Buying a home is often a mix of excitement and stress, especially when issues like foundation damage and agent disagreements come into play. If you've found a property you want to pursue—despite the crack in the foundation—but your realtor refuses to submit your low offer, it can feel like you're stuck. Here’s how to navigate this tricky situation.
Understand The Scope Of The Damage
A foundation crack can be a minor cosmetic issue or a sign of major structural problems. Before making a low offer, ensure you’ve had a qualified home inspector or structural engineer evaluate the damage. Their written assessment will strengthen your position and may provide a realistic estimate of the cost of repairs—something you can use in negotiations.
Know That You Have The Right To Make Any Offer
As the buyer and client, you have the legal right to make any offer you see fit. Your agent works for you and is obligated to submit your offer as long as it's legal and written. While agents may advise against low offers, refusing to write it up altogether could be considered unethical or even a breach of fiduciary duty, depending on the rules in your state or province.
Ask For Your Realtor’s Reasoning
Before assuming bad intent, ask your realtor to clearly explain their refusal. They may believe a $70,000 under-asking offer could offend the seller and shut down negotiations. Or, they may think it damages their reputation. However, the final decision should rest with you, not them. A good agent advises—they don’t dictate.
Use Inspection Results To Justify The Offer
If the foundation damage is significant, back your offer with inspection reports, contractor estimates, and comparable sales. A well-documented low offer is much more persuasive than one that appears arbitrary. This also helps protect you from overpaying for a home that could require tens of thousands of dollars in repairs.
Talk To The Broker If Necessary
If your realtor still won’t submit the offer, consider speaking directly to their broker or agency manager. Realtors are often licensed under a brokerage, and the broker may be more experienced or more flexible about submitting low offers, especially if it’s supported by evidence.
Consider Finding A New Agent
If your realtor refuses to work with you on this or other decisions, it may be time to find a different agent who respects your choices. Look for someone who is responsive, realistic, and who understands investor-style offers if that aligns with your buying style. You deserve an agent who works for your best interests.
You Can Submit An Offer Without An Agent
If all else fails, you can write up and submit an offer yourself or have a real estate attorney help. While it’s easier with a buyer’s agent, you are legally allowed to make offers directly to the listing agent. This route may require more paperwork and caution but can be worth it if you’re confident in your decision.
Be Prepared For Seller Pushback
A $70,000 reduction is substantial. Even with a foundation crack, some sellers may reject your offer outright. That doesn’t mean it was a bad move. It may open the door to future negotiation, especially if the house lingers on the market. Stand your ground if your offer is based on real repair costs and market comps.
Know When To Walk Away
If the seller refuses to budge and your agent is being uncooperative, ask yourself: is this the house worth fighting for? Or are there other properties that may be better deals with fewer strings attached? Sometimes, the smartest move is to walk away and find a home that better fits your budget and comfort level.
Don’t Let A Reluctant Realtor Derail Your Strategy
You’re the one buying the house—not your realtor. If you've done your homework, gotten professional evaluations, and believe your offer is justified, you have every right to pursue it. A great agent helps facilitate your decisions, not override them. Stand firm, seek proper representation, and make sure your real estate journey reflects your goals—not someone else’s comfort zone.
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