# Agent Refusing Offer



## nwmea (Sep 10, 2015)

Good Evening,

Could anyone please tell me what the law is regarding Agents presenting offers to vendors.

I made an offer on a property today and the real estate agent refused to take it. My offer was rather low ($197) compared to the asking price ($287) but I believe after extensive research that my price was very close to fair and I made it clear to the agent that the vendors could place a counter offer as I would be willing to negotiate on price and suitable terms for the vendor. The property has been on the market now for 4 months and I am sure that this is because it is way overpriced compared to comparative properties in the same area. I happen to know people who know the vendors and know that the vendors are anxious to sell and are looking for any offer. They have purchased elsewhere and the house has been sitting vacant for a couple of months costing them money.

Does the real estate agent, who by the way told me today that the property was overpriced by at least $40,000 hence getting closer to my initial asking price, have to present all offers??

I was under the impression that they did have to present all offers and that it was up to the vendor to say yes or no.

Thanks


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## 0xCC (Jan 5, 2012)

Are you using your own agent or are presenting the offer directly to the seller's agent?


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## Newby1983 (Apr 9, 2015)

Sounds like you're not using an agent to buy so be wary of anything the seller's agent tells you. I too was told by a former agent that the seller's agent is obligated to present any and all offers to the client (also they cannot prevent anyone from viewing a listed property). If you think you have a chance of getting the place spend some money and put the offer through your lawyer. If you think it's a long shot, leave a note on the seller's doorstep telling them you made an offer through their agent and want to ensure they had received it. There may also be a real estate board you can call and ask but they may dance around this.


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## fraser (May 15, 2010)

We did something similar a few years ago. We had a good agent.

We made a low ball offer but our agent advised us to do two things. Include a larger than normal cheque with the offer and make the offer valid only on presentation.

The sellers agent said that it would not be accepted but this changed over night. He had to present the offer to the seller the next morning. To our surprise, the seller accepted. Not certain if it was the large cheque or the fact that we forced an immediate decision.

We may be buying in Calgary later this year. If so, we will use the same approach.


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## dougboswell (Oct 25, 2010)

Perhaps the owners have said to the listing agent - don't waste our time by bringing low offers to us. I have said it a couple of times to our listing agent that it was not a firesale and only bring realistic offers in. In our case it worked out all right for us


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## Rusty O'Toole (Feb 1, 2012)

Legally the agent MUST present all offers. It is not up to him. He could get in trouble with the RE board if you complained. But, he could also present it in such a way as to stymie its acceptance.

Suggest you find another agent to represent you. It cost you nothing, they split the commission with the listing agent.


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## kcowan (Jul 1, 2010)

We had our agent refuse to present a low-ball offer and we said that we were sure we could find another agent to present it. She reluctantly presented it and, after some minor back and forth, it was accepted. Agents are not your friend. Treat them accordingly.

(and forget about the RE board. They are there for the agents.)


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## sags (May 15, 2010)

dougboswell said:


> Perhaps the owners have said to the listing agent - don't waste our time by bringing low offers to us. I have said it a couple of times to our listing agent that it was not a firesale and only bring realistic offers in. In our case it worked out all right for us


Sounds about right. We also asked our agent to use their judgement to ensure offers were made by qualified buyers.

I believe the law is that real estate agents must direct and present all offers *at their client's direction.*

If a client directs the agent not to present offers below a certain level, that is what the real estate agent would be obligated to do.


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## NorthKC (Apr 1, 2013)

sags said:


> If a client directs the agent not to present offers below a certain level, that is what the real estate agent would be obligated to do.


That's really interesting and good to know for when we're ready to buy a house. Thanks!


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## kcowan (Jul 1, 2010)

It is not a legal requirement. From their code of ethics:


> When acting as listing brokers, REALTORS® shall continue to submit to the seller/landlord all offers and counter-offers until closing or execution of a lease unless the seller/landlord has waived this obligation in writing.


and realtors regularly violate this provision. We have experienced it twice.

Code of Ethics


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## sags (May 15, 2010)

It can work in different ways.

We had 3 offers on a home the day it was listed. 

All offers came that night. The first two were low bids and we rejected them. The third offer was for asking price which we accepted.

The agent for the first bidder was incensed that our agent didn't return to them for subsequent higher bids, and complained to the real estate board.

Apparently, the agent advised her clients to start with a low bid offer, and the clients were angry with her about having first opportunity and not getting the house.

The real estate board called us and we told them we sold our home for asking price, and the first bidder had an opportunity to purchase the home. 

As the sellers, we are under no obligation to sit around and hope for higher bidders.

That was the last we heard of it.


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## kcowan (Jul 1, 2010)

sags said:


> It can work in different ways.
> 
> We had 3 offers on a home the day it was listed.
> 
> All offers came that night. The first two were low bids and we rejected them. The third offer was for asking price which we accepted.


I had a similar situation but my agent went back to every offer and said they were not the high bidder and would they like to submit an improved offer. In the end, we sold for $25k above asking.


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## marina628 (Dec 14, 2010)

I sold a house last year and we did get a verbal low ball offer at first but ended up selling over asking. I cannot see an agent wasting time writing up such a offer but they should let seller know of such offer .If there is a rural hard to see area then anything goes.


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## MrMatt (Dec 21, 2011)

sags said:


> It can work in different ways.
> 
> We had 3 offers on a home the day it was listed.
> 
> ...


I got multiple offers, and a bidding war.
I gave everyone an opportunity to increase their bid, and went with the second highest (no conditions!!)

My agent did advise me of every offer, he also advised the other agents that lowballs were a waste of time in a good multi bid situation.
I didn't bother wasting my time with serious lowballers, they clearly didn't do their homework.


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