Fred Griffin Tallahassee Real Estate, Licensed Florida Real Estate Broker (Fred Griffin Real Estate)

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Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Is your leave of absence over? Happy New Year!
The verbiage you provided pretty much tells the tale!

You inform each buyer that another buyer you are working with also wants to offer, and if they have a problem with that we can refer you to another agent . . . otherwise, it's all confidential, take your best shot outta the gate and let's do this!

Jan 07, 2020 05:32 AM
Rainmaker
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Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

First, it's good to see you back --- Happy New Year.  As for your question, the answer for me would be a discussion with the buyers.  This can lead to learning and more insight when clarity of the situation can show.  First steps first.

Jan 07, 2020 05:48 AM
Rainmaker
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Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Fred! What a treat to see you! Hope all is well. Not sure there's much you can do except submit all offers and let the builder decide. But you'll need to have that conversation with both of your buyer friends.

Jan 07, 2020 06:43 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Good to see you back Fred!

Disclose to both and see which one wants it the most and which would rather save a few dollars and buy a different lot.

Jan 07, 2020 06:12 AM
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
Helping you find your way home.

License law and the Realtor code of ethics allow you to write contemporaneous offers.  As you point out, you need to be very careful in your negotiations to protect proprietary information.

You need to explain the situation to both buyers, and get their express written permission (we have a form) to allow contemporaneous offers.

(if either client is uncomfortable with it, and opts not to sign the agreement, you should refer one of them to a trusted associate for the negotiations).

Personally, I could/would do it... once the offer is accepted, it goes back to being a normal transaction, and you'll need to do some damage control with the client who did not win the bid.

Jan 07, 2020 06:17 AM
Rainmaker
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Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Great to see your Fred Griffin Tallahassee Real Estate , Happy new Year!

Thankfully I've never been in a position like that with friends (strangers yes). I would let each of them know the circumstances and say "You have to put in your best offer, I am bound by law not to reviel other bids."

Jan 07, 2020 06:00 AM
Rainmaker
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Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, Blackstone Realty Group - brokered by eXp Realty - Kalispell, MT
The House Kat

I thought I was going to have this happen a few years ago. Two buyer clients both looked at the same house; I let them both know I was showing it to another buyer. And I decided that IF they both wanted to put in an offer I would refer one to another buyer agent. It didn't happen (phew), and I'm not 100% sure that's what would have happened, but that's how I was leaning. No matter how fair I was, how I said the exact same thing to each of them, whoever lost out would think I wasn't on their side. 

Jan 07, 2020 05:55 AM
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Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

Hi Fred, hope you are well.

Standard lingo on the BB form - unless you are working directly with the builder where this could happen everyday. 

Submit & let the builder/seller decide.

Jan 07, 2020 05:36 AM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

wow.... that's a tough one..... I would only represent one on that lot and that would be the one who called first....  but that's just my "common sense" solution.... the other potential buyer could go to another lot and/or another agent....

Jan 07, 2020 05:21 AM
Rainmaker
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Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

That should be brought up at the time of a BB agreement...before there is a problem.

Eve

PS:  Welcome back!

Jan 07, 2020 07:57 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

Welcome back Fred.  Our buyers rep agreement address the possibility of this happening.  So I just point that paragraph out to them.

Jan 07, 2020 07:12 AM
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Peter Mohylsky, Beach Expert
PrimeSouth Properties - Santa Rosa Beach, FL
TOP LISTING AGENT ALONG THE BEACH

Welcome back Fred.  

Have the serious conversation with both.  imform them of the situation.  see if they have any opinion.  It will all work out. 

Jan 07, 2020 07:05 AM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Submit the contracts after offering your best advice which will not include information about other prospects. The seller will make the selection.

Jan 07, 2020 06:52 AM
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Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

Since they are both your friends, I would refer them both to another agent for the offer writing.   That way, neither believe they were slighted.  Once the offer is accepted, you could pick back up and jump into the transaction.  And if the offer goes nowhere with the other, again, jump back in.

Jan 07, 2020 10:17 AM
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Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Fred!!! Great to see you again. I think I would refer one of them to an agent within your office 

Jan 07, 2020 08:23 AM
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Wanda Kubat-Nerdin - Wanda Can!
Prado Real Estate South - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

Advise both of the situation. If they both wish to proceeed, write offers and submit. Seller will make a decision. Who knows, maybe a third buyer wants the model too and take the prize! If not, there are other options.

Jan 07, 2020 07:36 AM
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Jeff Dowler, CRS
eXp Realty of California - Carlsbad, CA
The Southern California Relocation Dude

Have the conversation and let them know the situation. If they still both want to submit do so and let the builder decide.

Jan 07, 2020 07:31 AM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I would propose this question to them as well...

Jan 07, 2020 06:27 AM
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Anna Banana Kruchten CRB, CRS, GRI, WLS
HomeSmart Elite Group - Phoenix, AZ
602-380-4886

Well it's good to see you back in the rain Fred! And after reading the comments you've got this handled - and well.  Good luck with both buyers buying different homes.

Jan 07, 2020 10:00 AM
Rainmaker
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John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Lots of good advice here. Go for it, Fred Griffin Tallahassee Real Estate 

Jan 07, 2020 07:27 AM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Let the seller decide.  I have seen several offers sold more than the builder asked for.

Jan 07, 2020 06:42 AM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Fred,

First of all, we are delighted to see you back on AR and want to wish you a Happy New Year!  I think you have good answers, and I have a feeling you will sell both a lot each.  All the best, A

Jan 07, 2020 11:48 AM
Rainmaker
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Katina Hargrove 352-551-0308
Stake Your Land Realty, Inc. - Eustis, FL
Broker/Owner, GRI,SFR, REALTOR®

Fred,

I believe you know what to do:)

Jan 07, 2020 10:42 AM
Rainer
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Libby Cousins
Extraordinary Processing - Spokane, WA
Contract Mortgage Processor, licensed in WA

Welcome back Fred!

Great answers here for a few ways to go. If they were my friends that were clients, I would be upfront as it sounds like you have been. There is a reason that they both want to work with you and they should understand that you have a job to do and will look out for them but the seller will decide which offer to go with. 

Jan 07, 2020 09:49 AM
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Kris Collis, Associate Broker
Smart Way America Realty - East Stroudsburg, PA
Professional Results you Expect 702-574-8102

Fred, welcome back, nice to see you.  I agree with need to disclose and Ritchie's advise to ask your clients directly.  As long-time friends they would appreciate your candor I should think.

Jan 07, 2020 08:47 AM
Rainmaker
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Welcome back, Fred Griffin Tallahassee Real Estate !

Jan 07, 2020 08:38 AM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Full disclosure and transparency would be the words of the day.

Jan 07, 2020 09:53 AM
Rainmaker
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Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I always suggest referring one of the buyers away to someone else. How can you best represent two buyers for the same property?  But if you fully disclose to each that you have another buyer also interested in the same property and they are okay with you representing them as well - as the verbiage in your agreement notes - then you should be okay.  Ultimately it is the seller's choice which offer they accept.

Jan 07, 2020 09:27 AM
Rainmaker
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Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

So good to see you back Fred Griffin Tallahassee Real Estate ! I'm in agreement with others and your stated intent.  We have a contemporaneous offers form for this situation.  Disclosure but not too much, ;:-) 

Jan 07, 2020 09:25 AM
Rainmaker
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Be upfront with both.

Jan 07, 2020 08:44 AM
Rainmaker
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Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Hello Fred - what a nice surprise to see you here in the Rain! 

Happy New Year! 

I would have an open discussion with both - full transparency. 

Jan 07, 2020 02:39 PM
Rainmaker
415,739
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

I would let both buyers know that I'm writing an offer for both and I cannot disclose the details of each.  

Where have you been Fred?  Good to see you, though!

Jan 07, 2020 01:34 PM
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Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

You ask them which they prefer ? Paper Rock Scissors OR on your mark, get set, go write an offer?  Good luck!

Jan 07, 2020 12:10 PM
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Good to see you back Fred Griffin Tallahassee Real Estate You've gotten many good comments and hope both your friends wind up with the right home! Sounds like you've got the opportunity to sell two different homes. 

Go talk to the builder and see if he will give extra incentives if you have TWO buyers for the lots. That way everyone wins!

Jan 07, 2020 06:02 PM
Rainmaker
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Abby Stiller
REMAX Realty Group - Cape Coral, FL
Professional Bilingual Realtor (239) 284-8637

I agree with all the comments to inform both of them. Happy new Year Fred!

Jan 07, 2020 04:34 PM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Welcome back!

Inform both clients of the potential multi-buyer representation.  Give them the option to have someone else in the office represent them.

Jan 07, 2020 04:11 PM
Rainmaker
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Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

I would write an offer for both of them and let them know that there are multiple offers and they need to put their best foot forward.

Jan 07, 2020 03:33 PM
Rainmaker
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John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Fred Griffin Tallahassee Real Estate disclose to both buyers.

Jan 07, 2020 03:12 PM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yep, keep them both informed that you are representing more than one client. If one wants to be referred out, do it. If one wants to move on, be happy to be of assistance. 

Jan 07, 2020 03:08 PM
Rainer
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Don Baker
Lane Realty - Eatonton, GA

refer one of them out to someone I trust in my office

Jan 07, 2020 02:34 PM
Rainmaker
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Property Valuation Construction Home Tips
PeterMarkSEO - Holiday, FL
Full Time SEO, Local GMB Expert

Tough call. Those sound like really good friends, especially for 20+ years. I think I would keep them as friends. Couple options. Either refer them out to someone in your office. 2nd option: I would ask some more questions with each buyer client. Get them to look at the floor plan compared to other available homes that are in the completion stage or slab stage. The layout on black and white so they can compare. 3/2 seems functionally obsolete to me at that price point without a half bath. Is there a powder room in the other model? Is the model home the biggest home in the subdivision?  One party might budge to another factor in my opinion. If I were a buyer I would get a 2nd spec model house with 2.5 baths over the lot location.

Jan 07, 2020 01:14 PM
Rainmaker
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Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

I would write their offers and let them know you are aware that there is another offer coming in and that they should make it the best and final offer.  Then let them decide what kind of offer to make and "may the best person win".  You don't have to tell them that you are the agent who wrote the "other" offer.  I have been in this position before.  You have to treat every client the same.

Jan 07, 2020 01:12 PM
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Oh my gosh, it's so good to see you here, Fred! You have been sorely missed.

To answer your question - I think your BBA is pretty clear. That said, I would have a conversation with BOTH buyers, asking for their feedback on the subject, letting each know about the other and giving direction as to how they wish for you to manage their Offer. They are long-time friends - they will not hesitate to give you direction! 

Good luck, Fred!

Jan 07, 2020 09:56 PM
Rainmaker
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Steffy Hristova
HomeSmart Elite Group Tempe AZ Tel: 480-966-9353 - Tempe, AZ
Tempe AZ Realtor - Your Home Close to Your Work!

Hi, Fred, it's good to see you back. Thanks for asking this question - I learned from all the great answers here, too. Disclosing to both Buyers about you writing offers for both, reminding them that the Builder sales people are in this situation daily (see Lyn Sims ), and offering to refer them to a trusted colleague are great options.

Jan 07, 2020 07:12 PM
Rainmaker
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Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

Friends for 20 years means you are their implied buyers agent whether they sign anything or not or whether you want to be or not. Tread carefully as they both expect you to be totally looking out for their best interests.

Jan 08, 2020 04:09 AM
Rainmaker
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Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

WOW! Barbara Todaro and Candice both gave great answers! I don't know what I would do, and I hope I never have to decide 

Jan 07, 2020 07:28 PM
Rainmaker
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Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

business is business

Jan 12, 2020 09:46 AM
Rainmaker
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

UGH, that is always uncomfortable, but disclose to both, submit both, and it is up to the builder.  Glad to see you back.

Jan 10, 2020 01:19 PM
Rainer
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Loretta Krawiec
Coldwell Banker Residential Brokerage - Yorktown Heights, NY
Professional Real Estate Services

Disclose your relationship to both buyers and let them decide if they want to continue the transaction with you representing them. If they do, only disclose information about the property and not about your other client, just as in any other transaction. Let each buyer make their own offer, submit both offers and whom ever gets the accepted offer gets to proceed. Then do your best to find another property for the other party. Just be upfront about all possible scenarios so you don't lose a friend in the process. Good Luck!

Jan 08, 2020 08:34 AM
Rainmaker
440,104
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

Write the guy that called first. Tell the second one you're already representing a buyer on that home and that you have lined up "John" or "Susie" or some other agent in your office to help them. That's how I would handle it. I see your Buyer Agreement allows an agent to represent two buyers for the same property but I would still handle it as described above. 

Jan 08, 2020 07:44 AM
Rainmaker
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Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Have another Agent Draft one of the Agreements. You work with the Winner , the rest of the way .

Jan 08, 2020 05:23 AM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

This does happen in bank owned where homes are priced to sell. At that time it is disclosed to all buyers their are multiple buyers. I have my buyers sign the agency disclosure. Any info disclosed that buyers may need about the property and buyers told to make their highest and best offers. 

Jan 08, 2020 04:52 AM
Rainmaker
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Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

Great responses have already been posted but I wanted to take the opportunity to say "Hi Fred!!".  :)

Jan 08, 2020 04:34 AM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

refer one or maybe both of them out to agents within my office.

Jan 07, 2020 10:14 PM