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Is my agent required to honor my request on an offer

7 years ago

I want to make an offer on a home I am using the listing agent so it will be dual agency. I have went through the home and identified everything that is in disrepair when I submit my new offer I want the realtor to disclose my findings to the home owners. This home was listed as pristine condition and is far from it I’m hoping that this would help explain my offer amount to the homeowners. If I make a document outlining all the repairs necessary will the listing agent who is also my agent be required to present this information to the sellers?

Comments (15)

  • 7 years ago

    I know this is not recommended. I was hoping this would help me gain a little more nogotiating power through the agent, knowing that the agent may apply a little extra pressure on the sellers to take the deal.

  • 7 years ago
    last modified: 7 years ago

    You get less negogitaing power. Agent is responsible for getting best possible contract for the seller. Period.

  • 7 years ago

    Ok I will drop the agent

  • 7 years ago

    I usually use the listing agent repeatedly and I know it has helped me obtain the house at a lower price. In my last purchase the LA reduced her commission greatly to make my offer work. We all knew she wanted my offer (with her getting both sides) to work. Depending on where you live the dual agent has a responsibility to both parties, I know that's difficult to do but again it can workout for both parties.

  • 7 years ago

    Listing agent is required to present all offers to seller.

  • 7 years ago

    The listing agent probably isn't interested in writing up an offer with a long list of things that you don't like. You may be coming across as a PITA buyer, whether you are or not.

  • PRO
    7 years ago

    If I were selling my house, and MY agent presented me an offer from a buyer with her own agent, and it included a LONG list of "problems" with the house, I'd turn it down cold. Who needs to deal with someone like that! I'd have to be desperate (at risk of foreclosure) before I'd even consider such. VERY bad idea!

  • 7 years ago
    last modified: 7 years ago

    No, you are going about it in an antagonistic way. No one will give you a better deal because you insult his house.

    Using the listing agent is not for the amateur, or the casual home buyer without legal knowledge. If you are exceedingly knowledgeable, this works out great. But you will need to be diplomatic about needing to do a few repairs, but you hope you will be able to come to an agreement because you love the house as they do.

    The listing agent is required to present all offers, but is not prohibited from advising the seller, and most will advise to wait for a buyer who just wants the house, rather than one who presents a list of problem areas. You are correct that generally an easy deal going through the list agent (without the list of problems) is a better deal for the agent financially and will be desirable.

  • 7 years ago

    In this case, would it NOT cause commission dispute if OP drops listing agent and find his own agent to make an offer?

  • 7 years ago

    If he's already been working with the listing agent, he needs to have his new agent and the listing agent work it out. Yes, it could be a problem.

  • 7 years ago

    "everything that is in disrepair"

    You need to clarify what you mean by this. Are these items that are structural defects? Or maybe appliances that don't work? Broken windows, perhaps?

    These are significant things that you could bring to the attention of the homeowner to justify your offer.

    But if it's cosmetic things, then it's being too picky. Scratches in the paint, dents in the baseboards and any other basic wear and tear from having a house that is actually lived in and not brand new.

    You can use those to justify your offer to yourself, but pointing out all of these things to the homeowner is unnecessary.

  • 7 years ago

    Your offer amount should reflect your assessment of the current condition and value of the house. A list won't be helpful. Stay silent on these issues until you are under contract and doing your due diligence. That is the time to present the list, if necessary.

    Your best course of action is to obtain your own agent for representation. They will present the offer and provide the listing agent with a frank explanation of your assessment. You aren't getting a better deal if you share agents. While dual agency can work, most agents don't like to do it because it can complicate representation and advocacy issues. You run the risk of getting a lesser result. Get your own agent.


  • 7 years ago

    Agree with homechef59.

    However, if you prefer to continue with the listing agent, then go to an attorney and have the attorney draw up your offer and present to the listing agent. This eliminates part, not all, of the representation and advocacy issues that homechef mentions. Make sure your attorney isn't participating in the commission, some will and some won't.

    Also agree that going in with a laundry list of repairs up front with the contract presentation will work against you. The time to bring up specifics is in the due diligence period.

  • 7 years ago

    Yes, an agent is under duty to present your offer, the way you advise.

    Sometimes "Agreed Upon Repairs" can be negotiated up front when negotiating the initial contract. I do so when my buyer has FHA or VA financing, which requires there to be no safety or health items or moisture problems. No reason wasting time on a house like this if the sellers are not going to repair. Or, if there is a large, expensive repair that needs done, I sometimes add it to the offer as part of the negotiations upfront. Best to find some things upfront, than to let buyers pay for this and that, only to find out that the large, expensive item will not be repaired.

    But these circumstances are different from what the OP has done, I think. But, nonetheless, the agent has to present the offer. If she feels uncomfortable about doing it, then the OP can find his own representation, which is usually the best idea anyhow.