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Rainmaker
612,606
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

As a buyers agent, my fiduciary duty carries more clout than not stepping on the toes of an agent that is MIA or refuses to cooperate.  Agency relationships are LAW, the code of ethics is not.

I am legally bound to do what is in the best interest of my buyer client.

In the old days the Florida real estate commission hotline was manned by seasoned attorneys who "got it".  Today they are manned by green attorneys just out of law school who have to "look up" what you are speaking about.  If I want an accurate answer, I will not go to the legal hotline. 

THAT IS WHY THEY WILL ONLY GIVE YOU A VERBAL AND NOT PUT ANY ANSWER IN WRITING...You better believe that I would go to the seller...who is going to complain?

  • The seller? who is happy to see the offer?
  • The Buyer who is glad that you got to present it?
  • The listing agent who is not doing their job?

Sorry, but I am contacting the seller...go sue me.

Eve

May 10, 2016 02:43 AM
Rainmaker
1,413,374
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

In my board (and I believe all of california) the buyer's agent has the RIGHT to present the offer directly to the seller.  It's considered bad form and almost never done, but it can be.

May 10, 2016 02:21 AM
Rainmaker
2,669,063
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Interesting to note: What exactly do you tell your principal as to why you cant perform here? A story? What was the reason they hired an agent to begin with? No results? I will be the first to tell you that not everything a human does can be defined by law. There has to be heart and spirit there too. Why you do something is just as important as doing it. Travel well each one

May 10, 2016 04:18 AM
Rainmaker
923,920
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Uh boy. Send the buyer? Really?
All the years, all the brain cells we have spent advising our clients NOT to talk to the other principal . . . send the buyer?
Hugs and kisses to Tonya, but I would probably go to the Association before I'd send the buyer.
"How to lose all control over a transaction"  LMAO!

OH, and AZ Peeps: Commissioner's Rule R4-28-1102 #2 references this EXPLICITLY:
R4-28-1102. Property Negotiations
Except for owner listed properties, negotiations shall be conducted
exclusively through the principal’s broker or the broker’s representative unless:
1. The principal waives this requirement in writing, and
2. No  licensed  representative  of  the  broker  is  available for 24 hours

May 10, 2016 04:09 AM
Rainmaker
934,423
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Wow, glad we don't use lawyers here!

May 10, 2016 09:19 PM
Rainmaker
611,519
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

I'm with Candice A. Donofrio, if it is a one person show, go to the local association and ask for help. I've had a lsiting agent go MIA.

May 10, 2016 12:22 PM
Rainmaker
2,057,186
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

I am glad to hear Fred Griffin 

May 10, 2016 12:15 PM
Rainmaker
1,659,305
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

I did read this in your blog and it was very interesting, but I must agree with the attorney

May 10, 2016 08:15 AM
Rainmaker
1,541,748
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I think, every state would have slightly different answer to this situation. For CA read Ryan Huggins - Thousand Oaks, CA comment. 

May 10, 2016 05:39 AM
Rainmaker
4,799,651
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

That's quite an interesting potential solution.  Though, I would think there needs to be another way to deal with this issue.

May 10, 2016 04:35 AM
Rainmaker
838,612
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Still sounds messy.

May 11, 2016 03:42 AM
Rainmaker
5,573,163
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Eve has the right answer..... 

May 11, 2016 12:36 AM
Rainmaker
4,334,732
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Okay, I will, Fred. You are just such a tease!

May 10, 2016 10:50 PM
Rainmaker
450,266
Brenda J. Andrew
ULTIMA REAL ESTATE - Corpus Christi, TX
Professional Realtor in Corpus Christi, TX

I'll have to check into this further with our board, but am so thankful for the post and the legal advice.  It is great advice.

May 10, 2016 10:44 PM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you.

May 10, 2016 10:38 PM
Rainmaker
6,857,178
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thanks for the answer.

May 10, 2016 10:22 PM
Rainmaker
3,368,106
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

What a great solution and yes, make sure the buyer agent agreement is in place first to protect you. 

May 10, 2016 10:18 PM
Rainmaker
3,070,584
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Interesting!

May 10, 2016 10:02 PM
Rainmaker
936,854
Peter Mohylsky. BRIX REALTY
Miramar Beach, Florida - Santa Rosa Beach, FL
BRIX REALTY -DESTIN

Thanks for the information and the interesting way you presented it. 

May 10, 2016 09:47 PM
Ambassador
3,060,003
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I guess it depends on various state laws.  We have to have three documented attempts to and then we are allowed to go directly to the seller.

May 10, 2016 03:05 PM
Ambassador
3,986,910
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I do believe the board could help in this matter and at least aid in filing a complaint.

May 10, 2016 02:55 PM
Rainmaker
2,007,235
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I think this is a great discussion

May 10, 2016 02:26 PM
Ambassador
3,724,022
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Hmmm.  Maybe we need a rewrite of the section of the NAR Code of Ethics governing these situations.

May 10, 2016 02:10 PM
Rainer
216,063
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

If a Seller's agent is MIA, then I would think the managing broker would be the one to contact.  I can't agree that sending the Buyer is wise.  Interesting scenario.

May 10, 2016 01:47 PM
Rainmaker
2,442,558
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

I like her style, and I would definately get the commission letter signed.

May 10, 2016 01:25 PM
Rainmaker
1,771,442
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

What a great story Fred. I learned from you.

May 10, 2016 12:48 PM
Ambassador
1,831,273
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Thanks for the follow-up, Fred.

May 10, 2016 10:38 AM
Rainmaker
3,986,000
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I disagree...If you try hard and get no where with anyone from the company yoiu CAN go directly to the seller.  But, the time span needs to be at least 24 hours.  Then let the seller know and ask how THEY wnat to proceed

May 10, 2016 09:52 AM
Rainmaker
1,157,535
FN LN
Toronto, ON

The attorney was very creative.

May 10, 2016 08:05 AM
Rainmaker
1,683,406
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

That's an interesting response.  It depends on what kind of attorney they are.  Some are not well studied in Real Estate, so there have been times when they have given poor advice.  We always check with the Real Estate Board in  our state, who have attorneys there to answer our questions.  Only the Managing Brokers are allowed to access them.

May 10, 2016 07:58 AM
Rainmaker
1,748,738
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

As I mentioned in the other post, I remember our board attorney screaming NO for any reason (IL).  A dilemma that I'm sure everyone will face someday. Better find out what to do in your state.

Excellent thread Fred.

May 10, 2016 05:03 AM
Rainmaker
864,358
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

I would not, but if I did present the offer to the seller directly, I would make sure the listing broker was present. 

Patience is a great virtue. 

May 10, 2016 04:56 AM
Rainmaker
5,764,567
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Glad your post was featured, and thanks for the research you did.  A

May 10, 2016 04:03 AM
Rainmaker
1,525,355
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

I would not do it.

May 10, 2016 03:00 AM
Rainmaker
292,585
Jack Lewitz
Exit Strategy Realty - Evanston, IL

I would not stop there with buyer trying to present offer to seller . I would find out Who is the managing broker? making a complaint to the managing broker and filing a formal complaint to your board?

May 10, 2016 02:34 AM
Rainmaker
3,334,673
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

I believe this was covered once in a CE class and may well vary state to state...here you are licensed as "an agent of the Seller" and may well deliver the offer.

May 10, 2016 02:32 AM
Ambassador
5,612,369
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Good bit of info Fred, good that you sought the advice of an attny.

May 10, 2016 02:25 AM
Rainmaker
290,619
Allie Angeloni
Long Realty - Oro Valley, AZ

Great follow-up on your original Blog Fred Griffin - I learned something new today, and did not know that!  Thank you for sharing Attorney Tonya's comment.

May 10, 2016 02:20 AM