Legal Question in Real Estate Law in New York

Seller's Agent setting Buyers Listing Price

I am currently in the process of putting an offer in on a home and the sellers Real estate Agent is trying to tell me what to list my house for in their counter offer. Is that leagal? Can the Sellers Agent set a price for a house she has never seen. If not what recourse do I have if any?

Thanks


Asked on 1/03/05, 8:35 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Seller's Agent setting Buyers Listing Price

You do not say if your offer is contingent on the sale of your existing home? Presuming it is, it appears although not illegal, the Seller's broker is trying to assure your contingency will be met by controlling the sale of your house. The suggested price may have been obtained from a review of multiple listings of comparable houses in your area that are available on the Internet. It may also be that the broker is trying to capitalize on your offer by getting both a commission on the purchase of the new house and the sale of your house also. You are not compelled to list the house with the selling broker and you are free to list it with whomever you desire. If the sale of your house is going to be a contingency of the offer and the closing, it might not be a bad idea to list it with the selling broker, but at a reasonable asking price that you determine, since it would be a good idea to have someone in your corner if your sale gets delayed for some reason and any delay in sale impacts on your purchase. More information is needed to give you more than a general response to your question.

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Answered on 1/03/05, 10:36 am


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