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Can't get rid of realtor!!

Posted by newhomeseeker (My Page) on
Thu, May 15, 08 at 16:27

I posted on here before about my experiences making an offer with the listing realtor of a house I liked. The sellers countered at $2,000 above our offer and I did not sign off on it because I found out that both banks I'd been preapproved through would not finance the property at the % of financing I was looking for. So I never countered or accepted their counter which means the deal is dead, contract is not valid. They would have to sign off on my original offer for the contract to be valid. I gave the realtor a check for 1% of the purchase price which was not to be cashed unless my offer was accepted. The contract does state if my offer is not accepted the check is returned to me (but does not give a time limit- my mistake!).

The sellers had three days to reply to my offer and they replied 2 hours later with a counter of the $2,000 less. I found out shortly after about the problems with the financing and my contract states if I can not obtain 95% financing at less than X% the contract is void. Well it shouldn't even have gotten to that point because I NEVER received the seller's counter offer in writing (realtor told me over the phone) and I never agreed to the counter offer anyway. I advised the selling realtor I could not obtain financing and did not wish to counter again or accept their counter offer.

Since then I've called and emailed her asking if she will please mail me my check back or should I pick it up (her office is about an hour away so I prefer she mail it). She calls or emails me EVERY single day with new idea on how to finance this property. She suggested my fiance be added to the loan (he has bad credit so I'm not doing that and even if he had great credit I wouldn't do that unless we were married already) She suggested I borrow money from my parents (can't do this either), she suggested that I could take the 90% financing the bank is offering and the sellers could pay my closing costs (basically I finance my closing costs in the loan by offering that much more) but again when I have to raise the price by that much I still can not quite afford the 10% down payment comfortably. This is a house being sold as is that needs some repairs so I want to have some cash left to do any repairs.

She has suggested a lease to own (not really interested as she said the sellers need at least $6,000 down for this option and lease to own just makes me nervous. And finally after I told her for about the tenth time that I'm not able to buy the home and that maybe if it is still on the market in three or four months (time it would take me to save the extra amount needed to make a 10% downpayment if I save very aggressively) that I might make an offer at that time but right now its not possible. I probably should not have said that. I sincerly hope the sellers find a buyer before three months but the house has been on the market exactly a year today. '

This listing realtor told me the home was transfering to her friend's real estate agency as she is retiring soon. Now she contacts me today (via email) and tells me "I will see if she'll continue the listing with us for a few more months if you think it will be that soon for sure so her commission expenses with another realtor will not go higher so she can still make the same offer to you."

NO NO!!!

I called her and emailed her and told her thanks for all her assitance but there is no possible way that I can know that I will have saved the money in that time or even if I'd still be interested in the house. I am still house hunting and am not in love with the house I made an offer on anyway. It was just the best of what I've seen. I DO NOT want her to convince the sellers to let her have the listing longer (she is flat fee, other realtor is commission) I just want my check back. what should I do?!


Follow-Up Postings:

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RE: Can't get rid of realtor!!

WHY are you desperate to buy a house?

Why are you angry? Maybe this is karma's way of telling you this is a financial death trap and to avoid it.

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I am still house hunting and am not in love with the house I made an offer on anyway.


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RE: Can't get rid of realtor!!

Just put in a stop payment at your bank and don't take the phone calls.


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RE: Can't get rid of realtor!!

If you can really walk away from the house and be fine with finding another, then just have your bank put a stop on the check, and don't answer her phone calls or emails anymore. Send her one last email saying, "No thanks" and be done with it. Some banks will charge a fee to stop a check, but a measly $20 or so would be worth it to me to not have to deal with her anymore - and give me peace of mind.


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RE: Can't get rid of realtor!!

Much like the person that wanders onto a used car lot you are a "potential buyer". Gold in this market. She has someone that's selling, which are a dime a dozen right now but it's the buyer that is king, or queen as it may be.
I would give her props for at least putting fourth a good effort at finding and working a buyer for her client.
As for the check, just demand it back through her Broker and tell her you're out of the market.
You could also just place a stop payment and move on.


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RE: Can't get rid of realtor!!

"can't get rid of Realtor"

She's doing her job, trying her best to sell that house for her clients.

Stop payment on the check or email her one more time telling her what day & time you'll be at her office to pick it up at the front desk.


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RE: Can't get rid of realtor!!

so I really dont see how getting my own agent is going to protect my interests better than an attorney.

Where is your atty now? Your agent would have been the one fielding the calls with this realtor and I guarantee you it wouldnt be going on this long. End the drama, put a stop payment on the check and be done with it.


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RE: Can't get rid of realtor!!

I do not know why this agent would be desperate to sell the house. She said she is semi retiring as her flat fee business is just too busy. The listing was supposed to have changed to another realtor three days ago. The listing agent had this property on the market for a year!! I know she is working hard trying to sell the home and I'm sure at this point the sellers appreciate that. But she is just adding to my negative view of realtors. I am glad I don't have a buyer's agent because even though as someone said they would be fielding the agent's calls I'm sure the buyer's realtor would be the one telling me all of the listing agent's ideas and pushing them on me because the buyer's realtor doesn't get paid either unless a sale is made either.

The reason I liked this house (but wasn't in love with it) is because there is not much to choose from in my area. We have to live in a certain area so my fiance's son doesn't have to change elementary schools and right now there are only 16 homes ( of all prices ranges) for sale in that area!! There are a few FSBO every now and then. But homes that are priced right move quickly. They might be on the market for a few weeks and that is all. The homes that have big problems or aren't priced right (or ones people looking in that price range can't secure financing for) don't move at all. There isn't a lot to choose from and by buying a home I would be saving at least $500 a month more than I am now compared to renting.

The realtor emailed me this morning and said to hold off on house hunting for a few days as the sellers are going to call their bank and see if their bank will accept a lower payoff. I am calling my bank and putting a stop payment on my check.


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RE: Can't get rid of realtor!!

Wow - you are wayyyyyy too nice. After I state that I am NOT INTERESTED at least twice, I don't expect to be hounded. A call every few weeks might be okay - but daily?

I am trying to learn to be firm and not make excuses myself. I, personally, don't think you need to explain to the realtor as to why, exactly, you can't do this-or-that. You don't need to spend countless hours re-evaluating your position. I love advice and suggestions - but there is a limit - and a point where it becomes more that you're being "challenged" than by being assisted.

You've expressed your gratitude for the assistance and suggestions but also that you are not interested in pursuing the matter. If, in the future, you have the ability to try one of the suggested measures, you can pursue it then. Tell the realtor you are becoming uncomfortable with the pressure that is being applied and that she is threatening your relationship... that still may not be agressive enough.

Demand your check back and ask if you need to take legal action to accomplish it... don't worry too much about starting a tift - stopping payment on the check will have the same result. "Stop house hunting for a few days" - you've got to be kidding me? What a dope.


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RE: Can't get rid of realtor!!

I suggest typing out a letter in Word, then CC'ing your attorney. I would then fax & mail a copy to the agent. State facts and be nice, there is no reason to get nasty. Give them a time limit of when you expect it done. I usually give 24 hours and state by business start or end the next day.


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RE: Can't get rid of realtor!!

YOU are LYING........unless you intend to RENT money from the bank aka interest only loans.

Come on....how much is the taxes, heat AC water insurance....
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There isn't a lot to choose from and by buying a home I would be saving at least $500 a month more than I am now compared to renting.


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RE: Can't get rid of realtor!!

I do not know why this agent would be desperate to sell the house. She said she is semi retiring as her flat fee business is just too busy. The listing was supposed to have changed to another realtor three days ago. The listing agent had this property on the market for a year!!

Really, you don't understand why this agent is desperate to sell this house? You can't be that clueless as to not understand that she has some amount of money invested in this listing that she will lose when it is transferred to another agent. And in giving her a deposit, you led her to believe you wanted to buy the house.

I don't know what you are saying in your replies to her, but every time your reply is anything more than a firm, "I'm not buying the house - send my check back" you have prolonged the process because she thinks you are still interested and is looking to make the deal work.


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RE: Can't get rid of realtor!!

richardallen - I've pretty much had it with your accusatory know it all tone to posters here. May I suggest you use another tone and maybe you'd get your points across and people would be willing to listen or are you just here to argue? Renting is not always cheaper. It may be in your situation.

Regular bills such as water, electric, gas etc. are there whether you rent or not unless you live in a city that has apartments and you might be lucky to get it included in the rent. Which isn't always the case either.

You can't compare rent on an apartment and a house. You don't get the same things. If you compare apples to apples then at times it could be cheaper to rent and other times not. Just because in your situation that works and it doesn't for everybody.


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RE: Can't get rid of realtor!!

NO Lyfia:

Use a calculator......I want to see actual numbers and a 30 year fixed rate loan, not your claim you will save $500 a month.

I think you are a Realtor looking for your next sale, or else you would know this is not true

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You can't compare rent on an apartment and a house. You don't get the same things.


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RE: Can't get rid of realtor!!

richardallen - I could maybe put up with your yelling and accusing if your posts were ever well written but half the time they don't even make sense.
And no one has to prove themselves to you. Your just another anonymous internet nobody like the rest of us.


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RE: Can't get rid of realtor!!

In the area I live in you can rent an apartment cheaper than buying the house I am looking at- a one bedroom apartment. I currently rent a house (2 bedroom) and it has an oil furnace (and an old one at that) and no, none of my utilities are included in my rent. My heating bill alone is $600 a month in the winter. So yes, even with taxes and insurance and everytyhing included (I'm not talking about just the house payment) I can save $500 MORE a month than I am putting into savings right now by buying a house in the price range I am looking in. And I would have a much nicer place to live as I'd be living on some acreage instead of being cramped between houses in town. So, yes in my situation buying a home is a better decision and cheaper than renting. This isn't true in everyone's case, some areas it is much cheaper to rent than buy.

I called the realtor, thanked her for her time and sternly advised that if my check is not returned by Wednesday of next week, I will have my attorney call her. I think she got the message.


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RE: Can't get rid of realtor!!

Richardallen is a troll. I've already reported him. Might help if others do too. We should all report him and IGNORE HIM.


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RE: Can't get rid of realtor!!

HAHA....troll

I ask specific questions......Ok your heating is $600 a month what will it be in your new house?

I want people to never complain that they were ripped off, or they were duped....and demand we as taxpayers not bail out your bad home purchase. Hey Obama NO BAILOUTS!

So answering these questions before you buy are very important.

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My heating bill alone is $600 a month in the winter. So yes, even with taxes and insurance and everytyhing included (I'm not talking about just the house payment) I can save $500 MORE


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RE: Can't get rid of realtor!!

"I called the realtor, thanked her for her time and sternly advised that if my check is not returned by Wednesday of next week, I will have my attorney call her. I think she got the message."

Good for you! Congrats - hope the continued home shopping goes well for you.


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RE: Can't get rid of realtor!!

I called the realtor, thanked her for her time and sternly advised that if my check is not returned by Wednesday of next week, I will have my attorney call her. I think she got the message.

I'm serious, put it in writing by the end of today. This could drag on, then you'll end up either writing one anyway or having an attorney do it.


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RE: Can't get rid of realtor!!

You might follow it up with a certified letter that she has to sign form And tell her you will be in on----at----to pick up the check and no further communication will be accepted to the buying/selling that particular house.\


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RE: Can't get rid of realtor!!

In the mean time, take the advice of others in this thread and put a stop payment on that check. The $20 a stop payment costs will give you peace of mind.


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RE: Can't get rid of realtor!!

I'm not sure what area you are in but in my area (DC Metro area) earnest money deposits by law have to deposited immediately by the broker. And if an offer isn't accepted both the sellers and buyers have to agree to release the earnest money deposit by signing a consent to do so.


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RE: Can't get rid of realtor!!

The Warden, that requirement applies if there is a signed contract. If the offer is not accepted (as in this case) the check is not deposited.


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RE: Can't get rid of realtor!!

I know this is an old post and I hope all went well for the OP. What I wanted to say should be of help to anyone who reads this thread. The OP gave leading info to the realtor.

The OP said they could not purchase now BUT three months from now they might. So the realtor heard... blah blah blah I can purchase three months from now blah blah blah.

The OP should have said I will pay x amount. When countered, OP should have said thanks but no thanks. I am no longer in the market. Please give me my check back.

Anyway, my 2 cents.


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