Our listing agreement state we will not say a seller will take less then listing price, unless authorized to do so in writing. Then we see in MLS such things as "seller is motivated, bring all offers". Are we not saying seller will take less then list price by making that statement?
The Texas Association of Realtors®, has the form TAR 1412, "Seller's Authorization To Release and Advertise Certain Information." Which is an excellent form to use in this type situation.
We are duty bound not to imply negotiation or anything less than the sales price unless so approved by the sellers. In the event they wish to have this language and things like motivated, etc. you must get it in writing with the seller's signature(s) for documentation. To put that language does say - we will take less. Nice debate question.
Hi Richard: You bring up a very good point. I will be curious as to how others respond to this.
:)
I wouldn't put that unless the Seller wanted me to, although it isn't really saying they will TAKE a lower offer. It's kind of like those ads for big car sales where they say "all applications accepted". They don't say they will take the deal, just that they will accept the application.
Richard,
I never use it and believe that it is truly implied in real estate.....if the Buyer's Agent does their job in explaining the market then the offers should be ones that can be negotiated in most cases.
Hi Richard... Thanks for bringing this topic up. I use TAR-1412 in my Short Sale business and I am amazed how often other agents do not even know that this form exists for their use.
Steve,
Thanks for your comments. I also think the 1412 is a great form to have the seller complete.
Erica,
Thanks for your commetns. I also cringe when I see those words in mls.
Dan,
Thanks for your comments. I think what you say is true.
Connie,
Thanks for your comments. In desperate times people will look for any reason to bring action aganist you. Your comments were right on.
Matt,
Thanks for your comments. I to hope many others will let us know how they feel about this situation.
Maybe that phrase does make a seller appear desperate, but so what! People put their houses up for sale because they want to sell them...no secret there. How do we know what their reasons are...maybe there was a death and the surviving owner can't afford the house anymore...it can be any reason. I've found that buyers don't make a low offer on a house for fear of insulting the owners...again, so what!...make the offer, you never know. Thus I see nothing wrong with writing,"seller motivated or bring all offers".
This is real good information - thanks for sharing, I'll be sure and pass it on
| Ed |
| Thank you for thanking me, and I hope you got something of benefit and that you will pass it on to others |
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