Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

A "per Agent" response to an offer, be it an acceptance,

Customer Question
A "per Agent" response...

A "per Agent" response to an offer, be it an acceptance, rejection , counter-offer or change in a contract MUST be backed up by the Seller. Buyer , or whomever is represented by the agent .. correct?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Michigan

Lawyer's Assistant: Has anything been filed or reported?

Just between Buyer/ Buyers Agent and the Seller Agent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The seller agent claims seller is out of state however is seen locally all day, Belief is seller agent is NOT communicating with seller and actions speak as such.

Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
12/26/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience on this. So, generally, an agent is someone who has the authority to take certain actions that bind the principal to a particular course of action (e.g. acceptance, rejection, etc.) . This means that the seller doesn't necessarily need to "back up" what the agent is doing in regards ***** ***** contract. It just means that the seller is going to be bound to whatever the agent does as the agent is under the direction of the principal. I sense there may be more to this story so before we continue, could you provide me some background so I can better assist.

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
What background will you need?
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I think I'm wondering a bit about your concern with the seller being around town. is the agent making representations that you don't believe the seller would want?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
The seller needs to sell the property as he has squandered monies from the trust, also he is going to lose it to back taxes if he does not sell.. The property is overlisted.. and will NOT sell for what the agent is asking. Agent either will NOT act on an offer.. either accept, reject nor counter and chooses to make no response at all . In conversations with people he associates with he's worried that he is NOT getting any action from his listing.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. So, are you a beneficiary of the trust at all?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
No .... I am an agent, with 21 years of experience, who has submitted 3 offers to this agent , who has been in the business for 19 months .
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. Thank you for clarifying. If that is the case, then my original answer stands; the agent can bind the seller, but unfortunately, if they are not responding to you, even if there is a serious risk of harm, there is not much you can do. You may want to consider contacting the seller and asking them about what's going on because it's possible they may be unaware too. You may be able to help the seller avoid the harms that seem to be plaguing them right now. You may want to say that you're not reaching out to them about making a decision, but to advise them that your buyer is waiting for his or her agent to make a move. Does that make sense?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry for the considerable delay. It's very difficult to explain, but what happens sometimes is if I accidentally close out my window, it deletes all of the current chats I have. If someone has responded like you did, then I usually have no idea until I go through the list of the hundreds of chats I have per day and find anyone who got missed. This is what happened here. I sincerely ***** ***** making you wait four days for a response. It's inexcusable and I"m sorry. I'd like to continue the conversation if you would like.

in your case, I want to find out what questions you had about this. I understand that the agent isn't being responsive; however, I can't find any legal authority that requires them to respond to an offer to enter into an agreement. What questions did you have with which I may help?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,473
13,473 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
In if a buyer makes an offer with A contingency for a home
In Virginia if a buyer makes an offer with A contingency for a home inspection on a residential home, and the seller makes a counter offer on the Price but grants the home inspection and gives the buy… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
In Texas, if you make an Offer via email on a property
In Texas, if you make an Offer via email on a property through a Real Estate Agent (with the Agent representing the Seller and Buyer), the Agent talks to the Seller and sends you back a Counter Offer … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,096 satisfied customers
Can I as a real estate seller in Tennessee stipulate
Can I as a real estate seller in Tennessee stipulate anything in a counter offer / Such as: Counter offer $725,000 and 1% reduction in Realtor's commission?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
If the buyer presents an offer and receives a counter offer
If the buyer presents an offer and receives a counter offer from the seller. They (the buyer) reject the sellers counter and makes a buyers counter offer that is not rejected by the seller and then th… read more
Loren
Loren
578 satisfied customers
I am selling my house. I have a situation where a potential
I am selling my house. I have a situation where a potential purchaser - whom I will call "purchaser 1" - placed a contract offer our house last Saturday. The offer was low, so we countered. This cycle… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
Im a Buyer agent. I would like to see if the following is
I'm a Buyer agent. I would like to see if the following is a binding real estate purchase contract: 1. Buyer made an offer. Signed. 2. Seller counter offered. Signed. 3. Buyer created a separate offer… read more
Loren
Loren
578 satisfied customers
I thought a notice to perform was to provide a buyer/seller
I thought a notice to perform was to provide a buyer/seller to perform on an agreed upon action. If there is something that hasn't yet been agreed to, can you still issue a notice to perform? In our s… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I put on offer on a house for X and explicit said the offer
I put on offer on a house for X and explicit said the offer was good for 2 days. The seller countered with Y. I countered with Z. After thinking about it for a day I decided to accept the original cou… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
we signed purchase agreement but relator forgot to get earnst
we signed purchase agreement but relator forgot to get earnst $. based on inspection i asked for lower price. they counter offered a higher price. i countered a lower price but they decided not to acc… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
If the sellers makes a counter offer, and then a day later
If the sellers makes a counter offer, and then a day later decide to cancel it, is it legal? Apparently, sellers were told the counter offer is not signed, so they instructed their agent to cancel the… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
REal Estate question: I have a house that has a Dec 2012
REal Estate question: I have a house that has a Dec 2012 appraisal for $227K...we listed it for $220k and got a offer in 7 days for $215K . For about 18 hours we had on the internet MLS that we would … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
a home was listed by seller for 77,900 and my son had a pre
a home was listed by seller for 77,900 and my son had a pre approved loan and made an offer to seller for 74,000 now realestate agent represented both parties and before she presented the offer to sel… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
CA real estate law. Buyer makes full price offer within 3
CA real estate law. Buyer makes full price offer within 3 days on MLS. Listing agent claims has 2nd offer for more. Counters with "best & final offer". Buyer Offered 10% more than asking & "won" Buyer… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
What are the obligations for a Sellers agent to submit all
What are the obligations for a Seller's agent to submit all offers to the seller? If an offer is sent to the seller and the seller counters and the counter offer is then sent to the buyer, if other of… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I am a buyers agent in Missouri. We put an offer in on a
I am a buyer's agent in Missouri. We put an offer in on a house to who we thought were the sellers. Instead of the sellers responding, another party signed a counter offer and put "Trustee" behind her… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
A home property on the market in Ohio (Ashland County) listed
A home property on the market in Ohio (Ashland County) listed "As is" and is bank owned - I do not have knowledge of bank. My agent who has been assisting me in looking for a new home as indictaed tha… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
Hello, Hypothetical An offer is made on a house in Virginia.
Hello, Hypothetical: An offer is made on a house in Virginia. The seller agent calls the buyer agent and verbally tells the buyer agent: congratulations, the sellers have signed and ratified the contr… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
Under Colorado law, when an owner signs a listing agreement
Under Colorado law, when an owner signs a listing agreement with a realtor to act as seller's agent and sell for 100k, then orally authorizes a reduction to 50k, and receives email showing that multi-… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x