Yes you do.
If you've made every reasonable effort to contact the listing broker, and the listing brokerage is not returning your calls or responding to your emails or texts and their office is closed? You're working in your client's best interest and the property is offered, so contact the seller. You're not trying to cut out the listing agent.

yes, you DO contact the seller.... ditto to Candice's comment....

In the 1990's Buyer agents were considered taboo and listing agents REFUSED to submit our offers.

I would either call the seller on the phone or leave a voice mail that told them them to contact their agent to review our offer OR I would deliver the offer directly to the seller and ask them to call their agent.

While it is my job to make sure that my clients offer is presented, the listing agent should have the opportunity to be there...if possible.

You better believe that this pissed off a lot of listing agents but they never filed a complaint....because they had no grounds to.  They were the one guilty of violating the code of ethics, restraint of trade and interfering in my agency relationship (my ability to represent my client).

Eve

I think if you have tried every avenue and carefully document, and checked with your broker (and perhaps legal) I would go ahead and contact the seller.

In addition to the suggestions already given, I would notify the local association office and explain the situation (and notify them of the necessary action to contact the seller direct) so you cannot be accused of unethical behavior.  

Yes, if possible - has happened to me actaully several years ago - what a cluster clump!

Never call the seller directly, email the offer to the listing agent and wait till morning to talk to the listing agent. 

ditto to Candice A. Donofrio and the advice your attorney gave you.  A

Document all repeated attempts through all available resources.

Then I would have the seller contacted with the following message:

Would you call your broker for me. If you can not reach your broker directly call me back by ###.

I would not attempt to bypass listing broker but would secure my spot at the front of the line. 

In my board, and I believe in all of Cali too, we are allowed to present offers directly to the seller, bypassing the agent.  It is considered VERY bad form, but it is allowed.  They even go over it in new agent orientation.  I think I've seen one or two agents try it in 30 years.  I don't think the seller allowed it in either case.

Document your efforts to reach the listing broker carefully. Also, choose your written words carefully in emails or other written forms of communication, in order to ensure that you are not "cutting out" the listing broker, but rather are looking after the Parties' best interests by communicating the Offer.

Legally we are allowed to if we document our attempts to reach agent/broker.  But I've never not been able to reach an office in my market during business hours.

Fred Griffin I did contact seller once - when I was not getting the response. And immediately after that, the listing agent was 'perfect' in communication with me!

As a last ditch effort I would contact the seller.

Make every reasonable effort and document!!!  Then contact the seller directly and ask how they would like to proceed.  Always through it into the sellers court.

Document!Document! 

I would call the seller to explain the situation and ask them to help me get the message to their agent.  But I probably wouldn't try to present an offer until we got hold of the listing agent, at least not before talking it over with my broker, who is really smart about this stuff.

More and more agent do not answer their phones, but if there is also nothing confirming a receipt of offer~ you are in trouble. In my mls, we just click ''report'' if the agent does not show any signs of life and they quickly locate that agent. 

I say no - contact listing broker. If it's one in the same then you're really in trouble & have no other choice but to leave a note for the seller. I would include the contact times for the other agent.

Yes.

I still would  call the seller.

This situation was brought up in classes years ago, and luckily have never had this happen.

Fred Griffin how long after writing the offer are you talking about?  Call, text and email to reach the listing agent.  Give them until the next day.  Consult your broker.  Get their advice first.

The listing agreement is a contract.   Most listing agreements are Exclusive Right to Sell, meaning the listing agent is entitled to their agreed to commission, no matter WHO sells the property, such as the buyer's agent. The listing agreement DOES establish "representation" so I have no idea what the lawyer is talking about.  You have a fiduciary duty to your client, the buyer.  If they want their offer presented to the seller, and the listing agent is AWOL, you follow the instructions of your client, the buyer, and present the offer to the seller.  You do not negotiate the offer with the seller.  You present it. You have a fiduciary duty to your client of obedience, and if they instruct you to take their offer to the seller, you do just that.  And SHAME on the listing agent for not having a back-up agent in place to represent their client, the seller, should an offer manifest in their AWOL'ness. 

Contact your state real estate commission and ask them.

Move on to another property. I would not contact the seller if the listing is still in effect.

Interesting question... it may not be technically legal to contact another agent's client. I'd check with my broker-in-charge first to see if he couldn't get hold of the other brokerage's BIC to work something out.

I would drive to the listing agents office. If say 2 days go by, i may drop off teh offer with the seller if i still could not reach anyone documenting each attempt for when that listing agent explodes you dropped it off with the seller direct. 

There will be a myriad of different answers based on the state in which you practice.  Keep in mind, however, that the three states with the most stringent consumer laws are New York, California, and Florida--so greater care should be exercised in these states.

In California, agency law would dictate that once you have been made aware of an agency relationship and, further, you know who represents the seller, you are not allowed to breach the "wall" and approach the seller.  So while it may be acceptable in other states to contact a seller directly, my sense is that--at least here in Cali--such actions would not be allowed.

But a bigger question to ask is, if the seller is still being represented by his/her agent broker, would getting an offer to the seller now (rather than upon the agent's return) necessarily give you or your buyers any "advantage" over any other offer.  My feeling is it would not, and moreover, it might greatly disadvantage your clients. Truth is, the seller will not "move"on a decision without the advice or review of their agent, and talking directly to the seller...yeah, I'm sure you would not appreciate it at all if the shoe were on the other foot.

I realize you already contacted the owners, so you are now taking the proper steps to resolve this matter with Board and legal help, so I wish you good luck  in this one.  Fingers crossed, it all works out!

I would have done just as you did.

Reminds me of the time I tried to make an offer and for some reason the broker had not renewed his license therefore the listing agent did not have an active license. I called the seller, whom I know, to tell her about it as I could not make the offer except to her! It all got worked out, but...

I would never contact the seller directly. That will not bode well at all. I would just keep trying to reach the agent or broker.

I think legal advice is the way to go. 

Yes if after 24 hours you still haven't gotten ahold of agent or broker contact seller.

Oh Hell YES!  Document. Document. Document. 

Absolutely you contact the seller when all else fails!

It has not happened to me.

Because we write offers which could expire in hours if not minutes I will confer with my Broker before taking it to that level. It's not the recommended option for anyone but sometimes it must be done.

Absolutely do what it takes but be prepared to explain yourself well when you do...BTW...an agent that isn't contactable is not acting out an accident

Fred- I had to read all of the responses because I was curious as to what the responses would be.  And, while I'm not an agent, I totally agree with contacting the sellers directly if all means to contact the listing agent have been exhausted. 

So glad to read that the deal closed and everyone was happy - everyone had excellent answers Fred Griffin.  What a difficult situation, as you want that   Seller to know that you have a Buyer with an Offer! 

Closed? as in out of business?

Seems that they are not really represented.

I would contact the agents broker or main office (usually someone is on phone duty after hours).  If that didn't work, I would contact my broker.  Could be that the agent is out of town and someone else is handling it.  I would exhaust all my options and talking to the seller directly could cross some lines that could get you in trouble.

I would call the Broker Manager and follow up with an email to this person and ask for response to your offer and email. Finally I would call the board to make a complaint.

Already some good answers, but I have always thought that you can't contact the seller directly under any circumstances. I would probably have my broker sit in with me when I did it or perhaps call his/her broker to intervene.

Here we would have to also fax the document's to the office as they could say they did not get the email. Yes present the offer.