Not all offers were presented...legal????

Just wondering if this is legal, cause me and the FH are totally BS about this situation.

Three offers were put in on a house. Only one was presented to the seller because it was a cash deal. I found out because the neighbor of the owner selling the house (owner moved out a month ago) put the owner in touch with us since we had some questions that the real estate agent didn't answer.

The owner had no idea about the other offers. The owner was BS that not all offers were presented because the two offers that weren't a cash deal were never even presented to them.

Just wondering if this is legal for a real estate company to only present one offer?

Oh and i never signed anythign with the real estate agent who showed us the house...can we do a for sale by owner if the owner is interested? The owner is BS at the real estate company and asked us if we would be interested if it was legal.

The agent that was involved here could (and should) lose their license

It is 100% illegal.
All offers must be presented. You could look it up in the NYS Department of State Licensing Division Laws

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Posted by kaklesmay

You can do a FSBO because you didnt present an offer through the RE agent yet but if the agent has an exclusive right to sell signed with the owner you will have to go through them anyway.

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I spoke with the owner on the phone. Only one offer was presented to the seller the cash one for the least amount of money. Our offer was 8K higher and the other offer was 5K higher. Making us the highest bidder.

The two offers that needed a mortgage were never presented at all. The agent was really weird with our offer and wouldn't let us (or the other offer needing financing) put it on paper, which now we are glad. If we had put the sales offer on paper, we could only work through the RE. The owner called me and wants to work out a deal on the side if possible since we never signed anything with the agent or signed a sales offer.

The owner also mentioned that she called the RE agent to see what the deal was w/o mentioning anything about us specficially. She was told there was other offers on the table, but only cause she called. Sneaky Sneaky...such a dirty business.

The owner then said they found their own buyers (meaning us) and may want to do their own FSBO. The RE agent told her if she wanted to do a FSBO, that since they signed a contract they have to pay a certain % to the RE, but not as much as if the deal went through them totally.

I'm just waiting to hear back if we can assume their mortgage to speed the process along a bit. The owner currently has a mortgage through the same bank we were using, so it could go very smoothly.

This is so stressful! This would be the second house we got screwed by a RE on. Last time our offer wasn't presented either until 2 days after the contracts were signed. It 'sat' on someone's desk by mistake. It turns out the people that bought the house knew someone at the RE agency and they had the same offer as us.


I just can't believe this situation

Thats terrible.

At least you are in touch with them directly now. Good luck, your closer to becoming a homeowner!!

did they owner state at any time to the realtor that they were only interested in an all cash offer?

seems REAL shady

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Posted by kaklesmay

The agent that was involved here could (and should) lose their license

It is 100% illegal.
All offers must be presented. You could look it up in the NYS Department of State Licensing Division Laws

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agreed it is 100% illegal....

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Posted by The Original 2nd-time-around

OK, I just have a ??, because I was in a situation a few years back...did your RE agent take you to see this house??

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If the RE agent took you to see the house, I doubt you can do a FSBO without ramifications. You need to be very careful here. Might want to talk to a RE lawyer before going further.

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Posted by JLP

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Posted by The Original 2nd-time-around

OK, I just have a ??, because I was in a situation a few years back...did your RE agent take you to see this house??

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If the RE agent took you to see the house, I doubt you can do a FSBO without ramifications. You need to be very careful here. Might want to talk to a RE lawyer before going further.

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That's what I was going to say. IF the RE took you to see it, you will have to pay the RE fee.

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Posted by The Original 2nd-time-around

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Posted by JLP

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Posted by The Original 2nd-time-around

OK, I just have a ??, because I was in a situation a few years back...did your RE agent take you to see this house??

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If the RE agent took you to see the house, I doubt you can do a FSBO without ramifications. You need to be very careful here. Might want to talk to a RE lawyer before going further.

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That's what I was going to say. IF the RE took you to see it, you will have to pay the RE fee.

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Things look like they are progressing the right direction. Our lawyers are talking right now to figure out the details. My laywer says what the seller do about the realtor is their deal. We told them we saw it with the realtor and when asked we'll still say the realtor showed it to us. We have no contract with the realtor, so they can't do anything to us. Our lawyer did say that the sellers contract with the RE may be void since they never presented our offer, but that has nothing to do with us.

Hopefully I'll be posting again that we are in contracts until then...cross your fingers!

Good Luck!!