Can A Buyer's Agent Present Your Offer To The Seller in Texas?

By
Real Estate Agent with Coldwell Banker United Realtors® ~ 512.750.6899

Can a Buyer’s Agent Present Your Offer to the Seller in Texas?

 

In Texas usually the buyer and their agent go over contract forms and complete an offer. The buyer’s agent usually delivers the offer to the listing agent to present to the seller. The seller has the option to accept, reject or counter. Every state has their own guidelines and practices do vary. That is why it is important to understand the real estate environment and practices when you relocate from state to state.

In todays market with multiple offers some buyer agents in Texas are asking to present the offer directly to the seller. Can a buyer agent make this request? Absolutely! However the seller has the right to agree or not to agree to meet with the buyer’s agent. The seller needs to put the denial or agreement instructions in writing to their Listing agent which can be made available to the buyer’s agent.

Inquiring minds want to know the answer to this question, so if you go to the Austin Board of Realtors website you can read for yourself  in Article 111 on Selling Procedures:

#3.3  Right to be Present at Presentation of Offer

The cooperating Participant (including Subscriber) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evaluation of that offer by the seller or lessor and the listing Participant. However, if the seller or lessor gives written instructions to the listing Participant that the cooperating Participant not be present when an offer the cooperating Participant secured is presented, the cooperating Participant has the right to a copy of the seller’s written instructions. None of the foregoing diminishes the listing Participant’s right to control the establishment of appointments for such presentations.

Remember real estate is local. Let me put my expertise to work for you!  If you are reading this post and have a home to sell in NW Austin I would be happy to help you. We bring high tech touch to home sales and market your home to millions of customers across the internet and right here in Austin. Give me a call for a free evaluation of your home’s value at 512-346-1799.

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Rainmaker
359,756
Erick Blackwelder
Cell: 703-677-1120 - Woodbridge, VA
Text or call Erick now at 703-677-1120.

Lenn Harley and I go back to the stone age when a Northern Virginia contract was on legal size page on NCR paper, front and back, "Sign here, press hard, fifth copy is yours".

We didn't have buyer agency in those days, so all of us working with buyers were sub-agents of the listing agent, with a duty to disclose anything the buyer said to the sellers.

Even then, any extra terms or changes were put down in writing.

Erick Blackwelder
Washington DC Suburbs

Text or call 703-677-1120

Equal Housing Opportunity

Aug 06, 2013 11:57 PM #22
Rainer
105,375
John Crider
Premiere Plus Realty, Co. - Naples, FL
"Experience The Difference"

Great post Dorie. I represented a Canadian buyer, who is also a Broker. He demanded that I present directly to the seller, which I believe is standard in Canada. The listing agent objected, the listing Broker objected and the seller objected. My buyer pulled his offer saying he only trusted me to present his offer. After several months of discussing market differences, practices & protocols, he finally purchased. Yes, location makes a huge difference.

Aug 07, 2013 12:06 AM #23
Rainer
220,151
Suzanne Otto
Six Twenty Designs - Lansdale, PA
Your Montgomery County PA home stager

I wouldn't think most sellers would be comfortable meeting directly with the buyers agent.

Aug 07, 2013 12:56 AM #24
Rainmaker
647,673
Team Honeycutt
Allen Tate - Concord, NC

In North Carolina the process is similar to your description in the first paragraph.  Only on rare occassions does a buyers agent present an offer to a seller. 

Betty

Aug 07, 2013 01:49 AM #25
Rainmaker
654,472
Bill Reddington
Re/max Southern Realty - Destin, FL
Destin Florida Real Estate

Agents presenting offers in person comes and goes. When I first started in real estate it happened more often in person. Today not so much and as always seller does have the choice whether in person or not.

Aug 07, 2013 02:00 AM #26
Rainmaker
175,597
Trisha Bush-LeFore
Preferred Properties Land & Homes - Walla Walla, WA
Providing Realtor Services in the Walla Walla Area

I have seen this happen on those darn reality TV shows more than I have seen it happen around me. :)

Aug 07, 2013 02:42 AM #27
Rainer
247,900
Gerard Gilbers
Higher Authority Markeing - Asheboro, NC
Your Marketing Master

Great information. I would bet that most people don't even know that the face to face presentation is available.

Aug 07, 2013 03:24 AM #28
Rainmaker
58,563
Diana Turnbloom
Escrowcoord.com - Martinez, CA
The Leading Expert in TC Services & Education

My Hubby tells the buyer's agent, "The sellers have requested all offers be presented to their broker/agent directly." This is also noted on the listing agreement so we can show the buyer's agent if anyone wants to take it further (they never have!). Great post Dorie!

Aug 07, 2013 03:28 AM #29
Rainmaker
646,736
Tanya Van Blake-Coleman
Van Blake-Coleman Realty, St. Thomas/www.talk-to-Tanya.com - St Thomas, VI
Improving the Quality of Your Life

In the Virgin Islands, because so many of our sellers and sometimes buyers as well,  are not on island there are rarely face to face presentations of offers and even rarer that the buyer's agent is present.

Aug 07, 2013 03:53 AM #30
Rainmaker
515,591
AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

Dorie - As all things are in real estate, customs are very local.  Here in Northern Va, the buyers agent can ask to present, but it is a very rare occurrence.  However, we don't have it written into the local code as the Austin Board of Realtors has.  Great post.

Aug 07, 2013 04:00 AM #31
Ambassador
1,613,975
Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

We can present the offer to the seller if we cannot get hold of the listing agent.

Aug 07, 2013 04:35 AM #32
Rainmaker
1,181,300
Adrian Willanger
206 909-7536 AdrianWillanger-broker.com - Seattle, WA
Profit from my two decades of experience

Hi Dorie-

I have to laugh after reading all the remarks, Oh how the purchase and sale forms have changed. I can remember driving around at all hours of the night getting signatures. Our multiple has the same rules as yours regarding presenting offers. Thanks.

Aug 07, 2013 06:28 AM #33
Rainmaker
1,004,738
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Dorie, I must admit that when I moved from the Cleveland real estate market to the Fort Worth/Dallas market... the absence of the ability to present my own buyer's offers to the seller and their agent was a MAJOR surprise.

In Cleveland, I would write an offer with a buyer, then call the seller's agent, and have that agent set up a contract presentation between myself, and the seller's agent, and the seller.  It was incredibly efficient.  The seller and her agent still had complete control over everything, but if, during the reading and presentation of that contract, questions came up, I, the buyer's agent, probably had answers.

I also really liked it in reverse, as well.  As seller's agent, the buyer's agent would call me, and I would set up a presentation with myself and the seller, and the buyer's agent... all at the same table at once.  It was marvelous, and worked incredibly well.

THAT... was something that took quite a while for me to adjust to here in Texas.  And actually, without that happening... I really, truly think it is the seller's loss, as well as for everyone all the way around.

But... the local agents, both buyer and seller's agents, would have NONE of it.  So that's the way it stayed.

Aug 07, 2013 07:10 AM #34
Rainmaker
651,800
Bobbie Smith
Stroudsburg, PA
570-242-1891

Dorie, Great information for Buyers and Sellers to know. I know when it has happened to me, my sellers have declined feeling that the buyers agent would be to "pressure oriented" and I have suggested they have their client write a letter instead. This seems to have satisfied both. Interesting!

Aug 07, 2013 09:03 AM #35
Ambassador
3,844,107
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Dorie, I have not heard of that being done around here, so this is another good example of how things are done differently between states.

Aug 07, 2013 10:10 AM #36
Rainmaker
2,276,647
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Unless you are pretty sophisticated buyer, you better be represented by a profession. I don't think much about being my own doctor. There is no difference. Great post! 

Aug 07, 2013 10:10 AM #37
Ambassador
1,542,073
William Johnson
Retired - La Jolla, CA
Retired Real Estate Professional
Hi Dorie, I haven't heard this conversation in a very long time. The last time I presented a Buyers Offer was nearly 10 years ago. I haven't had a request to present to the Sellers on my listings in more years than I can remember.
Aug 07, 2013 04:41 PM #38
Rainmaker
1,800,158
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in North Kingstown RI and beyond

Dorie, I can so understand the need to do this presentation and it is allowed in RI too but rarely used...it depends upon the agent but I would insist on presenting it with certain Realtors.  There may come a time to do it.

Aug 07, 2013 10:14 PM #39
Rainmaker
484,423
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS

Good blog Dorie, this is happening more and more often.

Aug 07, 2013 10:25 PM #40
Rainmaker
724,201
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Dorie-Unless the offer is truly unique, I don't see what benefit gained by the Buyer's Agent presenting it in person. Even if the Seller's agree to such a presentation.

Aug 08, 2013 12:57 PM #41
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Rainmaker
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Dorie Dillard CRS GRI ABR

Serving Buyers & Sellers in NW Austin Real Estate
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