Van Buren, AR asked in Real Estate Law for Kansas

Q: a person made offer on house was rejected. We then made offer was never told what owners said instead was told we were

our bid was beat. SO then the real estate agent told us this was one and done going tpo be the fnal bid. AS he went back to original bidder who was rejected and he gave new offer which we then bid our best offer assuming we were the final bid as he had said. Only to receive a call that said we lost and had been outbid. How could that happen if we had the last bid and doesnt he have to present our offer to seller. ?? We drove 5 hours to buy home on and wasnt ever told of anyother offers until after we got there and looked at house and i asked about any interest on the poperty. was he just running up trying to get most money was this ethical? Legal?ANd the property is still listed for sale. Our final offer was 500 over the listed price. Kinda thought it was like baseball we should have had last bat, not the other person getting first and last.Also AGENT told us the owner had just been buried less than 1 week prior and that the deceasedent's kids got property. Probate time?

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Lawrence, KS
  • Licensed in Kansas

A: The obligations of a broker to buyer and to seller may vary based upon whether they are a seller's broker, buyer's broker, or a transaction broker. The duties of the different types of brokers are summarized by the Kansas Real Estate Commission on the following website:

All brokers have a duty to timely present offers. A seller's broker might have perceived that duty to the seller to be best served by eliciting or fielding multiple offers at the same time. Short of being a cash offer to immediately purchase, offers typically have conditions, such as financing contingencies and inspections. The seller may not immediately respond to an offer in anticipation of receipt of other offers. If the process is opaque or statements are made that imply one process that appears not to have been followed, it can be frustrating.

If the property was on the market and the owner has passed and left the real estate in a decedent's estate, an executor or administrator would have to be appointed and authorized by the court to have the authority to sell the real estate. If you have questions about whether the estate's executor, administrator or heirs at law have been adequately informed about your interest in the property and whether an authorized agent for the estate has been designated, you may want to consult with an attorney. An attorney could assist you in learning the record ownership of the property and the status of any probate proceeding.

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