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Old 09-15-2010, 04:01 PM
 
Location: Boise, ID
8,046 posts, read 28,481,404 times
Reputation: 9470

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Quote:
Originally Posted by FalconheadWest View Post
But you haven't read the entire thread. The agent showed the tenants/buyers several properties and they want to buy the house they're currently leasing. They approached the owner to buy the house they're leasing, and were told only if they used him, basically buying a FSBO to save the commission and not paying their agent. So, the owner/agent knows they have an agent and is putting a contingency on the purchase of the home at their appraisal price to not use their agent. Violation a mile away.

Wow, I didn't read it that way at all. I read it that they wanted to break their lease because they were buying a DIFFERENT house, and the LL/agent would allow them out of the lease if they used him/her for the purchase. And that they originally wanted to buy the house they are living in, but the numbers didn't work.

If they were wanting to buy the house they live in, why would the OP have said
Quote:
Now, I understand his position, they signed a lease and he'd be out at least 1-2 months trying to find another tenant. I would help find another tenant at no charge but this seems wrong and opportunistic, not to mention the Code of Ethics issue.
?
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Old 09-15-2010, 04:06 PM
 
Location: Boise, ID
8,046 posts, read 28,481,404 times
Reputation: 9470
Quote:
Originally Posted by TheyCallMeDerek View Post
So the question is: Do I have a case against him since they declined and is it worth pursuing, or would I have a valid "complaint" only if they took the deal and purchased using him as buyers agent?
If they dropped you and went with the other agent, you would have a complaint against them, since you have a signed contract with them.

If it can be shown that the other agent knew they were already in an agreement, you would have a complaint against the other agent.

If they just decided not to buy right now since they can't get out of their lease, you have no complaint against anyone. You should have discussed their current housing obligations at some point in the last 2 years you've been working with them, and they should have asked their LL about the terms of breaking the lease.

That is just my opinion, as a non-REALTOR and non-attorney.
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Old 09-15-2010, 06:33 PM
 
Location: Austin
7,244 posts, read 21,814,092 times
Reputation: 10015
The very first post says, "They've fallen in love with the lease house and compare all other houses to this their lease house." They want to buy this house.

Post #10 says, "They have about 6 months left on the lease. I've been showing other listings, and there is interest in other homes, they just love the lease house they're in most."

So if he's talking about another house, he's confused the heck out of me because it sounds like they're only semi-interested in other houses, but want to buy their lease house at the appraisal amount, which is lower than the amount the owner/agent wants for the house...
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Old 09-17-2010, 02:05 PM
 
Location: Austin Texas
434 posts, read 1,309,852 times
Reputation: 159
Quote:
Originally Posted by FalconheadWest View Post
But you haven't read the entire thread. The agent showed the tenants/buyers several properties and they want to buy the house they're currently leasing. They approached the owner to buy the house they're leasing, and were told only if they used him, basically buying a FSBO to save the commission and not paying their agent. So, the owner/agent knows they have an agent and is putting a contingency on the purchase of the home at their appraisal price to not use their agent. Violation a mile away.
We had a offer from a seller to take the lease over if my buyer bought their house, since it was one of the top two houses it was looking like it might work out....Unfortunately I recieved a call from my client today and all has been put on hold. Turns out a biopsy on my client has tested positive for skin cancer. This house issue has turned out to be microscopic in the scope of things. Thanks for all of the interest and advice on this situation. Some obsticles are just to big!
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