Denver, CO asked in Real Estate Law for Colorado

Q: Is a seller's agent required to submit a written offer to seller?

We submitted an offer and seller's agent didn't submit it although we were the only offer. Meanwhile, she received a higher offer ($3,000) and submitted it and got a contract. Broker said our Pre-qual letter wasn't high enough, yet house sold for under amount in our letter amount and we actually qualified for much more. We never received any response to our offer.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: The sellers are not required to respond or accept any offers (if they choose). The seller's agent is generally required to share all offers to the seller, but a violation would make you (the potential buyers) at best a 3rd party beneficiary [the violation would be to the sellers]. It sounds to me, like the agent was relying on prior communications with the sellers in the floor for the sale price. You can consult with a real estate attorney, but the likelihood of forcing a sale is very, very low.

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