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Can A Real Estate Agent Refuse To Take An Offer From Another Agent?
Readers Question:
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Found a place I want, the sellers agent showed it to me, decided to make an offer and called my agent. The sellers agent than called back and said he won’t take an offer from an agent other than himself. He works for a large real estate company.
Is this legal?
I’m not comfortable with it – it sounds fishy!
This occurred just outside Vancouver, BC.
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The above is a user contributed question for the Real Estate License Direct community. To answer this question and become a part of the community simply fill out the comment form below, or register here. You might also ask your own question by filling out the question form on our real estate questions page.
December 8th, 2009 at 3:16 pm
The answer is no. All offers must be presented in my state. so I am told many times. That is how I have made some great deals.
Had one agent said would take nothing less than 95% asking price on an open house. I gave 85% first offer, and told it would not be presented. I later bought the house for 80% using a diff agent. First agent was almost fired, when I told the owner at closing what happened.
Maybe I should have kept my 2 cents out of this.. or should I say Loony LOL.. being from the lower 48, and knowing that they do things diff up there LOL
GOD SAVE THE QUEEN
December 8th, 2009 at 7:37 pm
Yes he can do this. With property that is sure to move, an exclusive listing allows the listing agency (or agent) to be the only one participating in the deal. Besides, since this seller’s agent is the one who showed you the property, he is standing by his ethics. You have nothing to gain from bringing another agent into the deal. When you get ready to close, do make sure that the closing company (Abstract/Title company) know that only one agent is involved. You might negotiate for a discounted fee to your agent if you want him/her to be in on it, but real estate agents are all looking out for the Seller’s interests unless you have a Buyers Agent Contract with that agent.
December 8th, 2009 at 11:16 pm
I can’t speak for Canadian real estate practices, but if any seller’s agent pulled that crap in the US, they’d be facing heavy sanctions with possible suspension of their license. The agent is working for the SELLER, not their own self-interest, exactly opposite what this greedy person is pulling. A seller’s agent has a legal OBLIGATION to present all offers, regardless of who procured it.
I would call your local real estate board or association and report this person, and I would also contact the seller of the property, inform them that you were interested in making an offer, had your agent draw one up, and their agent refused to present it. That will certainly set matters straight, even if it ends up with you not getting the property.
December 9th, 2009 at 4:09 am
Did you let this agent know you were represented by another? He should have asked! and you should have told. Your Agent should take the offer to his broker and explain what happened, and then let the two brokers take it from there. The other agent I’m sure feels like he is being cheated
but buyers look all the time with out their agent present( I know because this happens to me in open house showings all the time)
I repeat he should have asked and if you said yes he could do a quick walk through and then ask for your agents name to do a follow up on the showing. He is not acting in his clients best interest.
December 9th, 2009 at 5:20 am
He did show you the house, but he shouldn’t handle it the way he is. He is not being professional, but he feels a little cheated.
December 9th, 2009 at 9:40 am
can’t say about law in BC.
here in the states you’d be in a bit of trouble though — were I the seller’s agent I’d insist that you hire your agent on your own dime and that I not pay him anything. I was at the house, I showed it to you, and then you wanted someone else’s help in making an offer — i’m ok with that, but I shouldn’t have to pay for it — no fee splitting here.
and I’d have to ask my client for permission to refuse. of course, the alternative would be that my client accepts anyway and I sue you for taking my commission monies for this other agent [for all I know, he's your brother in law or your business partner and isn't entitled to any fee at all.]
December 9th, 2009 at 10:50 am
I am quite sure it is legal in BC. No real estate agent is going to risk his / her license and livelihood playing games. They can be turned in and fined or suspended. Check the internet with your state real estate division regarding laws.