California  |  Real Estate Law

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5/13/00, 1:16 pm

Legal Question


Obligation of Seller's Agent re Purchase Offer

My husband & I found a house that we were liked through an online MLS search. We have a buyer's agent who showed us the property, and we submitted a purchase offer for the full asking price, plus an additional $8000 to cover closing costs that the seller would in turn pay. Our credit is excellent, but we had not yet been pre-approved. Our offer was presented the same day we saw the house, and they were to respond by 8pm the next day. They didn’t respond by the deadline and for 4 days following our offer, the listing agent would only say that they were still considering it. After being strung along for so long, we gave up. When I asked the agent why they didn’t respond, she said they were about to counter when we cancelled, and if we wanted to resubmit, she would present it to the sellers. We did and AGAIN, no response. Two days later, we learned that they were expecting another offer and were holding an open house this weekend and the sellers would consider all offers at that time. Is this legal? I think she never presented our offer to the sellers, hoping that she’d find a buyer herself and be entitled to the full commission. Despite all we’ve been through we really love this house and would still like to buy it. Please help!


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