allow me to see a bankruptcy trustee auction property because I was not accompanied by a buyers agent.  He seemed pretty chummy with another buyers agent whose client was a cash buyer, investor.  Is this legal?
  • April 13 2014 - Baldwin Park
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Answers (6)

Yes, it's legal.

In some markets, agents will go to great lengths to avoid dual agency, and that MAY be what's going on here. When I have a short sale listing, I MAY show the property, but I will not write an offer up for any buyer, because I want all of the other agents (and their buyers) to feel that they have an equal chance at making the best offer.

Other agents may have different opinions, and we don't know what this agent's motivation is, but I can tell you that we usually appear "chummy" in public, because it never really serves us to be confrontational or obnoxious.

All the best,
  • April 13 2014
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Profile picture for user3520540
Hello Joseph,

I don't have an agent.  I am looking in a wide geographical area and realtors specialize in smaller areas.  they also don't waste time with a buyer whose not looking for a million dollar estate.

This was actually listed as a cash or conventional sale.  Not auction or cash only.  if listed as cash only I wouldn't have bothered.  I am preapproved though.

Thank you for your reply.
  • April 13 2014
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Why don't you just call your own agent?  Maybe your "buyers agent" will get chummy with the listing agent too.
  • April 13 2014
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Profile picture for user3520540
thank you for the replies.  I appreciate the insight. 
  • April 13 2014
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Profile picture for craigfial
There are no laws are regulations that require a licensee to perform any duties. Just as a buyer/seller has a right to choose their agent, an agent can fire or refuse to work with a buyer or seller. Did you ask the agent why they did not want to show you the property?
  • April 13 2014
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Profile picture for John Steeby
Great question.

Agency law (the law that dictates the relationship between a principal and their agent) varies state by state. In general, the agent is to represent the client's bests interests and follow all legal and ethical directions. If the Seller gave the Listing Agent the instruction, only show the property to qualified buyers or buyer's who have representation, then the Listing Agent is just following the directions of the client. AND..there could be a couple of reasons why a Client would give that direction.

My suggestion is to approach the Sponsoring/Managing Broker of the office and tell them you would like to view the property. Explain, that if this is the case, that you are not seeking buyer representation.

On the other hand, since auctions have very specific funding requirements, you should get your financial ducks in a row.

Best of luck to you.
  • April 13 2014
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