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Our offer was $50 more than the actual selling price as stated in Leepa, Forida's Lee County Property Site. Our agent told us our offer was second best in this short sale. We purchased a building lot a week earlier from the same Title Co and made this offer on another building lot which was suppose to be "highest and best"... It was to be a cash sale... best... and we were the highest at $50 over their other offer and above their asking price. It just sounds fishy that this title company wouldn't take the highest offer and our agent is also upset with this as well. There were No contingencies as this is a building lot sold as is. A simpe "as is" sale... We even agreed to pay $995 loss mitigation fee to a thrid party at the closing.We could have closed in two hours if they asked. This property should have been ours, or we should have been given a clear and solid reason why our offer which was highest and best, was not accepted. Why bother asking for higest and best if you won't honor it? It makes me think this title company is playing games and someone should look into it.
You probably do not have any recourse unless the commission was variable, your agent knew and did not disclose this to you. In this case you may have a complaint with your agent. Not the listing agent, but yours. On the other hand, if I were the listing agent and another close offer came in through another agent, I would cut my commission in order to beat out the other agents offer.
Was it the offer or the final selling price that was $50 lower than your offer? The selling price could have been lower than the offer price if something was negotiated after acceptance.
It doesnt matter. The seller ( in a short sale that is still the homeowner ) has the right to pick whichever buyer he wants. He signed the offer. Who put it in to the bank is irrelevant.
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