Unprofessional Broker

[SV THIRD DAY]

Originally Posted by RidgeRunner

CPYB CODE OF ETHICS
part IV,
article(f): All offers received by listing Broker should be transmitted to owner in a timely fashion and with timely response to the co-Broker. Remember that as a listing Broker, you are obligated to present all information at hand to a seller promptly and without prejudice.

True...
But in the past I have given my Selling Broker directions to not waste my time with offers below $X price. That is pretty common these days to weed out the "offer 50% and see what happens" buyers.

[denverd0n]

Originally Posted by SV THIRD DAY

...wasn't he doing his job for his client? I'm not sure your frustration in not getting what you want constitutes unprofessionalism on the Brokers part.

I agree. And since the OP in this case is only speculating that the offers were not communicated to the seller, and has no way of knowing that for sure, I for one would not avoid using this broker based solely on the OP's post.

It would, of course, be interesting to hear the story from the broker's point of view.

[SV DestinyAscen]

Sounds like a horrible transaction experience. You're working through a broker but you're talking with the sellers broker directly then instructing your broker?

[sailpower]

Here we go again.

Brokers are bad.

Buyers are pure.

Better to go direct to the Sellers because they are always honest, ethical, fair and are only interested in giving their boat away to a fellow boater so that all can feel warm and fuzzy.

Blah, blah, blah.

Hard to say what happened here with so little information and only one side of the story. Doesn't seem like slandering someone on an internet site is very mature at this point.

FWIW It is not usual for the seller's and buyer's back and forth counter-offers to be in writing. Most often negotiations after the initial written offer are verbal until a deal is reached.

Also FWIW, justifying offers as % of asking price is useless.

[TCL]

Thanks for the various replies. Just to clear up a few things.

To the person who essentially said that I've done something wrong by posting because I'm anonymous, my name is Tom Lundin. I'm an attorney, practicing for nearly 20 years, including in the area of defamation, as well as commercial transactions. What I posted isn't libel under any definition. In addition, if I decided not to bring a settlement offer to my client, it would violate my ethics rules. I believed based on my experience with real estate brokers, and another poster confirmed, that brokers have a similar duty to bring offers to their clients. But note that I used "unprofessional," not "unethical," in my original post. And I acknowledged that it only appeared that he did not bring the offers to his client until I'd agreed to their stated (in writing) final price, although the circumstantial evidence certainly seems to suggest that, inasmuch as he said he "thought the final price was $X but owner says $Y is his lowest."

The more significant issue, which seems to have been lost in this thread, is that the broker texted/emailed, to my broker, not to me, in two separate messages, that the "final price" was $X. When I instructed my broker to agree to *that price*, they raised it by $5K. That wasn't a "verbal" counteroffer, and I thought it was unprofessional to state, in writing, a "final" price, only to raise it after I'd agreed to it. Indeed, if we'd been exchanging signed purchase offers and counteroffers, my acceptance would've been binding. But, as noted, the listing broker refused to send a counteroffer signed by the seller, saying "that's not how my company does things."

In my experience, a broker should have had the conversation with his/her seller about what was the final price and, if agreed to, that's the final price. The fact that I raised my offer twice during the negotiations is not license to renege on a quoted offer after its been accepted. That's all.

Thanks again for the discussion.

[kmacdonald]

They fall in the same category as used car salesmen, real estate agents, insurance salesmen, etc. Buyer beware!!!!!!!!!!!!!!!!

[Capt Phil]

Ann Cate and S/V Third Day have it right! +1... cheers, live and learn... Phil

[Capt Phil]

Originally Posted by TCL

Thanks for the various replies. Just to clear up a few things.

To the person who essentially said that I've done something wrong by posting because I'm anonymous, my name is Tom Lundin. I'm an attorney, practicing for nearly 20 years, including in the area of defamation, as well as commercial transactions. What I posted isn't libel under any definition. In addition, if I decided not to bring a settlement offer to my client, it would violate my ethics rules. I believed based on my experience with real estate brokers, and another poster confirmed, that brokers have a similar duty to bring offers to their clients. But note that I used "unprofessional," not "unethical," in my original post. And I acknowledged that it only appeared that he did not bring the offers to his client until I'd agreed to their stated (in writing) final price, although the circumstantial evidence certainly seems to suggest that, inasmuch as he said he "thought the final price was $X but owner says $Y is his lowest."

The more significant issue, which seems to have been lost in this thread, is that the broker texted/emailed, to my broker, not to me, in two separate messages, that the "final price" was $X. When I instructed my broker to agree to *that price*, they raised it by $5K. That wasn't a "verbal" counteroffer, and I thought it was unprofessional to state, in writing, a "final" price, only to raise it after I'd agreed to it. Indeed, if we'd been exchanging signed purchase offers and counteroffers, my acceptance would've been binding. But, as noted, the listing broker refused to send a counteroffer signed by the seller, saying "that's not how my company does things."

In my experience, a broker should have had the conversation with his/her seller about what was the final price and, if agreed to, that's the final price. The fact that I raised my offer twice during the negotiations is not license to renege on a quoted offer after its been accepted. That's all.

Thanks again for the discussion.

Well said, TCL... Phil

[zeehag]

i have experienced that behavior from both sides--as seller and as buyer-- both times i left that broker and sold or bought independently.

[JPA Cate]

Originally Posted by TCL

Thanks for the various replies. Just to clear up a few things.

To the person who essentially said that I've done something wrong by posting because I'm anonymous, my name is Tom Lundin. I'm an attorney, practicing for nearly 20 years, including in the area of defamation, as well as commercial transactions. What I posted isn't libel under any definition. In addition, if I decided not to bring a settlement offer to my client, it would violate my ethics rules. I believed based on my experience with real estate brokers, and another poster confirmed, that brokers have a similar duty to bring offers to their clients. But note that I used "unprofessional," not "unethical," in my original post. And I acknowledged that it only appeared that he did not bring the offers to his client until I'd agreed to their stated (in writing) final price, although the circumstantial evidence certainly seems to suggest that, inasmuch as he said he "thought the final price was $X but owner says $Y is his lowest."

The more significant issue, which seems to have been lost in this thread, is that the broker texted/emailed, to my broker, not to me, in two separate messages, that the "final price" was $X. When I instructed my broker to agree to *that price*, they raised it by $5K. That wasn't a "verbal" counteroffer, and I thought it was unprofessional to state, in writing, a "final" price, only to raise it after I'd agreed to it. Indeed, if we'd been exchanging signed purchase offers and counteroffers, my acceptance would've been binding. But, as noted, the listing broker refused to send a counteroffer signed by the seller, saying "that's not how my company does things."

In my experience, a broker should have had the conversation with his/her seller about what was the final price and, if agreed to, that's the final price. The fact that I raised my offer twice during the negotiations is not license to renege on a quoted offer after its been accepted. That's all.

Thanks again for the discussion.

Good on ya, mate, thank you for the clarification.

[tomdidit]

Originally Posted by kmacdonald

They fall in the same category as used car salesmen, real estate agents, insurance salesmen, etc. Buyer beware!!!!!!!!!!!!!!!!

So, all sales people are out to screw you....the only pure person in the room?

There are good and bad in ALL professions. Support the good ones and leave the bad ones. That could be your builder, doctor, lawyer, whatever!

[Hudson Force]

I'm hesitant to post another reply on this thread,- it would probably be best to let it fade away, but I did have an opportunity to spend about 20 minutes in the office of the broker that is the subject of this thread and he shared the events related to this topic. There was a change in the in the seller's decision to accept "x"$ and then later to require "y"$ during the events.

The broker expressed that it's not uncommon, during potential transactions, for people to have impressions that the are not being treated fairly, whether this might be the buyer or the seller.

Mr. English expressed no real concern and certainly no anger about the content of this thread or individuals involved. He presented the events without defense or accusations and remains professional by my interpretation.

[SV THIRD DAY]

I've now sent in 4 emails over the last few days to a Broker for a boat I think I would like to purchase asking for additional photos and specs. So far, all I've received is a "what photos you want" email back. So here's a guy with cash in hand trying to buy a boat and the broker is....well what is he doing...because he isn't trying to sell me a boat, that's all I know.

[sailpower]

A broker receives an email asking for "additional information" and "more photos" in response to a listing that already contains information and photos and the broker is somehow at fault for asking specifically what you would like to additionally know or see?

This doesn't sound like you based on what I have read from you in the past.

Sent from my VS990 using Cruisers Sailing Forum mobile app

[SV THIRD DAY]

Originally Posted by sailpower

A broker receives an email asking for "additional information" and "more photos" in response to a listing that already contains information and photos and the broker is somehow at fault for asking specifically what you would like to additionally know or see?

This doesn't sound like you based on what I have read from you in the past.

We all have our weaknesses in life...mine is seeing poor customer service...

Having taken a water maker order from the steps of the Roman Colosseum while on Vacation in Italy on the back of a tour guide map...you can't tell me the broker can't tell me what type of motor is on a boat and get me a photo of the interior in less than 36hrs.

There's this new thing called email on your phone, so he should be able to answer me back from the bar pretty easy....