[redacted] [redacted] To Whom It May Concern, I would like to first start out by identifying the agents involved in this showing and negotiationDiane P [redacted] is licensed with Century 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 AgentJohn D [redacted] licensed real estate agent for Century American Homes is the buyer’s agent representing the best interest of the buyerThe buyer’s agent has the same fiduciary responsibilities to his client the buyerFor clarification Century AA Realty and Century American Homes are two totally different corporations but independently owned and operatedIn 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 homeownerAt the time MsSandra C [redacted] and [redacted] saw the home the homeowner had already accepted an offerBy state law anyone can make an offer at any time on the house even when the owner has accepted an offerA sellers’ agent’s responsibility is to present all offers to the ownerWhen we first presented MsSandra 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 offerOn Friday January [redacted] that buyer withdrew their offerThe owner instructed Diane to let John D [redacted] the buyer’s agent know that the terms were acceptableJohn and the buyers scheduled a home inspection for the next day Saturday January *** 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 shownThe home was listed on the (MLS) Multiple Listing ServiceThis is a common practice in the industryThe buyers’ agent is aware of this practice and I believe he conveyed this to his clientsI am also sure he advised them that other offers could still come in and be presentedAs a matter of fact, this is exactly how MsC [redacted] and [redacted] got to see the houseThere 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 *** 8:37pm – Diane sent an email to John advising him that the seller received a higher offer which she is going to acceptWednesday 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 outWednesday January *** 4:26pm – Diane emailed John – “I emailed you yesterdayThe homeowner has higher offers and is going with one of themPlease note at any given time MsSandra C [redacted] and [redacted] could have increased their offer to get the houseI don’t know if that was conveyed to the buyers as they are not our clientsJohn replied I hate to have to break the bad news to them, please keep me updatedDiane 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 wellIn closing I do empathize with the buyer as many buyers today are going through the same thingI would like to make a few things clearBy law brokers have to present all offers to the owner or we would be violating the Law of AgencyThis is not my rule this comes from the DOS Department of StateWe 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 directivesAs a seller’s agent we are sworn to confidentiality and a fiduciary trust to our clientJohn D [redacted] is held to that same standard of responsibility is to his clientAs a seller’s agent we never get to speak to the buyers as they are Century American Homes clientTherefore, we don’t consult with them or advise them in any mannerSame as the seller’s attorney will never speak to the buyer and the buyer’s attorney will never get to speak to the sellerI 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 offerIf he did, they were advised properlyI 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 handIn today’s very active, short on inventory, sellers’ market it seems to happen more oftenThe seller is widowed and moving to the Carolina’sWe have made several attempts to her as did her attorney to reconsider and reimburse the buyer for their inspection feeShe said she is moving to Carolina and she’s has fees too and it’s all part of the processShe did ask, by law do I have to give them the money they didn’t give it to meBy law you don’t have to it’s a just a nice thing to do being they didn’t get the houseHer 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
[redacted] [redacted] To Whom It May Concern, I would like to first start out by identifying the agents involved in this showing and negotiationDiane P [redacted] is licensed with Century 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 AgentJohn D [redacted] licensed real estate agent for Century American Homes is the buyer’s agent representing the best interest of the buyerThe buyer’s agent has the same fiduciary responsibilities to his client the buyerFor clarification Century AA Realty and Century American Homes are two totally different corporations but independently owned and operatedIn 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 homeownerAt the time MsSandra C [redacted] and [redacted] saw the home the homeowner had already accepted an offerBy state law anyone can make an offer at any time on the house even when the owner has accepted an offerA sellers’ agent’s responsibility is to present all offers to the ownerWhen we first presented MsSandra 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 offerOn Friday January [redacted] that buyer withdrew their offerThe owner instructed Diane to let John D [redacted] the buyer’s agent know that the terms were acceptableJohn and the buyers scheduled a home inspection for the next day Saturday January *** 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 shownThe home was listed on the (MLS) Multiple Listing ServiceThis is a common practice in the industryThe buyers’ agent is aware of this practice and I believe he conveyed this to his clientsI am also sure he advised them that other offers could still come in and be presentedAs a matter of fact, this is exactly how MsC [redacted] and [redacted] got to see the houseThere 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 *** 8:37pm – Diane sent an email to John advising him that the seller received a higher offer which she is going to acceptWednesday 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 outWednesday January *** 4:26pm – Diane emailed John – “I emailed you yesterdayThe homeowner has higher offers and is going with one of themPlease note at any given time MsSandra C [redacted] and [redacted] could have increased their offer to get the houseI don’t know if that was conveyed to the buyers as they are not our clientsJohn replied I hate to have to break the bad news to them, please keep me updatedDiane 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 wellIn closing I do empathize with the buyer as many buyers today are going through the same thingI would like to make a few things clearBy law brokers have to present all offers to the owner or we would be violating the Law of AgencyThis is not my rule this comes from the DOS Department of StateWe 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 directivesAs a seller’s agent we are sworn to confidentiality and a fiduciary trust to our clientJohn D [redacted] is held to that same standard of responsibility is to his clientAs a seller’s agent we never get to speak to the buyers as they are Century American Homes clientTherefore, we don’t consult with them or advise them in any mannerSame as the seller’s attorney will never speak to the buyer and the buyer’s attorney will never get to speak to the sellerI 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 offerIf he did, they were advised properlyI 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 handIn today’s very active, short on inventory, sellers’ market it seems to happen more oftenThe seller is widowed and moving to the Carolina’sWe have made several attempts to her as did her attorney to reconsider and reimburse the buyer for their inspection feeShe said she is moving to Carolina and she’s has fees too and it’s all part of the processShe did ask, by law do I have to give them the money they didn’t give it to meBy law you don’t have to it’s a just a nice thing to do being they didn’t get the houseHer 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