Market Wise Column

Buyers lose out when agent sends an assistant to present offer 

September 2, 2018 
By Pat Kapowich for the Bay Area News Group (BANG), the largest publisher of daily and weekly newspapers in the San Francisco Bay Area, including its flagship The Mercury News. 
Q: Yesterday, we received three offers on our townhouse. Our listing agent was uncomfortable with a loan officer presenting the purchase offer for the buyer's agent. She made a big deal about it. My partner and I did not care who submitted the proposal, as it was the best of the three offers.  We have not heard back regarding the counterproposal we generated last night for the loan officer acting on behalf of the agent.  Our agent is unhappy we went with the loan officer's buyers.  Are we in a precarious position by overriding our listing agent's objection to countering the loan officer's purchase offer?

A: Not according to one real estate attorney I consulted. However, many other real estate attorneys might disagree during a lawsuit. Seasoned agents for decades have been taken aback when a buyer's agent sends an underling to present a purchase offer. It's happened to me on several occasions. Buyers hire a buyer's agent to secure a property by way of offer, acceptance, and ratification.  Shifting the groundwork of buying a home during the most pivotal moments to an unlicensed assistant is nothing less than stunning.  It's important to note that brokering real estate in today's fast-paced world is commonly over email servers. Emailing a purchase offer is even more counter-productive then sending an apprentice to present in front of sellers and listing agents.  On the other hand, a minority of agents still requests the buyer's agent to submit their buyer's purchase offer in-person.  A purchase offer presentation is also a "job interview." The sellers and listing agents need competent licensees who can perform the all-important critical duties of a buyer's agent.  Regardless, investigate loan officers at the Nationwide Multistate Licensing System (NMLS) via   And always make sure a real estate agent is also an upstanding licensee at the Department of Real Estate (DRE) via Home sales are the most critical transactions in people's lives and should be not brokered with smartphones and tablets. 

Have a question? Need a Realtor? In his three-decade career, broker Pat Kapowich has been providing clients and attorneys turnkey services including relocation, property prep, staging, market analysis, and strategic planning. 

Call 408-245-7700 or email:

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