Dear Friends and colleagues, I recently had a closing representing a Vallejo CA seller. After the closing the sellers gave me the remotes for garage doors. So I went by the sold property to drop off remotes and the new owners I happened to meet. I shocked my mind what they said..... Oh we wrote 3 offers at the same time and all three got accepted, then the buyers said we decided yours was the best one. To the public it is a breach of contract for a buyer to to this unless the buyer has a pile of cash and plans on closing on all 3 properties. This particular buyer was a first time FHA buyer and were not advised by there Realtor it is illegal, which tells me either there realtor is untrained and unethical. I am not allowed to disclose who the brokerage is but if your in my area there is one particular brokerage with a big pile of untrained realtors running wild. If your considering buying or selling in Vallejo CA Tim Garton has 18 years experience and has sold over 500 properties 707-315-5555
I'm wondering if it would make sense to speak to the real estate agent in question to let them know this is not acceptable. It's quite possible the agents in that office aren't being trained properly.
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Thomas J. Nelson, REAL...
San Diego, CA
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Kathy Streib
Cypress, TX
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Nina Hollander, Broker
Charlotte, NC
Well, that's one for the books. Technically there is nothing stopping someone from doing that so long as a contract hasn't been fully signed off. It's a question of how "acceptance" is defined. It's not illegal to write multiple offers. The problem is what happens if there are firm contracts for each of those offers.
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Thomas J. Nelson, REAL...
San Diego, CA
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Kathy Streib
Cypress, TX
Our contracts have a termination period. Many agents use this as a "get out of the contract for a fee". During the hot season they would contract on 3 or 4 houses, then come to the area and choose the one they wanted and pay termination on the ones they did not. Lawyers wrote our contracts, so now you have the whole story.
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Thomas J. Nelson, REAL...
San Diego, CA
Hi Tim- Kat Palmiotti made a good suggestion. Reading the comments shows that real estate is, as they say, local.
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Thomas J. Nelson, REAL...
San Diego, CA
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Kat Palmiotti
Kalispell, MT
Good morning Tom. So that I can move along this morning my best approach is to agree with the comment of my friend, Nina Hollander, Broker, and move on. Hopefully for this first time homebuyer they won't face the consequences of their questionable conduct. Enjoy your day.
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Thomas J. Nelson, REAL...
San Diego, CA
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Nina Hollander, Broker
Charlotte, NC
Hello Tim - I have often said that life on this planet combined with time spent in the practice of real estate can shows many different aspects of each. Unethical or untrained may likely be a good response. And a combination of the two can also lead to additional insight. We continue to experience many facets of each.
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Thomas J. Nelson, REAL...
San Diego, CA
TIM GARTON I have caught agents doing this and have disqualified their offers and or penalized them for it. I also add them to a "Beware of This Agent" list I’ve created. We practiced this multiple-offer technique ethically during the 2007-2011 crash with short sales and REO's, because many offers went unanswered—often by the banks or subpar listing agents. However, we would never did this prior to or after the crash to individual sellers, as it is in fact unethical to do so and unfair to the seller who is only working with you on that particular escrow. You burn your reputation with every cancelled escrow under this plan.
Agents know better, so I believe such behavior indicates low moral character rather than a lack of training.
Good evening TIM GARTON ,
So glad that Kathy Streib featured your post in her Sunday Series! Interesting topic and one that shows the difference in how real estate is practiced from state to state. Technically a buyer could have 3 properties under contract (certainly wouldn't advise it). This happened during the COVID crazies! You had an option period and could terminate for any reason and would lose your option money on the 2 you didn't want. Usually they submit offers on several but not really come to terms on them...waited to see which one they could get.
Although it worked out for your clients, I hear your frustration! Buyers could technically get out of the other contracts with contingencies in place, but I find this a highly unethical practice that is misleading to the sellers as well as competing buyers.


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