Does anyone know how the HAR form "Evidence of Presentation of Earnest Money" work?

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Jun 08, 2017 3,870 Answer a Question

I sent this form "Evidence of Presentation" to the listing agent because I suspect that our offer was not presented. The listing agent refuses to have the seller sign it and send it back to me. Is it legal for me to send the form along with the original 1-4 contract directly to the seller to sign? We just want to know if our offer was presented. Is this form supposed to be sent directly to seller in the first place? That would make the most sense, because why would the listing agent do it? Is there a legal way to get the listing agent to get the seller's signature and send the form back to us? I guess I should call HAR for some answers. HAR is the only board, I think, that has a form like this. Also, does the listing agent have a duty to call or contact buyer's rep about the outcome of wether or not the offer was accepted. We never got an answer about our offer for 2 days. My buyer didn't want us to reach out...buyer was very angry. Isn't it the "ethical" thing to do?

Diamond

Ryan Kohn

About 6 years ago

I do not believe this is an accurate form for what you are trying to accomplish, nor am I aware of one that will accomplish this. While the standard requirements would include listing agent to present any and all offers to seller, there are exceptions to this if the seller has put in writing specifications that will definitely not be considered. There is also no provision that an offer that is declined must be responded to. You are sending the listing agent a form that requires sellers to do more work and read and also commits them to counter your offer if it is declined. If you were to send one to me I doubt that I would ask my client to go through unnecessary motions that would only help to satisfy your buyer. I would however, have presented the offer to my client, unless given permission otherwise, and responded with their direction, but again, the response to the buyers agent is not required from TREC.

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