Looking for opinions on how to handle a situation.
Nov 1. Buyer calls office and says they want to see a particular house. I spoke to the buyer and asked, "Are you working with another agent?"
He replied, NO. He was buying a FSBO and it just fell through due to inspections. He has 30 days to find a new home and get out of his rental and he wants to see this one NOW. He is preapproved and ready to move immediately if he likes the house.
Agent makes appt and goes out there to show property, and did provide the Consumer Notice but did not get a signed Buyer's Agency contract. Mistake. Buyers liked property but wanted to think it over. Agent called several times and was told they were working up a price.
Last Thursday Nov. 8 buyer calls and wants to verbally make an offer. She gave us the price and told us to tell seller. We told them they need to come in & sign a contract and put money down, and we'd present the offer. We called seller to let them know the price but that nothing was in writing.
Tuesday night another agent calls & wants to know where to drop off an offer. I questioned her because she had never shown the property. Buyer knows the house, she said. Weds. offer is faxed over and of course it's the buyer we showed the property to.
I called the agent & she is covering for ANOTHER out of town agent. She knows nothing. I spoke to the original agent who says he worked with them for months (no buyer agent contract). They did disappear and told him they were buying a FSBO and that's the last he heard, till now. They called him and wanted to make an offer and didn't tell him (and he didn't ask) they saw the house with another agent.
I spoke to broker this morning & she wants to keep 75% of the commission & give the agent who showed it 25% because their firm wrote the offer. I was thinking of 25% to them, not to us.
Any ideas on handling this?
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Erica Ramus is Broker/Owner of Realty Executives in Pottsville, PA.
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