Probably the agent trying to slip their own buyer in on it but it is not fraud. The lender has the choice of accepting, rejecting or countering the offer. It is not the sellers obligation to bring them the highest offer and sometimes it is not in the sellers best interest to do so (i.e. someone submits an offer well beyond what a house could appraise with financing they will never get).
BTW, if you would pay more for that house than what it is listed there is no way you can ever expect to win our wager.
