Century 21 AA Realty of Seaford

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[redacted]   To Whom It May Concern, I would like to first start out by identifying the agents involved in this showing and negotiation. Diane P[redacted] is licensed with Century 21 AA Realty as the...

listing agent on the property known as [redacted] Under NYS Agency Law, the (DOS) Department of State considers Diane an agent for the seller and therefore known as a Seller’s Agent. John D[redacted] licensed real estate agent for Century 21 American Homes is the buyer’s agent representing the best interest of the buyer. The buyer’s agent has the same fiduciary responsibilities to his client the buyer. For clarification Century 21 AA Realty and Century 21 American Homes are two totally different corporations but independently owned and operated. In response to the above referenced complaint the following occurred: The home was shown by John D[redacted] as a buyer’s agent to his clients [redacted] and [redacted]. During the term of the home being on the market there were multiple offers presented to the homeowner. At the time Ms. Sandra C[redacted] and [redacted] saw the home the homeowner had already accepted an offer. By state law anyone can make an offer at any time on the house even when the owner has accepted an offer. A sellers’ agent’s responsibility is to present all offers to the owner. When we first presented Ms. Sandra C[redacted] and [redacted]’s offer it was much lower than the offer the owner had already accepted, therefore the owner decided to stay with existing offer. On Friday January [redacted] that buyer withdrew their offer. The owner instructed Diane to let John D[redacted] the buyer’s agent know that the terms were acceptable. John and the buyers scheduled a home inspection for the next day Saturday January [redacted] at 2pm.       Diane informed the buyer’s agent that at the request of the owner, the home would still be actively on the market to be shown. The home was listed on the (MLS) Multiple Listing Service. This is a common practice in the industry. The buyers’ agent is aware of this practice and I believe he conveyed this to his clients. I am also sure he advised them that other offers could still come in and be presented. As a matter of fact, this is exactly how Ms. C[redacted] and [redacted] got to see the house. There was an accepted offer on the house but they still had access and an opportunity to have their offer presented which they did but it was too low and not acceptable to the owner.   Monday January [redacted] 12:46pm – email from John – sent to Diane and sellers attorney- “I updated the sales agreement to include the buyer’s attorney information, fixed the typo and updated everything to match the pre-approval.” Tuesday January [redacted] 8:37pm – Diane sent an email to John advising him that the seller received a higher offer which she is going to accept. Wednesday January [redacted] 4:24pm – John sent an email to Diane with the attached signed lead paint disclosure and said buyer’s attorney is waiting for contracts to be sent out. Wednesday January [redacted] 4:26pm – Diane emailed John – “I emailed you yesterday. The homeowner has higher offers and is going with one of them. Please note at any given time Ms. Sandra C[redacted] and [redacted] could have increased their offer to get the house. I don’t know if that was conveyed to the buyers as they are not our clients. John replied I hate to have to break the bad news to them, please keep me updated. Diane acknowledged it’s a tough thing to do, to tell a buyer they were out bided and lost the house as it has happened to her as well. In closing I do empathize with the buyer as many buyers today are going through the same thing. I would like to make a few things clear. By law brokers have to present all offers to the owner or we would be violating the Law of Agency. This is not my rule this comes from the DOS Department of State. We are told an owner has a right to hear all offers then make a decision usually they consult with their attorney and we need to follow through with their directives. As a seller’s agent we are sworn to confidentiality and a fiduciary trust to our client. John D[redacted] is held to that same standard of responsibility is to his client. As a seller’s agent we never get to speak to the buyers as they are Century 21 American Homes client. Therefore, we don’t consult with them or advise them in any manner. Same as the seller’s attorney will never speak to the buyer and the buyer’s attorney will never get to speak to the seller. I am unable to tell you if the buyers agent explained to the buyer before committing to paying for a home inspection that the seller can at any time before contracts are signed, listen to and accept another offer. If he did, they were advised properly. I can fully understand the disappointment for the prospective buyers as we all go through this on a daily basis but our clients are advised that this could possibly happen before hand. In today’s very active, short on inventory, sellers’ market it seems to happen more often. The seller is widowed and moving to the Carolina’s. We have made several attempts to her as did her attorney to reconsider and reimburse the buyer for their inspection fee. She said she is moving to Carolina and she’s has fees too and it’s all part of the process. She did ask, by law do I have to give them the money they didn’t give it to me. By law you don’t have to it’s a just a nice thing to do being they didn’t get the house. Her answer was, if I don’t have to by law them I’m not going to.   Sincerely, Vincent D[redacted]Licensed NYS Real Estate Broker