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

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.

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

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

Wow, glad we don't use lawyers here!

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.

I am glad to hear Fred Griffin 

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

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

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

Still sounds messy.

Eve has the right answer..... 

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

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.

Thank you.

Thanks for the answer.

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

Interesting!

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

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.

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

I think this is a great discussion

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

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.

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

What a great story Fred. I learned from you.

Thanks for the follow-up, Fred.

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

The attorney was very creative.

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.

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.

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. 

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

I would not do it.

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?

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.

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

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.