Profile picture for MarkSalas

can you bid on a home that a old realator showed me if they dumped us

Did not sign any contract with them She got mad and dumped us because we did not want to bid the amount she wanted us to pay
  • November 19 2013 - Rancho Cucamonga
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Answers (10)

Just because we have opposing views here I'm going to offer my thoughts regarding the question...

I agree with Dan wholeheartedly, The agent who refused to take your offer is simply a fool (he/she may indeed be looking out for your best interests towards achieving your goal to buy the house for the most advantageous price) but the fact is he/she works for YOU and YOU are indeed the boss.

Had the Realtor taken the offer you may have learned a valuable lesson (and for all you Realtors out their) he/she would have "secured" her spot as procuring cause on that house for some time to come! It could have been advantageous for both the Realtor & the buyer! 

Dan is correct. hope that helps clear up the opposing views better...
  • February 25 2014
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Profile picture for Dan Tabit

I need to disagree with Clay Bec below.  Any offers received by a listing agent, must be submitted.  Any offer a buyer wants me to write I am not obligated to write, I may just dismiss them as a client and they are free to use someone else. 
Personally, I believe good things happen when you put an offer in writing.  Any seller who is "offended" by a low offer is taking it too personal.  A low ball offer isn't the best strategy in most cases, but depending on the situation I would consider writing one, and have written many. 
You indicate you did not sign a contract with them, and she dumped you.  Find an agent you can work with and see how it goes.  Either you or your former agent may learn something.  Just keep any correspondence about her "dumping" you in case she comes around asking for a commission later.   

  • February 24 2014
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A Realtor 100% HAS To Submit Your Offer, I Don't Care If It's 50 Cent!! If They Get Caught NOT Submitting Any And Every Offer. They Can Lose Their License With The Quickness!!!

  • February 24 2014
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If you saw the home you wish to put an offer on with the old agent - then the old agent may have a claim to procuring cause.  She dumped you for future homes - not the ones she already took you in.
  • November 20 2013
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The "Buyers Brokers Agreement" contract is largely worthless and very often unenforceable.  It depends if the agent has what is known as procuring cause.  In this case, I would think the agent who dumped you does, however, this issue is largely debatable because of them "dumping" you.  I am not an attorney though this brings up several good questions:

1) Did the agent find the property?

2) Did you advise the agent you wanted to submit a bid?

3) In what way did the agent "dump" you and with what language?  Do you have it in writing?

If you find another agent to submit the offer through, advise them of your situation and they can likely speak to their broker and possibly in-house legal counsel (if the agent is with a good sized brokerage) to give their opinion to the agent to see if he/she wants to move forward with you as a client.
  • November 19 2013
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From what you said, it doesn't sound like you owe anyone anything.  Most agents would agree with the fact that it really is your choice what you offer.  You can write whatever offer you want; it doesn't mean it'll get the job done, but it's your decision.  There's not a one size fits all here in that regard.  I would like to add a statement about the Buyer Rep contract: It's a good thing.  An agent is obligated to work HARDER for their clients (who've signed an exclusive representation contract) than they can their customers (unrepresented shoppers). The Buyer Rep agreement is designed to define the business relationship between agent and client, when signed, certain fiduciary duties are provided to protect the interests of the buyer.  The buyer might owe the agent their loyalty by signing such agreement, but in turn, the agent owes a Buyer Client services outlined in the agreement, which are valuable to a qualified buyer who isn't involved in housing transactions for a living.  All working business relationships are better when the expectations are clear and buyer clients benefit from the relationship when their agent is capable of providing time, education, and service.  No agent has unlimited resources, therefore, he/she is obligated by the agreements in his/her file to put their clients needs in the forefront and who wouldn't. Like most, I help customers when I can, but I work for my clients. 
  • November 19 2013
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Well it depends. If you have an exclusive buyer's agent agreement that you signed that says you owe a commission to a specific agent when you purchase within a time period, than you may owe a commission. This would be an issue you would have to seek legal advice from an attorney about. But you said that you did not sign a contract, so you should have no obligation to the agent who showed you the home. Showing a home to a prospective buyer does not protect a real estate agents commission, or obligate a prospective buyer to continue to use that agent in the future. There is no rule that says that you have to use any particular real estate agent to make a purchase, but you could be liable to pay a commission if you ever sign an Exclusive Buyer's Agency agreement. In my opinion, a good real estate agent who is willing to work hard for you will not make you sign one of those agreements because they will work hard for you and earn your loyalty without compelling you to such an agreement. Another thing is that it is never the real estate agents choice what a buyer should offer. The real estate agents job is to provide evidence of recent comparable sales and provide guidance on what a fair market value is, but ultimately the buyer determines what to offer. I will say offers that are way below asking price will usually offend a homeowner who will then not even bother to provide a counter on such an offer. 
  • November 19 2013
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Profile picture for Realtor Bill
Yes, just make sure the do not have a buyers agreement with you past Realtor already in place...[Removed by Zillow Moderator. Please see our Good Neighbor Policy.]
  • November 19 2013
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Had you signed a contract with the Buyer Agent?  If she terminated your contract, have signed a document terminating the buyer agency relationship?  Now you will have to decide if you want another agent, or if you want to write an offer without representation.

  • November 19 2013
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Profile picture for SeanGlaze
If the agent told you she would not represent you any longer of course you can find someone else to represent you.
  • November 19 2013
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