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Problems with Seller

We have made an offer on a home in Texas. The seller and listing agent are one in the same. The home is not her primary residence but is an investment property. We at first offered 5000 less than the asking price. The owner/agent refused to acknowledge it in writing and said she wanted the asking price. We then revised the contract with full price but asked if she would be willing to offer a carpet allowance. She became angry and hung up on our agent and we have lost all communication.The listing agent refuses to acknowledge our offer in writing and has been consistently rude to our agent and representatives...even hanging up on everyone. I have never heard of this tactic. It seems very unprofessional. Has anyone gone through this?
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December 23 2013 - Plano
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Answers (12)

Find another house stop letting people treat you any kind of way to give them a quarter of a million dollars. If you go to the burger joint you expect customer service and a pleasant attitude for $5 you should demand the same level of service and respect or take your $$$ elsewhere.
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December 25 2013
Lots of great property listings to consider besides this one.
And the not so professional relay of what may or may not have happened serves no purpose. Pay the full price or don't. Keep it simple. Instead of nickel and diming for more. You want to buy, they want to sell but the expectation is not always the same for both.
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December 25 2013
Life is short - if this home is a must have then you'll probably end up having to make a full price offer with no discounts - if you have other choices or the time to shop some more, you may want to consider that option - people are what they are.
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December 25 2013
In TX, the seller is not required to answer to an offer or to even acknowledge receiving it.  She can just refuse not to sell to you without giving any reason.  It's not necessarily a practice I believe in but it's the way it is.

However, there may be a communication disconnect between her and your agent. If she asked for a full price offer, your agent should have explained to you that asking for any kind of allowance does no longer make your offer a full price offer.

How is the home priced?  did your agent do a market analysis?  I know that the market is hot in most areas of DFW especially the Plano/Frisco/Allen areas. So is it worth the 250K she is asking for so you gan forego the 5K allowance?

It could also be that she is selling unwillingly selling which is making her unprofessional and being irresponsive.

The reasons could be limitless...  So if you really want this home, put a deadline for the answer to your offer, be prepared to lose it or be prepared to pay more than full price. I know that there aren't many homes for sale in Plano in that price range.

Good luck

Naima
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December 24 2013
Profile picture for SoCal_Engr
a consumer perspective...

What I don't understand is the angst over $5K on a $250K deal. +/- 2% just doesn't seem that big a deal to be fretting over the seller's behavior. If you've seen the property and think it's worth $244K on a $249K asking, I fail to see how one can discern the difference between $244K and $249K. In a few years, one way or another, it's a rounding error.

Full disclosure...

I went through this once myself, with a buyer beating me up over 0.3%. Yes, that reads as 3/10th of one percent. As a seller, I was perfectly willing to sell it to someone else for less, just because I hated they buyer's take-it-or-leave-it attitude. We ended up working out a deal with the buyer's REAs, who had an entire commission at stake - but I really don't understand the take-it-to-the-mat attitude over a few $K that's within the margin-of-error on a valuation.
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December 23 2013
I have gone through, "No," before, and this sounds very much like, "No" to me.

Sellers have no legal obligation to respond to offers. It's annoying, but it's true. They certainly don't have to respond rudely, but they don't have to respond at all. 

Seems to me that the price of this property is $249,000 as is, and if you think it's the best property you can get for the money, then you should just let the seller be rude and go about buying the property. If you can find a better property, well, you'll almost certainly have a smoother transaction, too!

All the best,
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December 23 2013
I can only speak for my market area -- technically there should be a response in writing.  Your offer should have some kind of expiration date.  In California the state contract states 3 days after receipt by seller to respond... but many times they don't or it's verbal... or in an email.

Don't take it personally -- find another property, move on. 
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December 23 2013
Profile picture for Queenestherd
Thank you all for responding. The asking price was 249,000 and our offer was 244,000. There were no other contingencies. I can understand the seller has the right to reject all offers. What I'm not understanding is why no response in writing...only rude behavior. We have yet to receive any word at all. Is that customary that there would be no response?
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December 23 2013
This agent/seller obviously has issues.  If it were me, I'd find another house.
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December 23 2013
Profile picture for wetdawgs
It is not unusual for sellers to do some strange things, but usually the buyer has the advantage of agents standing between the buyer and seller so the buyer doesn't see the extent of foolishness.

So, at this stage you have to figure out if you are willing to play the seller's game or if there are other houses to look at.

Be ware:   A full priced offer with a carpet allowance is not a full priced offer.   It is an offer of 100% minus carpet.   Do you have other contingencies?

The seller has the right to reject any offer, even full price with no contingencies all cash.

We have no idea what price house you are considering.  Some houses $5000 lower than asking price is a low ball offer, while with others $5000 is a tiny percentage.   I do best when people comment on percentages.

Good luck. 
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December 23 2013

Hi,

I'm sorry to hear that the buying experience has been so unpleasant for you. There could be a variety of reasons that the listing agent is behaving this way, from believing a sellers' market gives her the right to behave like that to simply a sad life event. I wouldn't take it personally and would just move on to the next property if you can.

Good luck and hope you find a home to own soon!
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December 23 2013
I don't think it's a tactic.  The owner/agent is unprofessional.  There is something more going on here.  There is a TAR form called "Sellers Rejection of Offer with Invitation to Submit a New Offer."  Locate this form, and submit it.  Maybe you'll get an answer with this method.  Otherwise, walk away.  Something is not right.  You could also try to contact the broker who holds the license for the office but that might be rubbing salt in the wound.
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December 23 2013
 
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