Special offer

Get the Seller's Instructions in WRITING

By
Real Estate Agent with Cedar Rapids/Iowa City, IA KW Legacy Group S44645

Get the Seller's Instructions in WRITING

 

There is a fine line that we walk when dealing with possible multiple offers.  If you have an offer in your hand but there is an agent that has called to tell you that they "will be sending you an offer", at what point do you let the first agent know that they are competing?  First of all, it isn't the AGENT's decision.  It is the SELLER's decision.  It is the listing agent's responsibility to let the seller know the pros and cons of trying to have multiple offers on their home. (In my experience, the other "offer" does not exist until I have it in my hand, or in my email...until I physically have it, the seller does not know about it.  There have been too many times where I was told that I would be receiving an offer only to find out later that the buyer changed their mind.)

 

Here is the scenario.  The house has only been on the market for a couple of days.  Many showings, lots of interest, agents telling you to "let them know if an offer comes in on the house", but nothing on paper.  You receive an offer, it isn't full price and there is a second showing this afternoon.  

 

Question 1: Do you tell the agent that is showing the house to the buyers for the second time that you have an offer in hand prior to the showing?

Question 2: Do you tell the buyer agent that submitted the offer that there is a second showing this afternoon?  

 

The answer is: it is up to the seller.  It is only the listing agent's job to educate the seller on what could possibly happen in either case.  The offer that has been submitted could withdraw because they don't want to compete.  The 2nd showing could be canceled because the second buyer doesn't want to compete.  Then instead of having an offer in hand and another possibly on the way, you have none.  It is a tightrope and my crystal ball is always on the fritz!  :)


I let my seller decide their risk.  And then I have them put it in writing before I talk to any agent.  It is not my call, not my decision.  I can only provide my experience and let them decide.  Some sellers may ask you to call any agent that has shown the house to let them know that you have an offer.  This is referred to as "shopping the offer" or trying to get a better one.  

 

The fear of loss is real for buyers.  But it can also frustrate the qualified buyer that submitted an offer.  Remember at any time, a buyer or seller can withdraw their offer or counter offer before the other side can respond.  It is an "at-will" agreement.  Nothing is final until all the signatures are there and all parties have received a copy.  It is better to have the seller's instructions in writing so that if it does not unfold the way that they had hoped, they cannot blame the agent.

 

Every seller and every transaction is unique, what is important to one may not matter at all to another.  Our job is to represent the seller in their best interests and navigate the transaction through to the closing.  We provide the knowledge, the seller makes the decision.  If you would like me to show you how I would represent your home, please contact me anytime to schedule a FREE home seller consultation.  I would love to work with you!

 

Keep smiling!

 

Karen

 

 

Posted by

 

Karen Feltman, REALTOR®, ABR, AHS, CHMS,                                                                      CNE,CRS, e-Pro, green, GRI, SRES, TRC

Keller Williams Legacy Group

4850 Armar Drive SE Ste B

Cedar Rapids, Iowa 52403

Email: karenfeltman@gmail.com

Mobile  319-521-0701

www.KarenFeltman.com

Licensed in the State of Iowa

© 2010-2021 by Karen Feltman, Cedar Rapids/Iowa City Relocation Specialist 

Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Richie Alan Naggar Timing is everything.  If I am negotiating an offer and receive word that another is on the way, the second agent knows that an offer exists and the clock is ticking.  The seller is advised of interest but until that second offer materializes, mum is the word to the first buyer.  Thank you for reading.

Oct 26, 2015 11:12 PM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Margaret Goss Agreed.  What sparked this post in the first place was exactly that.  An agent in my office was told by the seller to disclose that there was another offer.  All buyers backed out because no one wanted to compete.  The seller then blamed the agent and said that she did not explain the risk involved with that disclosure.  There is nothing in writing!  The seller canceled the listing.  We need to be careful.  We cannot make the decision for them, but we can advise of the risks, pros/cons and let them make the decision.  In writing.  Thank you for commenting.

Oct 26, 2015 11:15 PM
Kim Boekholder Utah Real Estate/ PECO
Results Real Estate 801.580.5624 - Draper, UT
Broker Results Real Estate/Leasing Specialist PECO

Great reminder to all of us.  I have often had buyers that say I do not want to get into a bidding war and will pass if the agent has told us they have another offer on the way or multiple offers.  On the listing side: I always wait until I actually have an offer before I tell my sellers.  I had way too many incidents when I first started: agents would call I'm sending an offer over, everyone gets excited and then the offer never shows up... no explanation and sellers are crushed.  I tell my sellers that too.  So many twist and turns, as you mentioned its best to disclose all possibilities to the sellers so they understand what may or may not happen.  In writting is essential.  I think we get busy and soemtimes people forget that part of it.  Thank you for the reminders! 

Oct 27, 2015 01:20 AM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

If I only have one offer in hand and the "promise" of another one coming I generally will not tell the second agent there is an offer in hand unless the first offer is an extremely strong one that I feel my sellers will accept once presented. 

Oct 27, 2015 01:21 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Kim Boekholder Utah Real Estate Completely agree.  There are some flaky buyers (and their agents) that change their mind.  It is better that we pretend it doesn't exist and get anyone's hopes up for no reason.  I can handle my own disappointment.  Managing someone else's....different story!   Thank you for reading  and commenting.

 

Oct 27, 2015 01:50 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Nicole Doty - Gilbert Real Estate Expert I agree to a point.  But if the second agent asks if the property is available, that is a fine line and NOT our decision as an agent.  That is up to the seller to determine what and when they choose to disclose.  We have to be careful to not think that we can answer for them.  Thank you for contributing your experience.

Oct 27, 2015 01:52 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Right about sellers decision on the property. The only issue I have is if an agent is showing and asks if There are any offers I have to respond truthfully if I have one.

Oct 27, 2015 04:06 AM
Pat Braithwaite
Braithwaite Realty - Marietta, GA
E-Pro

I am for Randy's procedure. Place it in the Listing Agreement That gives the Seller the opportunity to think it through before they are under stress. 

Oct 27, 2015 10:50 AM
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

"We provide the knowledge, the seller makes the decision."

Unless the offer is physically received on my end, I don't consider it a valid offer.

 

Oct 27, 2015 11:22 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Bill Reddington Agreed.  If someone asks, I let them know that we are negotiating an offer.  Thank you for commenting.

Pat Braithwaite It isn't something that we can put in the listing agreement in Iowa, but I do discuss it at the point of listing as to how we will discuss and handle multiple interested buyers if and when that time comes.  Thank you for reading and commenting.

 

Oct 27, 2015 11:36 PM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Les & Sarah Oswald Agreed.  It does not exist and no one knows about it until it is in my hand.  Thank you for reading.

Oct 27, 2015 11:37 PM
Les & Sarah Oswald

Exactly.

Oct 28, 2015 01:07 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

When the offer is in hand then I tell the seller.  I let them decide and proceed.  And the agent who says "let me know if you receive an offer" is not in the game!

Oct 28, 2015 03:25 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Gary L. Waters, Broker Owner, Waters Realty of Brevard, LLC I agree.  Agents that tell me that, definitely do not get a call when a real offer and motivated buyer appears.  Thank you for reading.

Oct 28, 2015 04:58 AM
Marnie Matarese
DWELL REAL ESTATE - Sarasota, FL
Showing you the best of Sarasota!

Unless I have an offer officially submitted in my possession, it does not exist.  Once I have it, I follow my seller's instructions which generall are to say nothing to anyone.  

Oct 28, 2015 11:22 AM
Antonette Solano
Pristine Properties Real Estate, LLC - Wayne, NJ
Broker/Owner-e-Pro,SFR, CSSG,HRC

Good post Karen.

Oct 28, 2015 02:50 PM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Until a signed or listed offer is received, you got a listing or offer. The more you communicate events to the seller you get the sellers expectation up. When things fall apart you are responsible for it.

You do not want to make promises you can not deliver.  Also you never promise you guarantee a fixed inflated price. This is a tactic used by many listing agents to get into a listing contract and get blamed later because of no sale.

Oct 28, 2015 11:44 PM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Marnie Matarese Agreed.  Unless I have it, it doesn't exist.  And once it does, the seller is the one that makes the decision on whether or not to reveal that existence.  Thank you for commenting.

Antonette Solano Thank you for reading!

 

Oct 29, 2015 05:06 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Sam Shueh Agreed.  It is never good to keep someone's hopes up.  I would rather wait until I have an offer before I let the seller know anything.  Thank you for reading.

Oct 29, 2015 05:07 AM
Will Nesbitt
Nesbitt Realty at Condo Alexandria - Alexandria, VA
Nesbitt Realty is a family-run brokerage.

On Cedar Rapids, IA relocation discussions, dial Karen Feltman at (319) 366-6427, today.

Oct 30, 2015 06:14 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Karen Feltman "Nothing is final until all the signatures are there and all parties have received a copy.  It is better to have the seller's instructions in writing so that if it does not unfold the way that they had hoped, they cannot blame the agent."

Right on target - and - re-blog!

Sep 28, 2016 09:20 PM
Karen Feltman

Thank you for the re-blog!

Oct 14, 2016 05:26 AM