Is this ethical behavior?
In NYS. We did not have our own realtor, and so contacted the selling realtor, who connected us with her partner and did a "split" of some sort so that it wasn't a conflict of interest. The listing stated "Seller requests best and final - no escalation clauses will be accepted."
We made our best and final offer - $50,000 over asking, plus $50,000 EMD. It felt like a pretty solid - "we don't want to lose this house" bid. We received a phone call saying that there were 10 offers, and we were "almost the same" as another offer, did we want to change our offer? We said that we'd made our best and final, and declined. At the next call, our offer was "still under consideration, but there were 2 other offers above ours. This implies they called all the other potential buyers and asked if they wanted to adjust their bid. When arguing that this seemed unethical after posting "give us your best and final offer" she said " we have to represent the seller", and we said "you're supposed to be representing us." Yes, the same office was representing the seller, but wasn't the whole point of them being dual agents that someone actually represented us and worked on our behalf?
Is it acceptable to post "best and final offers, no escalation clauses" but then contact a group of bidders to ask if they want to increase their bid?
Also, separate but semi-related: if a buyer says, "tell the seller I will give them $2500 right now to buy the option to beat the high bid by at least $2500. I may choose to beat the bid, I may choose not to, but they keep the $2500 no matter what, as they gave me the option to beat it." Is that unethical or illegal?