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Real Estate negotiation question

Posted on 2/7/14 at 10:14 am
Posted by Bob Sacamano
Houston, TX
Member since Oct 2008
5276 posts
Posted on 2/7/14 at 10:14 am
I'm hoping someone can help me understand something.

If I am in contract with a seller, can a sellers agent disclose to a "back-up" my negotiations with the sellers on repairs?

I think the "back-up" was BS. Because the "back-up" suddenly came in at the very end of our back and forth. My question was "where has the back up been the whole time?"

Why would he not let the back-up come up with there own estimation of repairs and negotiate if my deal fell through?

I feel like the sellers agent acted in an irregular manner.

Does someone know the rules/ethics/laws of the situation?

Thanks

ETA: This is in Houston
This post was edited on 2/7/14 at 10:16 am
Posted by Oenophile Brah
The Edge of Sanity
Member since Jan 2013
7540 posts
Posted on 2/7/14 at 10:23 am to
deleted.

misunderstood question.


This post was edited on 2/7/14 at 10:37 am
Posted by lsubandmom
Houston/Lafayette
Member since Oct 2007
902 posts
Posted on 2/7/14 at 10:24 am to
At the very least it is unethical. In Louisiana, you cannot release any information about negotiations until after closing.
Posted by ItNeverRains
37069
Member since Oct 2007
25363 posts
Posted on 2/7/14 at 10:26 am to
The seller's agent does have to disclose to buyer when they are in backup position, but does not have to disclose there is a backup offer to you in lead position.

Every agent loves and fights for backup offers for their sellers because it gives their client leverage in the inspection period. But the details ($) shouldn't be made known to backup agent

If you feel there is no backup, have your agents managing broker call agents managing broker and tell them you want them to confirm there is a backup.
This post was edited on 2/7/14 at 10:28 am
Posted by Bob Sacamano
Houston, TX
Member since Oct 2008
5276 posts
Posted on 2/7/14 at 10:27 am to
He clearly stated to my agent that the "back-up" would do less on the repairs than I would. He had to disclose what we were negotiating.
This post was edited on 2/7/14 at 10:28 am
Posted by ItNeverRains
37069
Member since Oct 2007
25363 posts
Posted on 2/7/14 at 10:29 am to
quote:

He clearly stated to my agent that the "back-up" would do less on the repairs than I would. He had to disclose what were negotiating.


Yeah, I'd put his managing broker on notice.

Did he say "would" or "we feel they would". Big difference
This post was edited on 2/7/14 at 10:31 am
Posted by Bob Sacamano
Houston, TX
Member since Oct 2008
5276 posts
Posted on 2/7/14 at 10:29 am to
quote:

But the details ($) shouldn't be made known to backup agent


This was done based on what he said to my agent.
Posted by Bob Sacamano
Houston, TX
Member since Oct 2008
5276 posts
Posted on 2/7/14 at 10:32 am to
WOULD. Thats why I went ape shite.
Posted by ItNeverRains
37069
Member since Oct 2007
25363 posts
Posted on 2/7/14 at 10:33 am to
quote:

This was done based on what he said to my agent.


Have your agent ask him to put that in an email so he can show it to his client.

If it's as you stated, I believe you regain the leverage in the negotiations
Posted by Bob Sacamano
Houston, TX
Member since Oct 2008
5276 posts
Posted on 2/7/14 at 10:34 am to
I will do that.


Thanks!!
Posted by ItNeverRains
37069
Member since Oct 2007
25363 posts
Posted on 2/7/14 at 10:42 am to
No problem. How long is the inspection resolution period and what day are you in?
Posted by Bob Sacamano
Houston, TX
Member since Oct 2008
5276 posts
Posted on 2/7/14 at 10:45 am to
It's over. I accepted but told my agent that I was looking into this.

It was ugly.

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