Desperate sellers or desperate agents?

In the past 3 months I have run into 2 situations where it appears the sellers best interest are not in the best interest of their agent. In both instances I represented the buyer and placed offers on properties when there was existing offers with acceptances, but NO signed contracts. In the first instance my buyers placed an offer $3K over list price, knowing they had to make a strong offer. In the other my buyers placed an offer $10k under list price. Both offers had mortgage contingencies, though the later being half cash, and both had structural inspection contingencies...not out of this world contingencies!

According to the rules we play by, the listing agent has the duty to present all offers that are received before the contract is fully executed. Regardless if the current offer is accepted, or if they are "in house" (listing agency procures the buyer) the listing agent must present any offer received. They work for the seller. They have a duty to get as much money for their seller as possible, without personal bias, until the time the contract is fully signed by both parties.

Both times we were told the seller had accepted the other offer, within 4 hours! Fine. Move on.

When the two properties came up as sold on our MLS hot sheet, I stared in shock at what I saw. The first sold by cash, "in house" at $13K under list price, or in other words, $16K below our offer. I cannot see the contingencies on our hot sheet, all I see is how it sold, by whom, and the closed price. The other sold for $75K under list price ($65K under our offer) cash, "in house".

A few questions:
How is this representing the seller? It's not, plain and simple! There is no way a seller would leave $65K on the table without at least considering the offer.

Did those agents even present our offer? Hard to tell, I would like to think they did, however I know of no seller that would at least not ask for a best and final offer from both parties being that the original offers appeared to be so low.

Do these small, local real estate companies not want to co-broke, and instead keep their deals in house? Bingo! They feel threatened by our big, national company, and tell their sellers "in order for us to stay alive you need to only accept offers from our agents." The easiest way to say this without saying this, is to not present our offers. The seller has no clue an offer came in, and the small real estate office can line their pockets with what should be our commissions.

Desperate sellers, or desperate agents?

-Josh Pratt