Can Anyone Help Me?

**triflyr** · 09-19-2011, 12:02 PM

My name is Derryl. I have a home for sale in middle TN. I have a realtor. My problem is this: Over the weekend I had two offers on my property. One was for a couple from out-of-state and another a local couple. The local couple I had referred to her. She sent out my counter offers to both parties with a "first to respond" gets the house. Of course, since the local couple didn't have a realtor she did the footwork for them and responded immediately to the counter not actually giving the out-of-state couple a fair chance. Is this ethical? I'm sure the reason was because this way she keeps the entire 6% commission instead of splitting it. Also, even though I signed a listing contract for 6% commission, she agreed verbally to 5% upon me sending her the local clients. Now she has backed out of that. Lastly, I received a letter requesting a signature today stating that she now becomes a "Facilitator" and no longer represents me as a seller (which I have not signed). I don't believe I should sign away my representation on the sale of my home, especially with 6% getting paid out when I brought the buyers. Any thoughts would be most helpful.

Thanks

**Home Selling Consultant** · 09-21-2011, 04:37 AM

Did you sign off on the agent being able to do "Dual Representation"?

Did you sign off on an "Exclusive Right To Sell" by the company?

In real estate, nothing's enforceable unless it's in writing. If you signed these two agreements as the seller, the agent is unfortunately covered.

I would tell the agent that you want to see the counter offer from the other couple first. Why exactly would an agent say "first to respond" I don't know, because an agent is suppose to show you ALL offers. I see what you're saying about the commission. It doesn't sound ethical, and that's why DUAL representation can be very tricky.

How do you represent both sides? You don't. All an agent is suppose to do is write the contract for the buyer, no advise. The agent represents the seller first. It can be very confusing, so have your agent explain in detail, and if you're not satisfied go ask the broker to explain.

Good luck! Post any updates.

**Greg** · 09-21-2011, 05:18 AM

In my 22 years selling real estate I have never heard of 'first back wins'. This is just plain wrong. What if the second offer is higher? She is expecting you to walk away from a better offer?

Have you looked at the qualifications of both buyers?

find out what the second offer was for.

**SimonM** · 09-21-2011, 06:45 AM

How can the first back wins be acting in your best interest? You need to be able to take all factors into consideration including things like speed to complete.

**homesforsaleinregina** · 09-26-2011, 06:48 AM

It's highly questionable that anyone would say "first to respond" if they had your interests (highest bidder) in mind. That's more likely saying, "I want to get paid now, so I don't care what you offer my client, just do it quickly." Don't sign anything else until you understand the motive behind her actions.

**JT Steele** · 09-29-2011, 06:05 AM

Sounds like you have a some what in-experienced agent. What she is doing (and I am only assuming that you did not instruct her to do this) by having the first one with a reply get the house. There are so many other considerations that go into this decision making process, not the least of which is that it is your agents responsibility is to obtain the best and highest price for your house. Not what is convenient (and more profitable) for her. Sounds like you should get the other offer and compare apples to apples. It is your decision not the agents. This is a huge part of what is wrong with the housing market, agents are so hungry they don't give a rip what the affects are on buyers and sellers they just want to get paid.
It also sounds like you have a desirable house or it is priced very competitively. Maybe dont take either offer and search for another buyer. Have the agent put the discount for sending her the buyer in writing or she can go find another seller to represent.
Good Luck
JT