Margaret Scott, Listing agent, first time buyers and property mana (Grace Realty Solutions LLC)

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Rainmaker
956,521
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Hopefully the TX Brokers will respond to this, but I don't believe that the listing agent can compel you to use a certain lender and I don't believe the law allows you to pick an appraiser. So you need to contact your broker, possibly Legal, get Statute handy and then tell the agents broker that you're going to file a complaint against every single one of them if they don't get real. Hold their feet to the fire.

BUT FIRST. Make sure your client really wants this home. Because the way somebody does something is the way they will do everything, and the worst case scenario may actually be that you get under contract with these people.

Nov 25, 2018 04:21 AM
Rainmaker
4,584,745
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I'd take this up with your broker in charge to run some interference. Part of what you have to sort out is whether those demands are coming from the listing agent or the agent's client... the client can ask for anything they want. But it might mean they don't get their house sold (at least not to your client).

No one can insist on a specfic appraiser... buyers and lenders don't select them... the lender puts in an order for an appraisal and also does not "select" a specific appraiser. This alone would have me wondering if they know the house is overpriced.

Nov 25, 2018 04:16 AM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Since you're both brokers and there is no recourse there, I would reach out to someone at the Texas REC.  This is not only unacceptable behavior, it's unethical. 

I have actually had buyers, who on their own, decided to present their Offers directly to the sellers...and the sellers had never received the Offer from their agent. 

Good luck!

Nov 25, 2018 06:27 AM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

       If you have a fiduciary with your Buyer, that fiduciary probably overrides any NAR COE or other "rules" that keep you from contacting the Seller directly.  

      As others advised, contact the Broker of the listing agent.  If that fails, get legal advice about contacting the Seller directly.   

     Also, if the Listing Agent is demanding a "certain lender and appraiser", that may violate the law.  "Wanting" is one thing; requiring is another.  See a real estate attorney.

Nov 25, 2018 05:01 AM
Rainmaker
1,072,028
Doug Dawes
Keller Williams Realty Evolution - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Huh??? Does Texas have a State Realtors Association? In MA our State Association has a free legal hotline where we can ask legal advice. But I think you should go to the managing broker of your office. No one can compel your client to use a particular bank or loan type AND your buyer has the right to have their own home inspection.

Nov 25, 2018 05:39 AM
Rainmaker
4,421,980
Richard Weeks
Dallas, TX
REALTOR®, Broker

Sounds like this LA is being unrealistic.  While you cannot contact the seller they is no issue if the buyer reaches out to the seller.

Nov 25, 2018 04:37 AM
Rainmaker
4,312,782
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

A broker-to-broker discussion should take place. It appears this is likely appropriate at this time. Good luck.

Nov 25, 2018 06:34 AM
Rainer
3,080
Margaret Scott
Grace Realty Solutions LLC - Odessa, TX
Listing agent, first time buyers and property mana

I failed to mention that I am a broker and so is she. She’s known all over town for doing such things as this.
The reason I posted this question is because I keep thinking, “ is there something I am missing.”
Sure wish that Texas would ad to the contract that a seller has to reject or counter in writing and sign it. There are a lot of people in this area doing the exact same thing. It’s my understanding that this one in particular does this so that people in love with a home will just come use her for both sides. Everyone in town knows she does this sort of thing but she continues to get away with it.

Nov 25, 2018 05:43 AM
Rainmaker
3,394,576
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I would be up frot with my buyer. I would then contact the managing broker of that office. FIrst, they can not make you use any specific lender. Just like you cant make their seller sign your offer. Keep all communication in writing and make the offer yuor buyer wants and that protects them

Nov 25, 2018 05:33 AM
Rainmaker
874,868
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I'd mail a copy of the offer to listing agents broker. Check with your broker. Sellers are not required to initial offers or provide proof that they have seen offers here.

Nov 25, 2018 04:42 AM
Rainmaker
712,144
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

You have a lot going on here. But I can only answer you based on Arizona rules and regulations. Some rules may be universal.

1. You may have a rule that says that listing broker MUST present the offer in 24 hours. You may have the right to request the seller's signature as received. If not, inform the listing agent that YOU will be presenting the offer yourself directly to the seller. Your buyer may present the offer to the seller directly without even the agents present.

2. LA cannot demand anything - period. Certainly not an old inspection - that would be stupid, and cannot force the lender to use a specific appraiser. The answer is NO to everything.

So setup a meeting with the seller.

Maybe it's time you get your Dept of RE involved as well as your association, and perhaps an attorney. 

Nov 25, 2018 06:45 AM
Rainmaker
2,701,865
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

If you are up to it, engage this. However, finish what you start....To help you have courage & faith, know that she is begging to be stopped and is bound by these behaviors until then...Find your footing (objectivity) & then enter-in

Nov 25, 2018 06:31 AM
Rainmaker
1,776,962
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

Seems like she is pushing you & your offer away. Think of it as a counter & don't stop. Say ok to the closing even if you don't think it will happen. 

She can't make you use any lender, it is your buyers choice. She also can't make you use an old inspection. Per our contract, your buyer is entitled to their own.

Seems like she is pushing for a quick close. Possibly loosing the listing? Just pushing you for the optimum for the seller?

Don't give up keep going like it never happened. Counter back.

Nov 25, 2018 05:57 AM
Rainmaker
1,458,513
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Someone needs to take Ethics again.

Nov 25, 2018 05:15 AM
Rainmaker
4,644,449
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

For me, with no other details, I would advise my clients to move on! For snicks, I would follow the proerty. Chances are it will be available after your clients are settled in their new home. Then, I might call the sponsoring broker with a heads-up!

Nov 25, 2018 05:06 AM
Ambassador
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

There is no perfect solution ... this kind of crap takes place in all markets. What you are missing is that this kind of crap does take place and little, if anything, can be done ... even if/when complaints get filed. 

 

Nov 25, 2018 09:54 AM
Rainmaker
538,526
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

New mls rules just recently passed by nar allow buyer agents to demand a confirmation from the seller that the offer was presented. Check out the rules, they are on your side.

Nov 25, 2018 05:43 AM
Rainmaker
920,078
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

It is confusing to me that any agent in the business would think this outcome is the design of the listing agent.

Only those seated at the dining room table know what was agreed upon when the agent agreed to  assist the owner in selling this house. 

I also would tell a buyer agent to 'go pound sand' when a 'prove it' demand is delivered.

Nov 25, 2018 05:17 AM
Ambassador
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Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Be the first to report her if you suspect she is not presenting an offer.  Honestly, how can she expect you to get to a lender to close a loan that quick if she won't even have her clients counter the offer.  

Nov 25, 2018 10:20 AM
Rainmaker
1,715,308
Mike Cooper, Broker VA,WV, MD
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Margaret, unless Texas is a lot different than VA, she can't require you to use any of her preferred vendors. This might be one for arbitration if she doesn't relent. 

Nov 25, 2018 10:15 AM
Rainmaker
1,058,073
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Lots of good advice here. Key is how badly your client wants this house.  An accepted offer will be the beginning of more limitations, demands and stipulations from that renegade broker.

As much of a bother that it is, you should follow up with a complaint to both your board, if she is a Realtor, and the licensing authority.

Be sure to keep good written notes so that you will have no problem in documenting your complaints..

Nov 25, 2018 08:57 AM
Rainmaker
716,518
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

You could escalate this to the board & put a complaint in with the state. 

Nov 25, 2018 08:05 AM
Rainmaker
1,679,275
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

Illegal for a seller or their agent to force you to use a specific lender. Based on all you have written, it may be time to have a sit-down with his broker with your broker present.

Nov 25, 2018 08:05 AM
Rainmaker
2,206,130
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

You need to report the listing agent to the local board and real estate commission.

Nov 25, 2018 07:36 AM
Rainmaker
4,799,732
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

You may need to bring this to the attention to your local board and/or the state licensing authority.

Nov 25, 2018 06:32 AM
Rainmaker
73,729
Ricardo Mello
Manhattan Miami Real Estate - Manhattan, NY
Manhattan & Miami Real Estate Agent

 Agree with Nina Hollander!

Nov 25, 2018 05:44 AM
Rainmaker
622,352
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

During the last recession, we had some agents require a pre approval with a specific lender in order to present, but they could not compel the buyer to use this lender for their purchase. If you have concerns, you could contact the managing broker directly.

Nov 25, 2018 05:41 AM
Rainmaker
1,045,215
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

I'm very late to this question and as my answers have already been given Debe Maxwell, CRS  & Candice A. Donofrio  I don't have anything helpful to add.. best of luck Margaret Scott 

Nov 28, 2018 07:39 PM
Rainmaker
2,069,797
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

No kidding? 

I cannot believe it.

Nov 25, 2018 09:05 PM
Rainmaker
1,598,230
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

I could not believe it, that coudl be. 

Agree with all answers. 

Nov 25, 2018 07:28 PM
Rainmaker
5,581,578
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

this is why all of our clients have an attorney.... and that agreement is subject to review by the attorney.... there's no point in haggling with a brain-dead broker... 

Nov 25, 2018 08:47 AM
Rainmaker
1,708,245
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

This is why you pay a broker.

Nov 25, 2018 07:09 AM
Rainmaker
5,769,262
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Margaret,

We agree with Candice A. Donofrio , and Nina Hollander , as well as the rest of the wise voices that have givern their advice.  A. 

Nov 25, 2018 07:08 AM
Rainmaker
937,991
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Margaret, it is difficult to deal with other agents/brokers who do not follow the rules, especially when you don't what their actions to affect your buyers ability to purchase the home of their dreams. Lots of great advice here.

In regards to what the LA wants, I am sure none of that is in writing on the offer, other than the COE date, so I would just continue on with the transaction normally, if you get the offer accepted, and not worry about using the LA's lender or an old inspection.

Nov 28, 2018 09:21 AM
Rainmaker
508,859
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

Margaret,

I think the problem is there's no way of knowing whether she presented the offer to the seller or not.  It's like your word against hers.  I would pick the phone and call TAR legal hotline.

Nov 26, 2018 02:57 PM
Rainer
360,067
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

I can close a jumbo loan purchase in 15 days why can your lender not perform? 

An old inspection if not useful for a lender, lender must use the appraiser from the secondary source and be removed from the whole process. Using a specific appraiser is a big violation and fines.

My thought is listing wants to control or double end the deal. I also suspect the seller and listing think the house won't appraise for sales price. If your buyer has extra cash and the desire dream to move forward perhaps you don't stop them from knocking on the seller's door

Nov 26, 2018 12:40 PM
Rainmaker
855,372
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

So put an end to it once and for all! This kind of behavior gives us all a bad image. Somehow the sellers need to be aware that their agent's modus operandi is not in their best interest. Sounds like the LA is trying to line up his/her own buyer.

Nov 26, 2018 06:46 AM
Rainmaker
790,770
Bob Force (REALTOR®)
Weichert Realtors - Aspen Hill - Mount Airy, MD
The FORCE in Maryland Real Estate

I like Richard Weeks answer.

Being a Md Realtor, I am not aware of TX law; but in MD Realtors association has a free legal hotline.

Nov 25, 2018 08:28 PM
Ambassador
3,088,853
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Depends on the market.  Do they have other offers?  But I'd have my broker call her broker to check to see if the offer was presented.

Nov 25, 2018 08:21 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

You may want to insist on presenting the offer in person.

Nov 25, 2018 04:33 PM
Rainmaker
516,974
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

Request any response, even a rejection be in writing. That way you know the seller has seen it.  Include a cover letter stating why you need the time and terms you need and how they are "customary" as part of the offer.  The seller decides what they accept, not their over the top broker. 

Nov 25, 2018 04:20 PM
Rainer
365,709
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

Here we can request to be present when thenofders are presented so you can be certain your clients’ offer is presented to the sellers. I think that would be my first step if your client wants the property. 

Secondly, this sounds like it toes the line on RESPA. 

So I think checking in with a RE attorneybin your area is a good measure as well as the TX RE Commission. 

Nov 25, 2018 03:38 PM
Rainer
318,158
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

In your shoes I would contact the listing broker to make sure that my offer had been rejected by the clients and not the agent.

Nov 25, 2018 02:59 PM
Rainmaker
7,143,118
Roy Kelley
Retired - Gaithersburg, MD

Good luck.

Nov 25, 2018 01:37 PM
Rainmaker
1,375,838
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

In CA, you can request to be present for the offer presentation and it has to be accommodated. Can you call her Broker?

Nov 25, 2018 01:01 PM
Rainmaker
1,440,431
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

NAR has passed a change to their COE that requires agents to send a confirmation of presentation of offer when requested.  It'll be a while before it trickles down to the local association level though.

 

If she's doing this to that many people, I'd say an anonymous tip to the CFPB is in order.  Requiring a specific lender is a big no-no.

Nov 25, 2018 11:47 AM
Rainmaker
2,119,188
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I'd take it to the State RE commission Margaret Scott .

Nov 25, 2018 11:27 AM
Rainmaker
5,411,375
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I had a LA do this earlier this year.   Our contracts states the LA MUST present all offers, but don't have to show they did.  Pretty silly, think the rules need to change here.

Nov 29, 2018 05:21 PM
Rainmaker
4,416,693
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

What, that agent should know better.

 

Nov 29, 2018 12:04 PM
Rainer
154,811
Anthony Kirlew
Group 46:10 Network @ eXp Realty - Gilbert, AZ
Helping You Make Fiscally Sound Real Estate Deals!

There are several places where you can file a complaint or grievance:

First, it sounds like she is violating at least one NAR Standard of Practice by not submitting the offer.

Secondly, if this person has a reputation, perhaps others would join you in filing a complaint with the local Association of Realtors or licensing board. And even if not, you can file a complaint based on your current curcumstance.

Best wishes!

Nov 28, 2018 10:38 PM
Rainmaker
3,986,000
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I would not put up with that and you should get your broker involved

Nov 28, 2018 05:49 PM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Nov 26, 2018 04:02 PM