Profile picture for qabuyer

Can the Buyer's agent put in an offer from 2 or buyers?

The evening before I was putting in a bid, the agent informed me that there were no offers currently.  The next morning I was informed there was an offer on the home.  If the offer exists, is it possible the offer was put in by another buyer the agent represented?
  • October 16 2013 - US
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Answers (10)

Here in Washington it is not possible.  An agent cannot legally represent two buyers for the same property.  I have run into this at an Open House where two parties came through, loved the house and wanted to make offers.  I had to refer one to a different agent.  The Laws of Real Estate Agency state that we owe specific duties to our clients an we would not be fulfilling those duties if we were representing two people competing against each other.

But, multiple offer situations occur all the time and it may just have been that the agent didn't know there was another offer at the time that you asked.  It does sound as though your agent alerted you as soon as they knew, which is the way it should be.
  • October 16 2013
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Profile picture for CallTheSisters
More than likely it was a totally different buyers agent. This does happen all the time.

As Tim noted we don't like to tip our hands when we are writing an offer.  Right before I send it over I do ask - are there any others? 

However your buyers agent has a duty of disclosure and accountability to you.  Ask them directly if they also have another buyer.  They are bound by ethics to tell you the truth.
  • October 16 2013
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An agent representing two buyers interested in the same property cannot submit an offer for both.  It would violate the rules governing Agency.  One of the buyers would need to be referred to another agent who will write up the offer for that party.

  • October 16 2013
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Oops part of that was cut off - I would specify that my response is with regard to Florida.  All states are different so it definitely depends.
  • October 16 2013
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Offers take time to write, get signed and delivered. Agents do not like to telegraph the fact they are writing up an offer in order not to "tip off" the listing agent that one is coming so they won't tell other agents. So the listing agent can have several show up all at once by several agents. It's not at all uncommon.


tim
  • October 16 2013
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If you have and your agent have signed an Exclusive Buyer Brokerage Agreement, it clearly defines your duties as a buyer and their duties as your agent.  It specifically states that they do work with other buyers that may want to acquire the same property.  If that is the case, they are obligated to notify you a competing offer has been made but they are not able to tell you the terms and vice versa to the other buyer.  

This is why it's important to have a buyer's agency agreement signed so the relationship is clearly defined in writing and if you ever have questions like this you can refer back to that.  

If you submitted an offer with the listing agent directly and do not have an agent, they are obligated to submit all offers to the seller.  But I agree with a few others - submit your highest and best offer when there you are in a multiple offer situation and then you can rest easy if it doesn't work out.
  • October 16 2013
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Profile picture for Ofe Polack
I would not worry so much about whose offer it is, put your best and highest offer forward and see what happens.
  • October 16 2013
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I think what you are asking is whether or not your Buyer's Agent could represent another buyer submitting an offer on the same property and the answer to that question is no, as this would be a violation of Agency law. In this case, your Buyer's Agent should refer the other buyer to another agent who has no prior knowledge of the transaction.
  • October 16 2013
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Profile picture for wetdawgs
Anything is possible.  It is not unusual for more than one offer to appear close together.   Speculation doesn't have any pay back.
  • October 16 2013
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Very possible, Any and all offers must be presented, even low ball offers. Offer's come at all times of day and night. I hope this helps. 
  • October 16 2013
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