Edith: I am curious if a game is being played with my daughter and son-in-law by Realtors. They have made offers on several houses (houses that have had no offers for some time), only to be told that, magically, a second offer is now on the table. They are not told how much it is, so they are left to decide if they should up their offer. I find it suspicious that suddenly offers appear on homes that have been sitting on the market. This feels like a new Realtor game to hopefully get the buyer to up their bid for fear of losing out.

What rights does the buyer have to truthfully know if there is another offer? Do you have any right to know that your offer was lower except by just guessing? Should all offers (both original and counteroffers) be in writing from both parties? — Via e-mail

Answer: I doubt if anybody's lying here. Agents who tried that game would risk losing genuine buyers, who might just get discouraged and withdraw their offers. Not to mention, of course, violating Realtor ethics and license law.

Perhaps several offers appeared all at once because what attracted your kids motivated others at the same time — recent price reductions on those houses. At any rate, I think we'll have to chalk it all up to coincidence. If it keeps happening, perhaps it's your kids who are playing games with lowball offers.

But to answer your questions:

The seller and seller's agent have the right to keep any information confidential (except about defects in the property).

And yes, all offers and counteroffers should be in writing. Otherwise they're not binding. In the sale of real estate, nothing counts unless it's in writing and signed.

Bank Behind On Taxes

Dear Mrs. Lank: Our taxes are included in our mortgage payment. Twice, we have received notices that our local and school taxes were not paid. Last week we received a notice that our home would be put up for auction due to back taxes. The bank said they didn't know what was owed. I had to tell them. How can we force the bank to pay our taxes on time? — F.S.

Answer: Double-check with the assessor's office that the bills are being sent directly to the bank, which, by the way, is responsible for any late charges. Don't let them take it out of your escrow account.

Then report the problem to the agency that supervises mortgage banking in your state. A librarian can help you find an address and consumer hotline phone number.

About Seller Assistance

Ms. Lank: My mother put her house up for sale and within a week we had an offer. She agreed; then, when the agent came with the papers, there was another 2 percent added for seller's assistance. I told her I would say no to that. Is this common? I've bought and sold several homes and never came across it before. — Via e-mail

Answer: I don't know what your mother should do, but in today's difficult market, seller assistance with the buyer's closing costs ("seller concessions") is fairly common.

Are There Liens?

Ms. Lank: Where do I go to find out about liens on a house and if the owners are paid up on property taxes? — E.S.

Answer: Anyone is entitled to look in the county's public records.

When someone buys real estate, the written contract usually promises the seller will deliver a clear title. Rather than relying on that, a prudent buyer has the public records searched before closing, to make sure there are no undisclosed liens on the property, including unpaid taxes. Depending on local custom, the search may be done by an attorney, title company, abstractor or escrow company.

You can also look those things up yourself. Talk with the county clerk's office and tax office.

Earnest Money In Limbo

Ms. Lank: I paid earnest money and neither the agent nor the owner will return my $1,000. The deal is closed. No repairs were made, which voided the contract, and the appraisal came back too low. What action should I take? — Via e-mail

Answer: When you say the deal is closed, I think you mean just the opposite: that the deal is off and won't close. I wonder, does the seller agree that the contract is void?

The broker can't release earnest money until both parties say so. You'd have to try going after the seller. For a sum like $1,000, the best bet is inexpensive small claims court, where you can represent yourself. Take in all the documents, tell your story and see what a judge says.

Edith Lank will respond personally to any questions sent to her at 240 Hemingway Drive, Rochester, NY 14620 (please include a stamped return envelope), or readers may e-mail her at ehlank@aol.com.

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