Anyone know what course of action to take when we feel our own realtor screwed us?

[StilltheSame]

Originally Posted by golfgal

OP-have you ever done a search on the MLS? Basically you put in that you want 3+ bedrooms, 3+ baths between X and X dollars and it pulls up houses. The more detailed your search, the fewer houses show up and probably EVERY ONE of them has something that isn't listed online. People looking for houses know this and know that if they go look at a house there will be more information available at the house. Also, the realtors themselves have MUCH more detailed listings than what you see online for the general public. There are just only so many options that the realtor can put into the system and one of those is roof age of 8 years or less. There isn't an option to put in 4 years old, but they can have that information available on your kitchen table for showings. Did she do that?

What buyers look at is the address, schools, general square footage and the photos. If those don't catch their eye to start, no "further" information is going to help at all.

Exactly!
We needed a 4 bedroom - I pulled up the MLS listing for a 2 bedroom - my search was zipcode only. We loved it - are buying it and will renovate to add the other bedrooms and bath.

[MN-Born-n-Raised]

Originally Posted by natedc

So basically, she told the other realtor not to bring his/her buyers through because she assumed/wanted/needed? us for some reason to take the first offer even though we hadn't responded to it yet? We called her right away on it and she lied lied lied, saying well it was late so I didn't think you wanted to be bothered--

This is the part that would really upset me AFTER she knew you wanted to show it some more. You needed to focus on one and only one problem and that is this last one. By introducing all of the other details, you simply sound like a complainer. It dilutes your main point.

Saying that, if your RE agent accurately said "so you know there is an acceptable offer already" that builds a sense of urgency. If the other agent didn't show, then so be it. If I was buying a home and yours looked perfect, I'd ask my buyers agent to get me in that darn home. Good buyers agents will push to see the home.

The details you gave about dinner time, gathering the kids etc are MEANINGLESS if you want to get your point across. You just look bitter when you present your argument. Stick to the main point which could have cost you money: you wanted to show it more but your agent didn't follow-through. I would have hammered on that point alone and not mention that the ad was inaccurate, etc. Your argument needed to be focused. That is how you win; more incompetent points are not better. Your ranting just gave the agent ammunition to paint you as "one of those" to his broker. I would have went into the brokers office asking for a 1% discount and paint yourself as someone they don't want to cross (and why). You would have gotten 1% back if she really pushed the other agent away (which I kind of doubt).

RE agents need to differentiate themselves. So they sell YOU they are better (not others on your home) to make fliers, have open houses, etc. 99% of the time those don't help. you got an offer inside of a day. That should tell you how important those marketing brochures were.

Here is the reality (I'm not making excuses for her). There is a shortage of homes that are priced right. Therefore people who lost out on a few homes are going to look at ANYTHING in their criteria. Granted, you want an accurate listing but those exact details are more important on the homes that take longer to sell.

1. New roof or older? Meaningless to most people.
2. Finished basement. Did they have pictures of a finished basement? If so, it might be obvious. Same thing goes if they showed 4 bathroom pictures.
3. Appliances. Again, people who are serous are going to RUSH out to see everything in their criteria. If it works, they are going to make an offer before someone else does. That's the recent market conditions (low supply).


I still don't understand how you had the offer and explained it to the RE agent. That seems strange.

[golfgal]

I think Realtors are required by law to notify people that there is an offer on the house if they are going to be looking at the house. Even if they are not, it's usually in your best interest for them to do that because if someone really likes your house, they are going to put in an offer close to list if they know there is already an offer on the house. Maybe the people that were coming to look at the house were not all that serious about the house to start.

Also, the old adage applies here, your first offer is usually your best offer.

[johnrex62]

Omission of factual details in the MLS listing may not be the fault of the agent, often offices will have a receptionist or data entry person who does the actual inputting to the MLS system. I think you might have had a foundation for complaint if the MLS listing had included some erroneous data that eliminated potential buyers, such as a significantly smaller square footage or number of rooms, or an incorrect schoold district.

The lack of marketing is understandable if you accepted an offer within days of the listing. Why should the agent spend their time and money on efforts that are not necessary even if they promised them to you. Once you indicated you would probably accept the offer, even if you asked for a couple days to consider it, the agent would be wasting time and effort better spent elsewhere if they proceeded to create the brochures and place ads or hold open houses.

I think the cancelled showing is your only true issue in this circumstance. Until you actually signed a contract the house is still on the market. I dont know any agent that will cancel a showing just because an offer has been made. Being told the house has been sold is a deal breaker though. It would be hard to demonstrate damages unless you could obtain testimony from the prospective buyer that they had intended to make a higher offer and from the agent that the listing agent indicated a contract had already been signed. Being told a contract had been offered and was being seriously considered is not good enough for you to prove your listing agent caused the showing cancellation. It could be argued that the showing agent cancelled due to a misinterpretation or misunderstanding. Without demonstrable damages, ie a higher offer or proof the lost buyers purchased a equal or lesser valued property at a higher price, what can the courts provide you in the way of compensation?

You decided the offer was good enough to sell and that rectifying the marketing deficiencies were unlikely to produce a better offer. Even in a good market, an offer in the first few days of listing is not a given. You are correct in that the location, condition and price are the most essential components of a sale. You had those and got an offer you could live with. Marketing is only intended to expose your offering to enough potential buyers to elicit an offer. You got that. It seems the marketing was sufficient for your intended purpose.