Berkshire Hathaway HomeServices New England Properties

There is no merit to this complaint.The Complainant at all times was represented by his own agent with a different brokerage and this brokerage represented the seller.  The Complainant's agent was fully informed that the proposed sale was a short sale where all offers had to be approved by the...

seller's lender.  The Complainant submitted an offer that was agreeable to the seller but a higher offer was submitted by another brokerage before contracts were signed and before the seller's lender approved the Complainant's offer.  By law, agents must submit all offers received to the seller until closing.  After consulting with his attorney, the seller requested that the offerors submit their highest and best offers, and the Complainant's agent was fully informed that this was a multiple offer situation and continued to be a short sale.  The Complainant's offer was not the highest offer, and the seller, after again consulting with his attorney, submitted the higher offer, which was not the Complainant's offer to the seller's lender for approval. Agents do not have any power or authority to compel sellers to accept any particular offer nor do real estate agents choose to accept or reject offers.  The law is that all offers must be presented as soon as possible until the closing of title. Ms. Bevvino had no choice but to present the offer from the second buyer when it was submitted, and it was the seller, in consultation with his attorney, who chose between the offers, not Ms. Bevvino. The Complainant's argument is with the law governing real estate agents which requires them to submit all offers to their clients regardless of when the offer is received.  The Complainant had his opportunity to put his best foot forward with an additional offer. The Complainant did so but the other offer was higher, and the seller was compelled to take it to the lender for approval as the higher offer would have paid more down on the mortgage.Again, the Complaint is without any merit whatsoever.