ARMLS RULE 10.5: CAN AGENT BE PRESENT AT OFFER PRESENTATION: CASE STUDY & BITCH SESSION, CHRIS S HS VS WUSA AGENT: Q: Attached is the second offer from my client (same as the first from Friday). We would like some kind of acknowledgement that you have received this offer and informed the seller of the existence of this offer. Last time we submitted this on Friday, you told me that you would send a signed seller statement of their instructions for you to hold the review of all offers until Monday 8/19 and acknowledging that they had been notified that my client's offer was delivered to them and active. I never received either of those things back from you which doesn't give my client much confidence that her offer was presented. Hopefully, we can do better this time for both of our clients' sake. Please confirm receipt and I am requesting to be present for the presentation of this offer. Please let me know what time and location works best. Thank you. A: Hi X, Thanks so much for sending the offer. It has been a busy weekend and we have received multiple offers that the sellers are reviewing tonight. NO you will not be present with my sellers when we discuss and review offers. Of course your offer along with other offers will all be presented and reviewed. It is my fiduciary responsibility to my clients to send them ALL offers so they can choose which one to go with.
QQ: Did you present my client's last offer to the sellers on Friday? Can you please provide the documentation you offered evidencing the sellers written instructions to withhold showings until you open house on Saturday 8/17 at 11am, along with their instructions to withhold all offers until Monday 8/19? I'd like to see that please. AA: Your offer has been received and will be presented. Seller has requested that all offers be presented by listing agent only. If there is no response by acceptance then consider rejected. Thank you, Michael P Hofstetter, DB, WUSA.
QQQ: Please review ARMLS Rules and Regulations section 10.3-10.5 regarding presentation of offers. Since your agent, and yourself, initially and very quickly made a decision to deny me my right to present my offer without mentioning anything about your sellers’ wishes, and are now backtracking to state that the seller has provided you instruction to not allow me to be present, I am formally requesting a copy of that written instruction per section 10.5. AAA: Chris, 1) 10.3 The listing agent made arrangements to present the offer and gave you the “Cooperating Subscriber” a satisfactory reason. 2) 10.4 Your offer and requests have been submitted to the seller. All offers will be presented as per MLS “All offers will be reviewed on Monday at 6pm”, 3) 10.5 Attached see “copy of the owner’s written instructions”. (Attached letter states: To HS, 8388 E Hartford, Scotts: Re: 123 Main St, Tempe: The owners of the above property give instructions to the Listing Subscriber and Broker that any Cooperating Subscriber or his/her representative not be present when an offer the Cooperating Subscriber secured is presented to Seller(s). Sig________ Date_____ Sig_______ Date _______
QQQQ: Very interesting letter. I am very surprised to see a seller sign a letter like that in advance...so specific and great verbiage addressing exactly what I was referencing to you rule-wise this afternoon in my email. Of course, you could have asked them to sign it after my request was made. However, It’s hard to believe you could prepare a doc, send it out for signature, receive it back, and forward to me all within the 6 minutes it took between my request and your refusal. Very efficient! All in all, it is hard to tell the time frame with a missing date/time on the doc, something I’m guessing you wouldn’t accept in a file from one of your agents. Fortunately, as luck would have it, eSignOnline keeps pretty good timestamps and IP tracking for signing authenticity, so I’m sure we’ll get it all figured out. I guess we’ll just see how it all ends up. Thank you for sending this to me. I will relay to my client and hopefully her full price offer will be impartially presented to your sellers. Maybe we can put this behind us and not stand in the way of a capable buyer and willing sellers closing the deal.