Can a sellers agent deny a proper all legal document offer and not present the offer to the seller

UPDATED: Oct 1, 2022

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Can a sellers agent deny a proper all legal document offer and not present the offer to the seller

I provided a good offer. Provided a
copy of my pre approval letter. All
paperwork was signed properly. However I
was denied by the sellers agent to
present it to the sellers.

Asked on January 5, 2018 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Generally no, the agent can't do this, but it may not matter unless you can show that some prohibited bias was involved.
1) The agent's role is not not to make decisions for the homeowner, but to pass on offers received (while facilitating any paperwork, etc. as needed). Unless the owner had given the agent instructions to only pass on offers within certain parameters and yours fell outside those paramaters, the agent should have transmitted your offer.
2) However, even if you felt your offer was "good," a homeowner never has to accept any given offer, even at or over asking price ones; therefore, even if passed along, the owner could have rejected it. As a result, there is generally no recourse against the agent for not passing it along (and no way to force the owner to take the offer), since the homeowner's discretion is absolute and you can't prove that the offer would have been accepted.
3) The above said, there is no discrimination in housing on the basis of race, color, national origin, religion, disability, or family status. If you feel that the reason the agent refused to transmit your offer was one of these reasons, you may have a housing discrimination claim against the agent and should contact the MI Dept. of Civil Rights about filing a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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