Real Estate Views from St Pete

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Don't You Love Those Verbal "Offers"?

This evening, yet again, an agent called me saying I have a verbal offer for you on 123 Main St. It's .....

Why bother? A verbal contract for real estate is unenforceable. Why would a seller choose to negotiate against himself? Why would the seller reveal his position, when the buyer has nothing at stake - no earnest money, no legal obligation to stand behind what he offered?

If you have a low offer, or one with odd circumstances, please put it in writing. Then we can analyze it. Then we can know you're for real (accompanied by a signed pre-approval letter, of course). And if, perchance, the seller accept the offer, the seller knows that he has a contract.

Chances slim that an offer will be accepted, and you want to avoid the work of writing an offer and having it signed? Let me share with you, a verbal offer has even less chance of being accepted. How are you properly representing your buyers if you just call with a verbal?

We're not talking here about counters and counter-counters being verbal (another topic), we're talking about an initial offer. Why would you do your buyer that disservice? 

Comments

why I don't know but agents still do it..  It just goes to show it does matter whom your broker is..
Posted by Brian Sharkey (St Lucie West Realty LLC) over 2 years ago
When I get one of these I tell the other agent to put it in writing and send it over until then we have nothing.  I have actually had agents get mad at me for this.  I tell them I tell my not to respond until it is in writing, so unless you want to write it up and send it off we have nothing.
Posted by Vincent McKamy Realtor Fredericksburg Virginia (RE/MAX Bravo) over 2 years ago

Why Why Why, would ANYONE want to make a verbal offer ..... only thing I can think of is the Real Estate agent is LAZY and doesn't want to take the time to write up a formal contract. I'm not even a realtor, but I did stay in a Holiday Inn Express, and I know verbaloffers are for garage sales and flea markets.

Sean Allen

Posted by International Financing Solutions over 2 years ago
Sharon, I have never understood why someone would be so lazy to call with a verbal offer. What a waste of time. Write it up and get real. Especially in this market where anything could be accepted. 
Posted by Bryant Tutas-Tutas Towne Realty, Inc over 2 years ago

We can all learn from this article, especially listing agents who get phone calls like this one constantly. Sometimes an agent who knows me well tries to do this, and I give them the polite response of "PUT IT IN WRTING!".

 This one is for the books.  Thanks for the information. Most helpful and informative.

 

Posted by Nicholas Goglucci, PA. South Florida Real Estate (RE/Max ParkCreek) over 2 years ago
I also will not consider a verbal offer - I have told so many agents that if they have an offer, fax it over - verbals just are not acceptable -
Posted by Bill's Blog - Florida Realty Professional - AHWD (Charles Rutenberg Realty) over 2 years ago
Hi Sharon, What is frustrating is that these people actually think they are testing the seller. The only thing it tests is how fast you can hang up the phone. " Sorry Mr real estate agent from planet uranus, don't do verbal and I have no legal obligation to bother my client with such nonsense. Thank you and have a nice life." I hope you gave it to them with both barrels, lol
Posted by San Diego Real Estate Voice authored by William Johnson GRI CRS e-Pro CDPE (RE/MAX Associates) over 2 years ago
If it's not in writing, then I'm not presenting.  The only verbals that we ever deal with are in the countering stage of an offer.  At least there is already something substantial on the table.
Posted by Jim & Maria Hart ~ Charleston, SC Real Estate (AgentOwned Realty) over 2 years ago
It is amazing how many agent try to present verbal offers.  I too believe it should alway be in writing, sitting down to put it on paper makes it more real to potential buyer.
Posted by Jennifer Fivelsdal, Mid-Hudson Valley (JFIVE HOMES REALTY LLC) over 2 years ago
Great post Sharon - we can't get away with verbals in my market!  They're just a big waste of everyone's time.
Posted by Barbara Mulcahy, ABR, CRS - Your Berkeley Heights Real Estate Source (Re/Max Premier) over 2 years ago
As a standard business practice we don't do verbal offers here at all.  Sometimes we negotiate back and forth verbally on counters before putting it in writing.  I only do this with agents that I know and trust.  They know that if I give my word, or say that my seller has given his or her word they can take it to the bank.  I have encountered agents who will not do any verbal countering and I respect that too.  I beleive we all have to find the best way to work with each other and serve our clients.  As for verbal offers . . no way.
Posted by Teresa Boardman (Saint Paul Home Realty) over 2 years ago

Sharon, I agree with you 100%.  The seller deserves to see everything in writing and know that the "buyer" is able to purchase a property.  I always tell the buyer's REALTOR to PUT IT IN WRITING.

Posted by Debbie Summers - MoveToLakeMary.com or 407-758-1020 (Charles Rutenberg Realty - Orlando, Florida) over 2 years ago

Brian - I don't know that it's the broker's fault. No matter what they're told, agents are still independent contractors.

Vincent - you're right. A verbal "contract" can't be enforced and generally doesn't cover all the details anyway.

Sean and Pilar - yes, I think it's laziness at fault.

Bryant - I think the agents presenting verbal offers have no confidence that the offer they're presenting is good enough for acceptance.

Nicholas - yes, have them put it in writing.

Barbara Jo - so right. Why get a seller excited when there is no enforceable contract?

William - it's the beginning of who's intimidating who.

Jim and Maria - yes, I do use verbals in the counter phase - just not as an original offer.

Jennifer - it's not only more real, it's more accurate.

Barbara - yes, in ours, too.

Teresa - well said. I agree.

Debbie - agreed. That's not too much to ask. 

 

Posted by Sharon Simms St Pete FL - CRS CIPS CLHMS RSPS (ALVA International, Inc.) over 2 years ago
Lazy Lazy find the bottom buck realtors is all I can say really.......
Posted by Tampa Real Estate | Tampa Florida Homes Property for Sale MLS | Katrina Madewell (Charles Rutenberg Rlty- More than 5,000 agents(813) 777-1196) over 2 years ago
Katrina - I always wonder who would want to give away their negotiations without even a binding written offer.
Posted by Sharon Simms St Pete FL - CRS CIPS CLHMS RSPS (ALVA International, Inc.) over 2 years ago
AMEN TO THIS POST!  I can't stand it when other agents try to negotiate with me using a verbal offer!  If they are really that interested PUT IT IN WRITING and I will see what I can do!
Posted by Michael Klijanowicz - BRAC Relocation Specialist - Baltimore & Harford County (Baltimore & Harford County Maryland - Long and Foster ) over 2 years ago
Hi Sharon, Wishing you and whole family a wonderful ,safe and Happy Thanksgiving!
Posted by San Diego Real Estate Voice authored by William Johnson GRI CRS e-Pro CDPE (RE/MAX Associates) over 2 years ago

Michael - so right. Then there are the ones that without an offer ask, what's the lowest they'll take? and expect them to negotiate against themselves.

William - thank you for the thoughts! We had our family Thanksgiving on Sunday, so today we can all relax, enjoy the leftovers, and not have to be out on the road. 

Posted by Sharon Simms St Pete FL - CRS CIPS CLHMS RSPS (ALVA International, Inc.) over 2 years ago

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