As a licensed real estate agent making an offer on a home and acting as a buyer, can I contact the seller when the home is listed with another agent?

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As a licensed real estate agent making an offer on a home and acting as a buyer, can I contact the seller when the home is listed with another agent?

I am a licensed real estate agent. I am making an offer on a home for my husband and I. The listing agent has had the property listed as active in the MLS for over 8 months but continues to tell us that it is under contract. Am I allowed to contact the seller directly to ensure they have received our offer? The listing agent told us they have chosen to work with a cash buyer (we are financing) after we had submitted our original offer but the MLS continues to show the home as available.

Asked on January 18, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the DRE regulations of all states in this country, you as a licensed real estate agent are required to act through the seller's agent even though you are the interested buyer in the home you are writing about. You cannot ethically contact the seller since he or she is being represented in the listing by his or her own agent.

You are required to deal directly with the listing agent and brokerage. Ethically the listing agent is required to convey all offers to the seller even then the seller is in contract due to the possibility of a back up offer.


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