Profile picture for brmoran

Is selling agent allowed to do this?

My husband saw a home yesterday afternoon for the first time. He loved it and quickly had our agent schedule a second showing for me to view the home two hours later. During this time, our agent put together an offer with my husband. I viewed the home and within a half hour after the showing, our agent put our offer in with the selling agent. This agent said that she wouldn't be presenting our offer until tomorrow (meaning today) to the seller as there was a second showing scheduled for yesterday evening. The selling agent said that she would contact our agent this morning. My agent finally got through to the selling agent and she said that the second showing last night made an offer and she is going to present that offer to the sellers as we would have to put a contingency plan in place since we still own our home. We are under contract on our home and have not set a closing date yet. The selling agent said that she is not even presenting our offer to the seller. Is she allowed to do this? We were the first offer on the home.

  • March 07 2014 - Bayport
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Answers (5)

Profile picture for wetdawgs
Thanks for coming back with an update.

Good luck, may all go well with the  next steps.
  • March 07 2014
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Profile picture for brmoran
Thank you all for your responses. An update- Selling agent has presented our offer and they have come back and asked us to go to a certain price and the house will be ours.
  • March 07 2014
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Dawgs is right, not all offers must be presented. If a seller tells their agent, in writing, they do not want to see offers below a set amount or offers that are contingent, then the sellers agent does not have to present those offers. I would request a copy of the letter or email stating this for sure.

I would be talking with the agents broker about this and request my offer be reviewed. It has a bit of a smell but might be legit.
  • March 07 2014
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Profile picture for wetdawgs
The listing agent should present all offers, unless the seller has specifically told the agent to screen against certain features (certain contingencies are hot items) or only present the highest offer.

First offer in doesn't count for anything.

  • March 07 2014
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No, listing agents have to present all offers, even the ones they don't like. The owner deserves to hear all offers. I would suggest you have your agent talk to the managing broker of the company with the listing. It may not change the outcome though, because a contingent offer is hard to get accepted if a non-contingent offer is available unless their is a significant price difference.
  • March 07 2014
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