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Real estate professional (the oxymoron)

Posted by Rick Harmon on June 26, 2003 at 10:15 PM

In Reply to: Realtors Ethics .?.? posted by Lughead on June 26, 2003 at 9:23 PM

: hello all ---

: 1) we submitted an offer to purchase a house listed on the MLS - we sent the agent an offer on forms from Professional Publications ... the agent and his broker wrote back that unless the offer is on a CAR form he will not present it to the seller !

: Are not agents REQUIRED to present ALL written offers to the seller?
: Is this requirement written somewhere??
: How should we address this matter??

: 2) Our offer did include in an addendum that we wish to represent ourselves - and have the comission ordinarily due to the seller's agent to be credited to the transaction - - - this blew their mind and their response was that unless we are "licensed" we cannot have the comission - - - any thoughts??

: thank you for your help
: Lughead

Lug-
Yep, you got a problem. While you are most certainly correct and the R E "professional" has a duty to present all offers unless patently frivolous, most all urban and suburban R E agents refuse to use anything they don't understand. Of course, this suggests that there IS a form they understand, so don't get me started.

As for the commission thing, I think they have a point meaning that, since you're not licensed, and the seller pays the commission, you aren't entitled to receive the selling broker's share. I think they're right here. Another way to takle this is to have an understanding that the total commission that the seller might pay is the equivalent to the listing broker's commission and then
reduce the amount of the offer by the other half. However, this would again require the agent to "think" and you know where this has gotten you in the past.

C.A.R. seems to have a bit of a monopoly mostly because they prey upon the fear factor of most R E salespeople. If I really wanted the property, I'd use the C.A.R. form and get really creative with the addendum. Remember, the agent wants to make a commission with little or no work so you gotta make a counteroffer that you can merchandise and that the agent can "sell" to the seller. Avoid big words that the agent did not see on the license exam.

Who cares what form you use as long as you get your price and terms!

Rick


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