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Interesting Scenario

Posted by topkicker (My Page) on
Mon, May 24, 10 at 22:34

First let me say this is the 6th house we will own so we have seen a lot of scenario's but leave it to us to find one that is just out there! We put a contract in on a home and did our inpsection. We had an idea there was septic problems so we had a professional plumber with a camera system verify our thinking. Owners were NO help and could not even tell us where the septic was. Yep, that was a sign! LOL!

The home inpsection or the plumbing inspection did not go well. We were correct in our thinking on the septic. Matter of fact there is not one....I know, good grief! So we send our response through our realtor that we would like a septic system put in and several other things. At this point we told our realtor we did not wish to purchase this house due to this.
Guess what? Our realtor dropped the ball and did not get our response over in time by the date of the contract. This would have been on a Wednesday. We spoke to the realtor on Thursday and she had no response back (At this point she does not realize she has NOT done her job) So she tells us that we pretty much know they are not going to fix all that needs to be done and we will move on.

In the mean time we stumble on a home that is NOT listed in the MLS. We send her assistant the information on the sign in the yard. It's a realty/auction company. They call and get the scoop on the place. Belongs to owners daughter and its a private listing. We schedule a showing for Sunday. We go, we love it and WHILE we are looking at the house our realtor tells us we need to talk.
So she confesses that she did not fax our response back in time and now the owners of the other house see that we are out of contract and are trying to push us to buy it. Of course we are mad!!!! We keep our cool. She explains she will take care of it and if it comes down to our earnest money she will make good on it. Talk about ruining our showing. Plus, we found out she knew on SATURDAY (which she showed us a property in the AM on Saturday and never said anything all day Saturday. At this point we are feeling like she is trying to trap us. (still showing us homes hoping we find "the one" before she drops the bomb on us...grrrrrrrrr

We have told her since the inspection there in NO way we want this place. Today "Monday" she calls and tells us the owners are willing to give us 5,000 of the price of the house. I wanted to say what part of NO don't you understand but did not.

At this point DH and I are ready to find another buyers agent as it is very clear she is not compentent enough to watch out for our best interest. Plus, we have been chasing her up and down the road just to sign our paperwork. She never brings it to us or even asks would we like to ride with her to a showing. Plus showings are scheduled to fit her busy calendar not what is good for us.

The main question is...We DO NOT have a contract with her as a buyers agent. We want to make an offer on the house that is not listed in the MLS and is a private listing. However, we do not want to use her for this contract. Am I obligated to her since she showed us the house? If so I will just forget it and keep looking. I need someone who can do their job and not get us back in another situation. At this point I am still tied up with the other contract and will be waiting for our earnest money. Until this happens we are not doing nothing but waiting...
This was an out of state move for us so we need someone in OUR corner!!!

What do you think?????
Thanks!
Topkicker


Follow-Up Postings:

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RE: Interesting Scenario

Is she the broker of the agency? Can you talk to the RE board? We have some great RE agents that will give you correct answers. Good luck. Get everything in writing and sign nothing without a RE lawyer checking things out.


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RE: Interesting Scenario

No she is not the broker, just an agent. We always read and confirm anything we sign. Thanks!


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RE: Interesting Scenario

Only if SHE has signed a contract with the sellers is it important. If the sellers do not consider her to be their agent, then I don't see how she can expect you to buy through her. It was not a great idea to call her for the showing, you should have just contacted the sellers yourselves, but unless papers are signed anywhere making her the agent for the place, I would think you are free and clear.


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RE: Interesting Scenario

Call her boss tell him/her know what is going on with the first house and that you expect it to be made right immediately. Once you get your money back file a complaint with the RE board. Totally unacceptable!
In the mean time go for the second house with a different agent/broker or better yet if it's a fairly simple deal a RE lawyer.


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RE: Interesting Scenario

"Guess what? Our realtor dropped the ball and did not get our response over in time by the date of the contract.

So she confesses that she did not fax our response back in time and now the owners of the other house see that we are out of contract and are trying to push us to buy it. Of course we are mad!!!! We keep our cool. She explains she will take care of it and if it comes down to our earnest money she will make good on it.

Plus, we found out she knew on SATURDAY (which she showed us a property in the AM on Saturday and never said anything all day Saturday. At this point we are feeling like she is trying to trap us."


I think your right. It sounds to me like this realtor is trying to do the same thing to you that our agent tried to do to us. Trap you into buying this house buy purposely missing the deadline so you will be forced to buy anyway regardless of the inspection results.

We hired a buyers agent that a friend recommended. We signed a contract on a house and it failed the inspection. Our agent also neglected to get back to us (or the seller) in time before the deadline. The seller sued us to force the sale. We had to hire a lawyer to get out of the deal. Our saving grace was an email the seller had inadvertently sent us giving us more time to get a radon inspection (it failed).

We fired the agent. Her last insult was to try and trick us into signing a YEAR contract so she would get a commission from us even if we used another agent. Our lawyer told us we should report her to the head of her agency as well as the realty board.

Her boss didn't have a clue as to what she was doing. He sent her away for a year and then hired her back again after the dust had settled. Guess she was too good at scamming people into buying houses (and making money for the agency) whether it was good for the clients or not.

Now when we look at houses we tell the sellers agent that we are not using an agent (and don't want one). We are using the lawyer who helped us get out of the deal. He is willing to charge us a flat fee to draw up a contract and help with the entire transaction.

Do yourself a favor and can this agent. Don't let her represent you for anything else.

If you bother with another buyers agent, then don't sign with them for any longer than three months and make sure there is a claus that says you can terminate the contract at any time if they aren't doing what they were hired to do. Like return calls in a timely manner, meet deadlines, etc.


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RE: Interesting Scenario

Larke, when we called her for the showing on the second house we had NO clue this was going on, that's when she dropped the bomb on us DURING the second showing.

Dreamgarden, hearing your story does make us feel like at least we are not the ONLY ones! LOL!...I firmly agree with what you done, and will be heading down that path. DH spoke with her this morning and she told him we are waiting for a release from the sellers (they are keeping the earnest money) and we will sign that and be done. DH asked when we would get our money back and she told him she will write the check for the earnest money on the next house we put a contract on. NOT!!!!!!!!!! We are going to the broker this afternoon. Then to a lawyer if we get no satisfaction there. I can not believe the gall of some people!


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RE: Interesting Scenario

I agree that you should dump this agent, but I am curious about the lack of septic system. Admittedly, I don't know much about septic systems because I have always lived in areas with public sewers, but if there is no public system and no septic where does the waste go?? How does a home like this get built and pass initial inspection??


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RE: Interesting Scenario

Terriks- I will not go into great details BUT this home is out in the country where "private" septic sewers are done. It's an older home but there is NO telling what has happened to cause this. Don't really care just ready to get rid of the dinghy realtor and have my earnest money in my hand. We are meeting her tomorrow to address this entire screw-up. It will be interesting to say the least.


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RE: Interesting Scenario

Yes, if you want the second house, you need to use her since she showed it to you. And yes, you need to be in immediate contact with the broker of her office. She has errors and ommissions insurance which will cover your loss of the earnest money on the no-septic house. The broker can assist, or even be the main point of contact, with the offer on the second house. Make it clear that you will NOT be using this agent for any future deals, including any that may happen in the near future if this second transaction doesn't go through.

Sorry you're having to deal with this!


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RE: Interesting Scenario

Well the ordeal is over!!! We are rid of her and she had to write a personal check for our earnest money and hand it over before we signed anything! She was banking on us wanting to purchase one of the houses she showed us that weekend! Too bad, not going to happen! We have found something we like better and she DID NOT show it! SO HA!
I cannot believe the nerve of some people, she tried her best to make us feel guilty for the mistake SHE made! I am just glad to be rid of her and now we are looking at properties and have a real estate attorney that will write our contract!
Chalking this one up to ANOTHER lesson learned!
Thanks for the helpful advice. Real Estate Attorney is the way to go if you are a "seasoned buyer".

Happy Memorial Day Everyone!


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RE: Interesting Scenario

"Well the ordeal is over!!! We are rid of her and she had to write a personal check for our earnest money and hand it over before we signed anything! She was banking on us wanting to purchase one of the houses she showed us that weekend! Too bad, not going to happen! We have found something we like better and she DID NOT show it! SO HA!
I cannot believe the nerve of some people, she tried her best to make us feel guilty for the mistake SHE made! I am just glad to be rid of her and now we are looking at properties and have a real estate attorney that will write our contract! "


What great news! Glad you got your earnest money back and don't have to deal with her anymore.

Our agent tried to make us feel guilty as well. The friends who referred her to us believed her story/lies over ours. This was in spite of our knowing these so-called friends longer than they knew her.

Now they are get to see what a weasel she is. They aren't married but this couple used her to buy a house together. They have since separated and need to sell and are using this same idiot agent/friend to sell the house!

The house has been on the market for three years. They have lowered the price four times. They just lowered it again (10k) and added a lease option.

I can see why it isn't selling. The pics are terrible and the house hasn't been updated since it was built. The agent doesn't seem to mind that the pics she took are blurry, show cheap sagging bookshelves, old appliances, waste baskets, and cleaning supplies.

I don't know very many people who would want to pay over 250k for a house with a 1960's BLUE bathtub with rusty (original) fixtures and a bottle of head and shoulders shampoo in the background!

Sometimes life IS fair....!


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RE: Interesting Scenario

Dreamgarden- LMAO!!! You got that right sometimes what comes around goes around! ;0)


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