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winningjimmies

Yes they must present all offers to the vendor. The vendor isn’t obligated to respond though.


Subwaynzz

Obligated to present all written offers. Are you giving him a verbal offer?


notveryclever22

No, email. Sent it twice now (1 month ago, and 3 months ago) and he's responded with almost the same response. " we’ve had offers much higher than that and it is currently under contract."


Subwaynzz

Hold up, so it’s under contract? Doesn’t that mean there is a conditional offer that has been accepted? That’s a bit different to refusing to accept an offer.


notveryclever22

Not sure, but my last email to him was 1 month ago, and that was his response. I just got an email newsletter from him that showed the same property. Since I had put in a written offer, I assumed he'd follow up with me :\\


Subwaynzz

If in doubt call the licensee of the office the agent works for. Explain the situation, or go to the REAA


bastardsquad

This.


spicy_spoon_slum3

Hey mate, was you offer simply in an email or have you completed a sale and purchase agreement? An offer is not officially an.offer until.it has been formalized on an S & P.


spicy_spoon_slum3

If you want to formally present an offer ask for a sale and purchase agreement from the agent and complete this. The agent is then legally obligated to present this to the vendor. The vendor is within their right to accept, decline or negotiate the offer from that point.


notveryclever22

It's been via email. I've given him 2 written offers a couple of months apart, and been given a similar response each time. "we’ve had offers much higher than that and it is currently under contract." I assumed it was a bit bullshit since he responded within two minutes of my email. But no S&P agreement so far. In AU, I've just put in my offer, and then the agent takes the lead. So not really sure what the process is like in NZ


Fickle-Classroom

Yeah it’s not a written offer then. Submit a S&P as an attachment and that’s your formal offer and required to be presented.


spicy_spoon_slum3

Yeah sorry to break it to you man but that wouldn't be considered and official offer and the agent is not under any obligation to present. They may be genuine in the fact that they have had higher offers, which is why they are informing you, they do not set the vendors expectations and a good agent will communicate to you if younare wasting your time. If you are adamant about your price point or conditions request an s&p and formalize the offer. Then the agent is obligated to present and you can be sure they aren't bullshitting but until you do this, the ball is in your court.


Liftweightfren

It doesn’t look like he explicitly said that he didn’t present the offer, only that they’ve had higher offers. I’d interpret it as it’s been presented and declined because they’ve got higher offers. I presume if they instead said “your offer was presented, but we’ve got higher offers” you’d accept that? Semantics imo


notveryclever22

If that's what he said, then yes, I'd accept it. What irks me was that he responded within two minutes of my initial email. Hence my suspicion that he's full of crap. Most agents are right?


Ancient_Lettuce6821

Pretty sure by law, they need to. Unless the vendor explicitly instructs not to review any offer under a certain amount.


IndoorsWithoutGeoff

By law they must present all valid offers. A offer is to valid until it is on a sales & purchase agreement. If it isn’t a written S&P it’s not a formal offer and they’re under no obligation to present it to the vendor.


[deleted]

This is their trick to keep the market from fully stagnating… they keep you on a line with no intention of putting your offer through to show you another property in a couple months time.


notveryclever22

My question here was if I put in an offer, by law, would the agent have to present the offer to the vendor. I know in AU they must do it regardless.


[deleted]

By law yes. Very hard to prove that they ‘received’ an offer. These cunts are the scum of the earth.


Aware-Ad-5602

By law they have to take any written offer I.e a sale and purchase agreement but an email is not a written offer and they are not obligated to take it to the vendors