Expert Contributor
Non-Responsive Listing Agent- What Can a Buyer Do? By Barbara Wilson, Realtor, SRES, Coldwell Banker DRE # 01404824
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have been asked what one can do when a client has written an offer, but the listing agent is not responsive. What should the buyer’s agent do? The buyer’s agent should of course have called the listing agent before writing the offer so the listing agent knows to expect it. Ideally, the Buyer’s Agent (BA) would have requested an in-person presentation of the offer to the listing agent, if not both the listing agent and the seller. But if an in-person presentation isn’t possible, the BA should call and text the agent to let them know they sent it, with a “readreceipt” for confirmation. But if the basics have been done, and the listing agent is still unresponsive, there some additional things a BA can do. 1. Call the listing agent’s broker or manager or he BA’s Broker or Manager can make the call. 2. Go to the listing agent’s office to present the offer to the broker. If the listing agent IS the broker, they usually have an assistant. Try to find out when the listing agent is expected in the office, and make sure the assistant gets a copy of the offer in a clearly marked envelope stating “Offer for the purchase of X property,” obtaining a dated and timed signature of receipt. 3. One can Express Mail or use a delivery service to send the clearly-marked offer to the broker’s office with a signature required. But if these are either not possible or unsuccessful, more dramatic efforts may be required. 4. The BA can go to the seller’s house when the seller is there and explain. “I have an offer for your house, but I have been unable to reach your agent. Would you please ask your agent to contact me?” And if this is not successful, then I can think of only 2 more options.
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5. The BA could leave the sealed ”tamper-proof” envelope with the seller, again, clearly marked and instructed that the envelope should be opened by the listing agent, obtaining a signature and date from the seller indicating time of delivery of a sealed envelope labeled “offer”. 6. The BA or buyer can make a complaint to the local and state Real Estate boards that the listing agent is preventing the presentation of an offer. There are clear instructions on how to do so on the Realtor’s Association sites. Armed with documentation of the emails sent, dates of text messages, signed or refused express mail packages, date and time of conversation with seller, the board should be able to get a response or take other action. It is our ethical and legal responsibility to present all offers, even those presented after we are in contract. So make sure you get your fair hearing, and if your offer is not accepted, your agent should be able to provide you proof from the listing agent that the offer was actually presented to the seller. Most of the agents you will ever encounter are ethical and responsible. But when we do encounter that “bad apple”, it is good to have a plan.
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