# Explain this home (non)buying scam

**URL:** <https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437>\
**Category:** Factual Questions\
**Created:** [October 5, 2013, 3:00pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437 "2013-10-05T15:00:30Z")\
**Posts on this page:** 8\
**Page:** 3

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**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\
**Post date:** [October 8, 2013, 6:46pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/41 "2013-10-08T18:46:54Z")

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> [@kayaker](#):
>
> In my specific case I was as clear as possible. The price asked was stated as “firm” and my agent was told not to contact me with offers less than asking price. I wasn’t being “scammy”, I was just a bit pissed at getting a voicemail that got my hopes up but was unnecessary.
> 
> My agent was a tad embarrassed, but I wasn’t contacted by her again for a month, and then it was with an acceptable offer that went quickly to closing.

And in the meantime you pissed off a motivated buyer who probably assumed that your “firm” position was a negotiating tactic, and who might have met your price that much sooner if you hadn’t been a jerk because _your agent_, not the buyer, pissed you off. Sorry, but from the point of view of the buyer, you _were_ being scammy.

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**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\
**Post date:** [October 9, 2013, 4:05am UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/42 "2013-10-09T04:05:00Z")

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> [@kayaker](#):
>
> In my specific case I was as clear as possible. The price asked was stated as “firm” and my agent was told not to contact me with offers less than asking price. I wasn’t being “scammy”, I was just a bit pissed at getting a voicemail that got my hopes up but was unnecessary.

Well its the agent being a bit scammy. They want to encourage the buyer to offer a bit more , and the seller to accept a bit less. Going against your instructions, knowing it will annoy you, is one way. Perhaps they test the waters the first time.  
Perhaps they call when they know they can leave a message rather than talk to you directly…

But why else does an agent exist , except to bring the buyer and seller closer together…

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [October 9, 2013, 10:53am UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/43 "2013-10-09T10:53:17Z")

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OK, I could have handled it differently. But it sold! 😉

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**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\
**Post date:** [October 9, 2013, 12:23pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/44 "2013-10-09T12:23:22Z")

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> [@Voyager](#):
>
> How many people are bidding? What is the minimum price? How many other houses are being auctioned at the same time? How long does it last?
> 
> Might be good in a hot market - and when there are multiple offers you get into an auction situation anyway, but it would be awful in a slow market.

In a hot market you are going to sell easily anyway. It is in a slow market that auctions are beneficial. The auction house will usually advertise widely and there will be a good many serious bidders. It is true, however, that most bidders will not be people who want to buy the house and move in. They will be buying as an investment; either for rental, or to ‘do it up’ and sell it on for a profit.

Prices at auction are generally lower than with private sales so it may depend on whether you have time to hang on for the better price. There are other factors too - For example, it is incumbent on a private seller to disclose any problems with neighbours. This would not apply at auction.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [October 10, 2013, 4:18pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/45 "2013-10-10T16:18:09Z")

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IIRC an agent is required to present all offers. If she says “the price is firm” and they insist “I don’t care, offer them 5% less” she has to tell you.

If say, 6 months down the road, the house hasn’t sold and you sue her because she never told you about the offer, a judge may have to analyze the instructions (if they were in writing) and decide whether you really meant it or it was a bargaining ploy. I’m sure every seller starts with “my price is firm” and goes from there.

Also, another ploy IIRC from the “Million Dollar Deal” RE porn on TV - was to drag the seller into a month or more of negotiations so they just want to unload the place. Then, they drag out the home inspection with all its picky minutae and try to use each point to ask for a reduction in price. Eventually, they hope to wheedle a few percent off the price - “the furnace is old, that will cost me $4,000 in the next few years”; “The shingles are old and I will need to spend $10,000 re-roofing soon.” They probably never do these (until the furnace dies, etc.) but they cut the price.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [October 10, 2013, 6:02pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/46 "2013-10-10T18:02:48Z")

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> [@commasense](#):
>
> And in the meantime you pissed off a motivated buyer who probably assumed that your “firm” position was a negotiating tactic, and who might have met your price that much sooner if you hadn’t been a jerk because _your agent_, not the buyer, pissed you off. Sorry, but from the point of view of the buyer, you _were_ being scammy.

Plus the fact that if I set a price on a house and the buyer _doesn’t_ try to negotiate I would expect a scam to be in the works like, “Can I use a cashier’s check to buy your house?” or “You would pay the shipper out of the extra money I am paypalling you.”

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**Author:** ![Icarus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/icarus/32/72_2.png) [@Icarus](https://boards.straightdope.com/u/Icarus)\
**Post date:** [October 10, 2013, 8:39pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/47 "2013-10-10T20:39:42Z")

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> [@Isilder](#):
>
> Well its the agent being a bit scammy. They want to encourage the buyer to offer a bit more , and the seller to accept a bit less. Going against your instructions, knowing it will annoy you, is one way. Perhaps they test the waters the first time.  
> Perhaps they call when they know they can leave a message rather than talk to you directly…
> 
> But why else does an agent exist , except to bring the buyer and seller closer together…

Agents spend all day hearing “absolutes” from buyers and sellers that turn out to be not-so-absolute. IMHO it was well within the agents purview to present the discounted offer. They needed to test the absolute that kayaker stated. So, they found out their answer! …The more you know…

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**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\
**Post date:** [October 10, 2013, 9:51pm UTC](https://boards.straightdope.com/t/explain-this-home-non-buying-scam/670437/48 "2013-10-10T21:51:18Z")

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> [@bob\_2](#):
>
> There are other factors too - For example, it is incumbent on a private seller to disclose any problems with neighbours. This would not apply at auction.

Where did you read that? I don’t even know if the seller is required to give this information when asked - around here he certainly isn’t required to volunteer it. In any case, one person’s problem might not be another.  
My neighbor plays the drums all afternoon.  
Awesome! I’ll invite her over to jam in my garage!

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