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Is It Legal to Pretend to Have Other Offers?

by Gary Kent / Thursday, 26 February 2015 / Published in Q&A - Home Selling Questions

Question:

“My wife and I have our home for sale and just got an offer. My agent said to get the price up, we should basically pretend to have other offers and make something called a multiple counter offer to the buyer. I have a very bad feeling about this and really don’t want to. What do you think?”

Answer:

Good for you and shame on your agent!

What he’s suggesting is both morally and legally wrong.

And there’s a legal term for making a multiple-counter offer that falsely states that you have other offers.

That term is FRAUD.

This exact thing happened about 20 years ago. A couple had their home with an agent who gave them the same advice. They lost all trust in that agent and fortunately were able to cancel their agreement. They listed their home with me and we sold it…WITHOUT committing any fraud whatsoever!

You may be asking yourself…does this situation happen often?

I don’t think it does. But it’s situations like this that give real estate agents a bad name.

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Tagged under: ask gary kent, home offers, real estate agents, san diego home selling

About Gary Kent

Licensed since 1984, San Diego real estate broker Gary Kent is a recognized authority on real estate. In addition to selling over 5,500 homes for clients, he has been an expert court witness, trainer of other agents, and he does seminars on home buying, home selling, and investing. Gary has sold homes for The Salvation Army, dozens of major banks, and Fannie Mae, amongst others. You can find Gary on Facebook, Instagram and YouTube.

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