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  • teck
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I suspect we lost a deal because the seller agent, saw an oportunity at being a dual agent

saw a great house on market less than a week, our agent offered full price for us very next dayand asks that upcomming open house be canceled,  we were informed offer was accepted and open house canceled all was good, go into attorney review and 2 days later our attorney receives a letter stating deal was off with no explanation.

now our attorney cant get seller attorney on the phone, the seller agent doesnt answer his calls, we later find out that the open house was not canceled and went on as scheduled.

Our agent tries to contact the seller agent and he won't answer calls and when he does is very beligerent and gives no information why contract was canceled.
 
I feel that the seller agent met somebody at the open house that wasnt working with an agent got them to offer a little higher than our offer and is now going to profit huge with a dual commission. 

How can i prove this and is there anything that can be done about it when i have proof ?
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March 27 2011 - US
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It's so rare to meet someone at an open house that buys on the spot. Call the listing agent's broker, or better yet show up at the office.
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March 27 2011
Profile picture for teck
  • teck
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we are looking in a very desirable area and unfortunatly in a very desirable price range for this area, we have seen so many houses go in less than a week, i keep commenting that its like 2006 around here, that is why we made our offer so fast .

when you say the listing agents broker who do you mean ?
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March 27 2011
Did you receive a signed contract stating the offer was accepted? Verbal acceptances don't really hold much weight - you really need that piece of paper in hand to be able to prove that something is amiss.
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March 27 2011
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  • teck
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yes there is a signed contract stating the offer was accepted?
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March 27 2011

If you have a signed acceptance, have your agent call the listing agent's broker if the listing agent will not return their calls and ask for an explanation or ask your attorney as to how they feel you should proceed.

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March 27 2011
If you have a fully executed contract - you have a case. If need be.. you can always take it to the real estate division.
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March 27 2011
As others are stating, if you have a signed contract, the seller can't unilaterally cancel it.
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March 27 2011
If the contract was subject to attorney review you were esentially in an offer/counter-offer stage thus you didn't have an accepted contract.
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March 27 2011
You have a buyer  agent and an attorney working for you, between the two of them they should be able to assist you.  We have not read the offer so we are in no position to help you, if as you said the offer was signed by buyer and seller, then you have a purchase and sale agreement.  Let your attorney take it from here.  The best of luck!
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March 27 2011
Profile picture for klarek the realist
I took my state's RE license courses.  Our instructor, a realtor and broker, stressed that open houses are a good thing for agents, no mention about how it benefits the seller.  Open houses attract buyers without agents and give agents the chance to double-dip on the commission.  I don't know if this is what happened to you or not, but there is no shortage of people who pull this kind of crap out there.       
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March 28 2011
There are many things that could have happened (house removed from market, a higher offer, an offer with fewer restrictions, etc). Sorry, this happened to some of my investors last week.
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March 28 2011

Your buyer agent needs to confront the selling agent's broker.  If the selling agnet is not awnsering questions, then the next step would be to talk to his or her's Broker.  Hope this helps. 

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March 28 2011
Profile picture for teck
  • teck
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If i find out he is a dual agent ill report him, but what good will that realy do...

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March 30 2011
Teck,  You said you had a signed contract.  Both you and the seller signed the contract and each had a copy of the fully executed contract correct?  There were no issues open for negotiation like closing date, amount of escrow or items to be included in the sale?

Was your escrow check cashed?  I agree with the other comments that we really can't offer legal advice.  Your buyers agent should have his/her broker contact the sellers broker.  The seller has a sales agent who is under a broker.  It should be a broker to broker conversation.

If that does not prove fruitful have your attorney contact the selling broker.

 





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March 30 2011
 
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