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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2768
Experience:  Helping you with your legal questions.
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Can a agent not offer you a second chanch to up a offer on a

Customer Question

can a agent not offer you a second chanch to up a offer on a house just because they would have to splite the comittion therefore selling to their person to get all money even when we would offer over listing price
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: tennessee
JA: Has anything been filed or reported?
Customer: we made a offer put up retainer money signed paper with our agent she toldhim that our offer should get the house have ever her people increase their offer and we were never given a chance to up ours before their offer was taken
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

If you signed a contract with the agent and the agent is representing you as the buyer, the agent is to work in the best interest of you, not in the best interest of the agent because the agent has a fiduciary duty to you. So, the agent should present your increased offer. If the agent is the seller's agent, and there as a written contract with the seller's agent regarding the retainer money, you would first look at the written document and whether it addresses the issue. If not, then if there were other documents to support your position that would be helpful. We can continue to discuss your situation if you would like to do so.

Expert:  Damien Bosco replied 10 months ago.

Hello again. Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. If you are satisfied with your answer, please provide a rating between 3 and 5 stars so I get credit for helping you.