Seller's Agent Refused to present my offer. - Posted by Tom

Posted by Tom on July 13, 2002 at 23:18:45:

I found out why she is refusing to cooperate. When I did a search for her at the New Mexico Real Estate Commission web site, I found some very interesting info.

  1. She recieved her lisence the same day she bagan marketing the property (not listed on the MLS)

  2. She has her address as one of the condos of the property she is selling.

She has committed countless acts of fraud since we began dealing with her. If the property were not such an incredible deal, I would have walked after our first encounter.

I am afraid to bring everything up to the seller though. If he is allowing her to live and run her business out of his property, it seems to me there is some sort of personal relationship between them.

Before you ask, she could not have been one of his tenants who just happened to be an agent. He rents his condos out on a nightly basis.


Seller’s Agent Refused to present my offer. - Posted by Tom

Posted by Tom on July 12, 2002 at 21:58:01:

Is there anything I can do? She flat out told me “I am not even going to bother presenting this”.

She is not a Realtor, just a licensed agent. Can anything be done? Do I have to tape her saying this or something?


Re: It might be good - Posted by Ed Copp

Posted by Ed Copp on July 13, 2002 at 14:41:48:

to find out what the directions are, and then follow them. It has been a really long time since I have seen so much information in one post that is just incorrect.

It might be good to find out what an “exclusive right to sell” listing really is. This is the most common in the marketplace. This kind of listing does not require co-operation between brokerage firms.

Code of ethics, in most states is contained in the wording of the laws, and is a requirement.

Realtors do require co-operation between brokerage firms, BUT Realtors is a trade organization and has nothing to do with the law. It is a club.

The legal wording of a listing contract takes precedence over whatever you think the law should say, or who you want to punch in the teeth for that matter. The broker may very well have specific instructions to reject certain kinds of offers.

So if you are not well versed in the law, perhaps you might want to consider hiring someone who is to represent your interests.

What if she is an independant real estate agent? - Posted by Tom

Posted by Tom on July 13, 2002 at 10:26:17:

Thanks for all the ideas, and I am so angry that I do want to hit her in the pocketbook(preferably teeth).

She does not have a boss I can go to, she is independant. It was explained to me that because she is not a Realtor© she is not bound by a code of ethics.

Does anyone know who I would submit this notorized statement to in New Mexico (ie. chamber of commerce)?

Thanks for all the advice,

Re: Seller’s Agent Refused to present my offer. - Posted by nat

Posted by nat on July 13, 2002 at 09:40:57:


tell her if you don’t want to present the offer, it either you can work with me or i can work around you.(bronchick style) and if that does’nt solve the problem go to the board and report her.


Re: Seller’s Agent Refused to present my offer. - Posted by KL

Posted by KL on July 13, 2002 at 01:01:12:

I am an agent and I totally agree with Joe & Sean. If the Sellers Agent won’t present the offer, then go directly to the seller, then go directly to the Agents Broker!! In Arizona and Sellers agent is REQUIRED to PRESENT ALL OFFERS, regardless of how meager it may be. If the Agent refuses, go directly to the seller.
Call the agents Broker and explain what the agent said and voice your disagreement. Agents are bound by a strict code of ethics among other things. If it is an REO property go straight to the bank and present your offer, if they say to go thru the agent tell them you tried, but the agent was unco-operative. You can also go to your Local States Real Estate Board and file a complaint. Good luck, and don’t let this agent get away with this.

Re: Seller’s Agent Refused to present my offer. - Posted by JoeS

Posted by JoeS on July 12, 2002 at 23:02:48:

First of all ask why. Then if she still gives you an answer with an attitude then you merely go to the seller yourself with the offer. Explain to the seller that normally the agent that they are paying presents the offer but the agent refused. I have had that happen a couple of times. Most agents are good but a few have attitudes.

REALTOR® not Realtor© (nt) - Posted by Jim Kennedy - Houston, TX

Posted by Jim Kennedy - Houston, TX on July 13, 2002 at 17:45:09:


Agent’s legal obligations - Posted by John Merchant,JD

Posted by John Merchant,JD on July 13, 2002 at 14:32:20:

First, there’s no such thing as an “independent agent” because every agent works for, under the supervision of a Broker…and all business and fees in that office belong to the Brokerage…and he/she then pays the agents as per their contractual arrangements.

Second, every RE Agent has absolute legal obligation to pass along ALL offers to his client (who is client of the broker, legally)so if the agent in your case is NOT doing so, he/she is violating the law and RE regs in that state.

If I were you, and there, I would do three things: first I would contact the seller directly and take your offer to him/her so you know he/she has it. You have no obligation to deal with the agent. NONE!

Second I would present this matter and the facts about it to the NM RE Commissioner because that state officer has the obligation of enforcing the laws and regs of the licensees in that state.

Third, any maybe not in this order, I would immediatly find and contact the Broker in that office and let him/her know about this foul-ball agent. It’s the broker’s responsibility and he/she should recognize the problem his/her agent is presenting, and want to correct it right now.

Oh, and the non-MLS issue: every agent has to follow the state’s laws regardless of whether or not he/she is MLS member. MLS rules are just another layer of rules that its members must adhere to, but EVERY agent, whether MLS or no, has to obey the law.

Learn to play the game . . . - Posted by JoeKaiser

Posted by JoeKaiser on July 13, 2002 at 12:18:08:

When you’re dealing with listed properties, you need to have your own agent doing the agent things, like connecting with the seller’s agent. You’re on the outside looking in . . . deals rarely happen that way and when they do, you miss out on all the good things having your own agent can bring to the table. Since it’s a listed property, the seller is already paying a commission so your agents work on your behalf is essentially FREE.

Why would you ever want to make an offer through the listing agrent?

A “notarized” statement is not better than one you’ve simply signed. Notarized doesn’t make it any more meaningful or special. If you really want to supercharge your statement, you have your attorney send it on his letterhead.

Agents may not be Realtors, but they most certainly are licensed by the state. It’s not a chamber of commerce kind of thing or an ethics kind of thing . . . it’s a licensing kind of thing. That’s who decides who gets to keep his or her license or not.

Learn how to play the game and then go do it. It’s just too much work otherwise.


Re: Seller’s Agent Refused to present my offer. - Posted by Sean

Posted by Sean on July 12, 2002 at 23:43:41:

How mad are you?

We tried to tender an offer on a property in NC and the agent gave us the same attitude. She was so rude to my wife that I wanted to hit her back in the pocketbook. (Actually, I wanted to hit her in the teeth but that wouldn’t have been very productive.)

We went directly to the seller with a notarized sworn statement that their agent refused to present the offer. We offered to testify to this effect before the realtor’s board or any court if necessary. He called and fired the realtor for breach of contract.

Happily, the seller accepted our offer (which we had further dropped by the almost the entire amount of the realtor’s commission).

If you are really mad you could write up a letter, have it notarized, and tell the agent or better yet, the agent’s boss that you intend to send it to the Secretary of State’s office (or whoever regulates agents and realtors in your state). If you are just annoyed, then don’t waste any more life-energy-units on this agent and just deal directly with the seller.

Best of luck!

Re: REALTOR® not Realtor© (nt) - Posted by Hank

Posted by Hank on July 13, 2002 at 19:33:00:

How in the heck do you conjure up symbols that aren’t on the keyboard?

Re: Agent’s legal obligations - Posted by March - Dallas

Posted by March - Dallas on July 13, 2002 at 16:34:25:


Here’s some basic data re the New Mexico RE Commission
in case you decide to take the next step…

NM Real Estate Commission

1650 University Boulevard, Suite 490
Albuquerque, NM 87102
(505) 841-9120 or (800) 801-7505 Fax: (505) 246-0725 or e-mail us at:
Using the above search engine from the NMREC should return all of the fields listed below on your agent:

Name: Last First Middle
License Type
License Issued
License Status
City State Zip

In any case, don’t lose sight of your goal - buying the house!

Good Luck…


Re: REALTOR® not Realtor© (nt) - Posted by Brad Crouch

Posted by Brad Crouch on July 13, 2002 at 22:06:01:


As Jim Kennedy says, this works in Word.

But if you are using a different word processing program or editor, this is the “conventional” way:

Alt + 0169 = ©

Alt + 0174 = ®


Conjuring Up Symbols. - Posted by Jim Kennedy - Houston, TX

Posted by Jim Kennedy - Houston, TX on July 13, 2002 at 20:17:41:

® = CTRL + ALT + R
© = CTRL + ALT + C

Also, I use Microsoft Word as my word processing program. On the toolbar, click on “Insert”, then select “Symbol”. You’ll find some interesting symbols. I can type “Just my 2¢” instead of having to type “Just my $.02”. Our British friends can let us know how many £’s they profited from a deal. Our Japanese friends can do the same in ¥. And lawyers use the “§” symbol quite a bit.

Not all web sites are able to display all of the symbols that are available. I’m no 'puter expert so I can’t tell you why.

Hope this helps.

Best of Success!!

Jim Kennedy,
Houston, TX