Posted by LeAnne-WA on August 15, 2003 at 18:35:36:
Clair-
I understood what you said, so… no worries!
In this particular scenario, the seller is represented by an agent and the buyer isn’t. The buyer went to present an offer through the sellers agent, and she (the agent) wouldn’t present it to him because it contained “and/or assigns” after the buyer’s signature. The agent tried to tell the buyer it was illegal. The buyer came to me to ask b/c she knew I used to be an agent myself. What I tild her was that if the contract didn’t specifically forbid assignments, it was assignable and next time, to present it through her own agent whom would be trained in her way of thinking to begin with.
URGENT! … Realtor and Assignments - Posted by LeAnne-WA
Posted by LeAnne-WA on August 13, 2003 at 15:59:38:
A “what if” scenario-
If I write up an offer and include “and/or assigns” does the Realtor HAVE TO present my offer? Or can he/she decline to present it unless/until I take it out?
Re: URGENT! … Realtor and Assignments - Posted by Brent_IL
Posted by Brent_IL on August 13, 2003 at 22:15:28:
The entire "Does a REALTOR® have to present offers? question is moot. I would imagine that is every state he or she must present all offers. The question is, ?If he?s not on board, do you want him to??
?Mr. Seller, as your agent I have a duty to present all offers, no matter how stupid they are. This mellonhead wants to make a screwball offer, hope you are desperate enough to take it, and then assign the contract to someone you don?t know to make a quick buck at your expense. The offer is for $xxx,000. Even though I?m sure I know your answer, what do you want me to tell this idiotic shyster??
As Clair told you, the solution to dealing with uncooperative RE agents is another agent who is cooperative and wants an easy commission. Not just any agent, but an agent that you have ?schooled? in your ways.
If he doesn’t like “and/or assigns,” rephrase it. You might ask the seller to deed the property to a land trust and sell you the beneficial interest. It costs a small recording fee. Who is to say that you can’t sell the personality interest before settlement? I’m absolutely convinced that one key to CREI success is the ability to find alternative ways to accomplish the same old thing.
Re: URGENT! … Realtor and Assignments - Posted by Clair-MO
Posted by Clair-MO on August 13, 2003 at 18:14:56:
LeAnne, Realtors have to bring all offers to the owners if they don’t I would call their Broker up and speak with the Broker about any problems that the agent might have with your assignment clause. If the broker isn’t willing to cooperate then go to another realtor to see if he or she is willing to present it to the owner. If you bring another realtor into the picture that means that the original listing agent is going to have to split his or her commission with your buyer’s agent. You might call the Board of Realtors and see if you can speak with someone about the problem if there is a problem. Agents hate when you get the Board of Realtors involved in the dispute. Because the agent or the broker can lose their lienses.
Re: URGENT! … Realtor and Assignments - Posted by Steve Smith
Posted by Steve Smith on August 15, 2003 at 14:44:33:
No REALTOR organization has the authority to revoke a license. That would be a function of a State real estate commission. Being a REALTOR is being a member of a professional association.
Re: URGENT! … Realtor and Assignments - Posted by Clair-MO
Posted by Clair-MO on August 15, 2003 at 17:50:06:
Steve, You need to re-read my post to LeAnne. I never indicated that the Board of Realtors are able to redraw an agent’s lience but if you complained enough the Board of Realtors will have a talk with the broker about the conduct of an agent Then if the investor need to he can call the State Commission about the situation. The State Commission will do what it has to do to clear up the problem. I think you read something into my comments if not I do apologize for not making myself clear, fair enough?
