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I saw Mommy kismet Santa Claus
Happy Xmas (Warranty Is Over)


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The time came to move for my job. The new house was complete, the company-paid movers were hired. But the house in Houston had not sold.

Our realtor was not interested in doing much to move our house, she was just sitting back and waiting to one day make a few thousand bucks off of us. We constantly pushed to get her to advertise our house, or in some way help to sell it. Grudgingly, she would do something.

So, we moved and left our house still for sale. After dropping the price for the third time, we finally got an offer for the amount outstanding on our mortgage. Fine, we said, just happy to get out of the double mortgage situation before the first mortgage payment was due on the new house.

Ah, but it wasn't over for us! The buyers had an inspection and had 3 items they wanted fixed. The realtor sat on this information until 5 days before the close date!

The items were written in inspector-ese, 2 electrical and one AC issue. None seemed serious from the description. The buyers were not willing to take cash, they wanted the items fixed before closing. We asked the realtor to help us coordinate people to fix these items, since she's there and we're here.

We began losing faith in the truthfullness of our realtor, who at this point reported that the house was quite warm and there was obviously something wrong with the AC. Strange, the same AC was freezing me out of the house less than 3 weeks ago when I lived in that house.

So here's the kicker: The realtor's AC guy said there was a hole in the coil, $1800 to fix, the AC wasn't cooling at all. The realtor's electric guy said over $200 to fix those other two issues, they would involve some work.

We sent 2 folks out for second opinions. Our electric guy said that he'd fix the 2 issues for the price of the service call, they just involved physically moving 2 wires a few inches.

Our AC guy said the AC is in perfect condition. He said inspectors often get the measurement tool in the wrong place and get a bad reading, but our house was cool inside and the units are working 100% as intended. These guys reports make a bit more sense, since the house is only 3 years old!

So now I'm left to wonder, is my realtor a crook as well as a lazy person? Did she work out a deal with the repairmen to make a few extra bucks? Or is it the repairmen themselves who are liars and she's just a dupe? These are the people she "always" uses when she has a need for repairmen.

Posts: 2115 | From: Texas | Registered: Sep 2003  |  IP: Logged | Report this post to a moderator
ThistleSoftware
Little Sales Drummer Boy


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Can't you get a new realtor? I can't believe you'd have to drop the price on your house- from what I understand the Houston market is rapidly growing.

--------------------
Officially Heartless

Posts: 3065 | From: The Montgomery County of the West Coast- Berkeley, CA | Registered: Nov 2005  |  IP: Logged | Report this post to a moderator
Rhiandmoi
Ding Dong! Merrily on High Definition TV


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You definately had a bad realtor. I don't know if she was criminally bad, but I would definately report her to her licensing board, and if she works for a firm write a letter complaining to them too.


I could rant for about 100 years about my housebuying experience. I haven't yet had to sell a house, but I am so not looking forward to it. Hopefully you get to stay where you are for a long time.

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I think that hyperbole is the single greatest factor contributing to the decline of society. - My friend Pat.

What is .02 worth?

Posts: 8745 | From: California | Registered: Jul 2003  |  IP: Logged | Report this post to a moderator
Ophiuchus
Deck the Malls


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I'd suggest that if all possible, don't close this deal, fire your current realitor and go to someone else who is willing to actually make an attempt to sell your house and get a decent price for it.
Posts: 411 | From: California | Registered: Nov 2005  |  IP: Logged | Report this post to a moderator
Mad Jay
Let There Be PCs on Earth


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Yup, you have a bad realtor.

I think if you are not fixing something that is specified on the contract, you might have to go back and re-negotiate with the buyer. It might be as simple as showing them that the inspector was wrong, and writing up an ammendment and getting them to sign it. If you don't complete what it says on the contract, they can walk away on the closing date.

I might be wrong. Ask your realtor. Oops!! [fish] Seriously, you can't just leave things like that. It's your realtor's responsibility to act as a liason between you and the buyer, and she should know the process according to your local laws

quote:
Originally posted by Ophiuchus:
I'd suggest that if all possible, don't close this deal, fire your current realitor and go to someone else who is willing to actually make an attempt to sell your house and get a decent price for it.

That may not be that simple. If they have signed a contract, they have to stick by it. Unless, there is a clause in the contract that lets them out, and they meet the conditions in the clause, they will be at fault for breach of contract

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Nico Sasha
In between my father's fields;And the citadels of the rule; Lies a no-man's land which I must cross; To find my stolen jewel.

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Lydia Oh Lydia
Happy Xmas (Warranty Is Over)


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If your realtor is part of a larger group/office, I would suggest going to the office's manager and explain the situation. Tell the manager that, based upon your realtor's delay, you've had to tackle a problem in a limited time, based on her recommendation, you were nearly conned into spending much more money than you had to, etc. You might be able to get a different person to represent you going forward. It will probably be easier to switch within the same office, if you can than trying to cancel the contract with the realtor at this point. This is, of course, assuming that only this realtor is bad and not the whole office.

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"My name is the symbol for my identity and must not be lost." Motto of the Lucy Stone League.

Posts: 1815 | From: Pennsylvania | Registered: Jul 2004  |  IP: Logged | Report this post to a moderator
Aud
We Three Blings


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One of my coworkers was using a realtor to buy a house. This person wasn't doing anything but try to steer her to houses she didn't want or couldn't afford. She fired the realtor and found the perfect house the next day. Even though the realtor didn't do squat regarding the house my friend bought, the realtor still got the money because of something in the contract.

So anyway, we be careful with realtor contracts.

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Ariadne
Deck the Malls


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I have never used a realtor to sell a house, but I have had both the joy and displeasure of buying two houses through realtors. Our most recent was not good. Yes, we were looking in a low price range, but that is not an excuse for making us feel like we were her absolute last priority. Ugh.

Our realtor when we moved to Colorado, on the other hand, was wonderful. She let us rent the guest apartment at her house while we looked, showed us exactly what we wanted to see, and never made us feel like we should spend more. It was the perfect situation for my husband and I, who were pretty clueless about buying a house. Unfortunately, because of her I now have a pretty high standard for realtors.

Anyway, sounds like yours is really bad--is it too late to switch? I can see why you might want to just stick with it because you want to sell the house and not pay two mortgages, though. Ugh, what a pain.

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saxea ut effigies bacchantis prospicit eheu | prospicit et magnis curarum fluctuat undis
-Catullus

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BeachLife
The Bills of St. Mary's


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If your realtor is actually a realtor (which is different from anyone who just sells houses) she should be reported to the local board of realtors.

--------------------
Wisdom comes with age, but sometimes age comes alone.
Jack Dragon, On Being a Dragon
Confessions of a Dragon's scribe
Diary of my Heart Surgery

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tweetilynn
I Saw Three Shipments


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If she is a Realtor, you can also report her to the National Association of Realtors. Not all Real Estate agents are Realtors. Realtors are supposed to live up to a code of ethics, which can be found here http://www.realtor.org/law_and_policy/index.html
To the right is a link to their code of ethics that for some reason or another I can't get to work here. Doesn't sound like she's doing a very good job. I agree with Ophiuchus on this one. You deserve a decent price.

ETA: spanked by BeachLife who had a much better idea of reporting to the local board. I forgot about that. It's been years since I was in real estate.

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LOVE: the condition in which the welfare and happiness of another become essential to your own.
-Jubal Harshaw

Posts: 89 | From: Eagle Rock, Virginia | Registered: Sep 2005  |  IP: Logged | Report this post to a moderator
snapdragonfly
Happy Xmas (Warranty Is Over)


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quote:
Originally posted by Lydia Oh Lydia:
If your realtor is part of a larger group/office, I would suggest going to the office's manager and explain the situation. Tell the manager that, based upon your realtor's delay, you've had to tackle a problem in a limited time, based on her recommendation, you were nearly conned into spending much more money than you had to, etc. You might be able to get a different person to represent you going forward. It will probably be easier to switch within the same office, if you can than trying to cancel the contract with the realtor at this point. This is, of course, assuming that only this realtor is bad and not the whole office.

Yes, because you might not be able to get out of the contract, as other posters have noted.

My dad has been a Realtor for 30 years and I assure you that all Realtors don't pull that crap. There's some bad apples in there though, they sure do piss off everyone else.

Not only does yours sound dishonest, she sounds stupid, because her commission is based on what you get for the house and it's in her own best interest to sell it at a good price.

After it's done, report her to the state as well as local board and if she's with ERA or ReMax or one of the big companies, report her to them too.

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"Wolves, dragons and vampires, man. Draw the nut-bars like big ol' nut-bar magnets." ~evilrabbit

(snurched because one of my nutbar family members is all about wolves and another one is all about dragons...)(with apologies to surfcitydogdad)

Posts: 2397 | From: Texarkana, TX | Registered: Mar 2006  |  IP: Logged | Report this post to a moderator
jimmy101
The First USA Noel


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Sorry to hear you are getting shafted Kismet. Even if you can drop the realtor the sale of your house is severely compromised. Since it has been listed for a while and has had the price dropped twice that is now part of the homes "permanent record" so to speak. Nothing can be done about it. (Though no one need know about the current offer.)

The fact that the realtor gave you the names of the two contractors and both contractors F'd up is very suspicious.

It would be great if you reported the realtor, electrician and AC guy all to your local BBB. It is really hard to do anything significant to these three people but a report with the BBB is a start. And of course, report the realtor to the state realty board.

In the future check the BBB before hiring a contractor (or realtor).

Posts: 629 | From: Greenwood, IN | Registered: Dec 2005  |  IP: Logged | Report this post to a moderator
I saw Mommy kismet Santa Claus
Happy Xmas (Warranty Is Over)


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More information: Part of the problem is the company-paid relocation. They pay for the whole move, including the realtor. But they also have a "deal" because of volume that they pay less than 3%. That means that in any office that participates, basically the crappiest realtors agree to take the relo people. And while we got to choose a realtor, it was from that pool. We had a good realtor for our last sale, and it was a different experience entirely.

We are going through with the sale, even a sub-standard bird is worth two in the bush after all. Right now we can't legally fire the realtor without giving up this buyer!

Jay, I don't understand you comment about doing what the report said. Of course we have to fix what's broken, even if it's silly. The report said the AC needed to be serviced and the electric items fixed. We had both things done, with notes to that effect from our contractors. We can't do anything else, the AC has no defects or low freon or anything. The realtor's AC guy story about the broken coil was completely outside of the contract. The family could have agreed to money in lieu of fixing the items, that's what usually happens in our area according to other people in the business we've talked to.

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BeachLife
The Bills of St. Mary's


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Relocation packages often screw home-owners. But, this does not mean you don't have any recourse.

You didn't answer the question, is your Realtor actually a realtor, or a realty agent?

--------------------
Wisdom comes with age, but sometimes age comes alone.
Jack Dragon, On Being a Dragon
Confessions of a Dragon's scribe
Diary of my Heart Surgery

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Mad Jay
Let There Be PCs on Earth


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quote:
Originally posted by kismet:

Jay, I don't understand you comment about doing what the report said. Of course we have to fix what's broken, even if it's silly. The report said the AC needed to be serviced and the electric items fixed. We had both things done, with notes to that effect from our contractors. We can't do anything else, the AC has no defects or low freon or anything. The realtor's AC guy story about the broken coil was completely outside of the contract.

Ahh, your OP said that there was a AC issue. So, I thought that the inspector had found something wrong with it even though nothing was wrong
quote:


The family could have agreed to money in lieu of fixing the items, that's what usually happens in our area according to other people in the business we've talked to.

That's what usually happens but that doesn't matter. The contract is what really matters. But, that's ok, since you already fulfilled your part of the contract.

--------------------
Nico Sasha
In between my father's fields;And the citadels of the rule; Lies a no-man's land which I must cross; To find my stolen jewel.

Posts: 4912 | From: VA | Registered: Jul 2003  |  IP: Logged | Report this post to a moderator
I saw Mommy kismet Santa Claus
Happy Xmas (Warranty Is Over)


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Yes, our realtor is a realtor. We checked before we even interviewed the sorry choices given to us by the relo people, but our relo folks only use licensed realtors. Sub-standard realtors, but real realtors. Our current priority is to close the deal, then we will look at next steps regarding the issues we encountered.

Jay, I'm still a bit confused. If our buyers had a contract saying there was a hole in the AC and there wasn't one, they could refuse to close because we didn't fix a non-existant hole? That boggles my mind.

Fortunately, their inspector said the AC wasn't cooling properly and should be cleaned and serviced. Our AC person cleaned and serviced the AC and documented that it is currently cooling as it should. He also told us it was cooling as it should before he cleaned and serviced it, but that makes no difference.

Posts: 2115 | From: Texas | Registered: Sep 2003  |  IP: Logged | Report this post to a moderator
   

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