Rochester, NY asked in Real Estate Law for New York

Q: Can the Seller's agent decline to present the offer to the Seller's due to the Mortgage Co. that we've chosen to use?

My husband and I have been preapproved for a Mortgage through Quicken Loans. My realtor said that she refers all of her clients to a Banker that she knows because she and former clients have had bad luck with QuickenLoans. We asked her to put our offer in anyway b/c we had already done the leg/paperwork/approval with Quicken Loans. She put the offer in but left me a message stating that she discussed Quicken Loans with the Seller's agent and he was in agreement with her that we should use another bank. She also discussed with the Seller's agent that if the Seller doesn't accept our offer that we were thinking of increasing the offer by $5,000. Isn't this illegal? I feel like she showed the Seller's Agents our "Cards" before she put in our original offer and also put doubt in his head regarding the Loan provider that we've chosen. Any advice?

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2 Lawyer Answers
Peter Klose
PREMIUM
Peter Klose
Answered
  • Nyack, NY
  • Licensed in New York

A: You have the right to complain to the local real estate board for which she is a listing agent. I think she sounds rather unprofessional, and would consider her disclosure of personal information a breach of ethics.

Barry E. Janay agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It is not "illegal" like a crime. In NY, all agents are Seller's agents. There are no buyer's agents. Thus, the basis on which to consider an offer is entirely in the hands of the seller. Unless it is something that is illegal discrimination, like a racial issue, the seller can reject an offer for any reason, even if it makes no sense. If you think the brokers are trying to get a kickback on a loan deal, approach the seller directly, by calling or dropping a note to him/her. The agent's conduct does violate ethics, and you can complain to the Real Estate Board. However, that will not get you the house.

Barry E. Janay agrees with this answer

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