Agent Refuses To Write Up Low Offer

Added February 28, 2001 by Ilyce R. Glink

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Summary: A home buyer offers a low bid after finding asbestos in the home, but the seller's real estate agent refuses to write up the offer. The seller's real estate agent is legally obligated to present all offers to the seller. The buyer can file a complaint against this real estate agent with the state's real estate commission, which licenses real estate agents.

Q: My daughter and her fiancee; are looking for a house. They thought they found the perfect home, but the roof shingles are asbestos and the inside duct work is wrapped with asbestos tape.

I have a friend who is a roofing contractor. He says it will cost them $10,000 for a new roof, not including the detached garage. The house is priced at $109,000. They wanted to bid $97,000 for the property, but the seller's agent told them it wasn't worth her time to write up the offer.

Is this legal? I thought agents were required to present all offers.

A: The seller's real estate agent is legally obligated to present all offers to the seller. This sort of agent behavior is reprehensible. And, if the scope and price of the work is accurate, the initial offer doesn't seem out of line.

You may file a complaint against this agent with the state's real estate commission, which licenses real estate agents. You may also file a complaint with the National Association of Realtors (their Headquarters is in Chicago), if the broker in question is a member of the Realtors.

The question is, why isn't your daughter using a buyer's agent? A buyer's agent, who owes her fiduciary responsibility to the buyer, not the seller, would make sure the offer was presented.

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