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Old 06-25-2013, 05:18 PM
 
15 posts, read 27,631 times
Reputation: 17

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We are in the process of selling our home in Iowa. We chose FSBO because I was happy to take on the staging and marketing usually provided by a seller's agent. Within 10 days, we had 2 offers and eventually accepted a price $5000 under our ask. The buyer found the house on her own, but we told her we would be fine working with her agent--which we did not have to do legally since the realtor had not participated in the transaction in any way up to that point. When we received the purchase agreement, the agent had the audacity to ask for 4%. We generously (IMO) offered 3% instead--the industry standard in our area is typically a 7% split. The purchase agreement was approved and signed on June 6th with a closing date of July 31st.

Since then, we have completed the buyer's inspection and the termite inspection. The buyer was present for her inspection, and she and I have emailed back and forth multiple times regarding issues related to living in this house (utility costs, measurements, etc.). The buyer even came by today with her designer so they can begin planning for the furniture she will purchase for the home. Throughout all of this the realtor has never once seen the home her client is purchasing. She has never once contacted us by phone, but instead texts or emails back when we leave her messages with questions.

Yesterday I called her to inquire about the inspection report since the inspection was completed on June 14th, but we still hadn't received the report or the buyer's repair requests--this was after the client had asked the realtor to send us the information on Thursday, 6/20. She finally sent us the inspection addendum late yesterday (6/24) afternoon but did not include a copy of the inspection report. I finally received that at 11 am this morning (6/25).

Last week I scheduled an appointment for the appraiser to come today at 1 pm. The realtor texted me yesterday asking me to call the appraiser and set the appointment (this was in response to the message I left for her regarding the inspection/report). When I informed her that I already had scheduled the appointment she responded (by text of course because she's very, very busy) that she was told the appointment I set was put on hold so she would call and confirm that and let me know. Not shockingly, I didn't hear from her, so I was prepared for the 1 pm appointment. When the appraiser didn't show, I emailed the realtor to let her know. The realtor responded that she didn't know why the appraiser wasn't here for the appointment, and that it's so frustrating when this happens. Interestingly, I just received a voicemail from the appraiser saying the bank indicated that she had to contact the realtor to get into my property (which has never been communicated to me in any way). The appraiser left a message for the realtor which the realtor did not return until this morning. The appraiser assumed the realtor had let me know about the cancellation since she was apparently the point of entry for my house (which the realtor has still never even seen).

With all that said, I'm beginning to get concerned that this realtor is incompetent and will be a hindrance to closing the contract on our house rather than a help. When do we address the fact that this realtor is causing more problems than she seems to be solving? Can we put an addendum in the contract at this point that cuts or eliminates her commission if closing is delayed due to her incompetence? Any input on this would be appreciated.
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Old 06-25-2013, 05:28 PM
 
Location: DFW
40,952 posts, read 49,171,554 times
Reputation: 55003
Yes you can. Keep in mind the agreement with the agent is separate than the Contract on the house.

Why don't you go ahead and amend the Agent agreement if possible. You'll have to get the Agent to agree.
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Old 06-25-2013, 05:30 PM
 
Location: northern va
1,736 posts, read 2,892,222 times
Reputation: 1688
at this point, there is not much she could do to screw things up. there are only a few steps left in the process, mostly handled by the buyers lender.

typically, the appraiser contacts the listing agent for access. since you are in effect your own listing agent, that should all be handled between you and the appraiser (legally, I'm not even sure the buyers agent can be talking with the appraiser anyhow). it is quite common for there to be hiccups with appraisers and lenders. (I had a listing that recently had two appraisers sent out by the lender for no apparent reason, almost like the left hand doesnt know what the right hand is doing)

it seems like all of this would have easily been handled on an agent to agent basis, its a shame you're having to deal with it. i would not be concerned with the method of contact that the agent uses (other than the fact that a text message may be difficult to produce in a court of law, should it ever get to that)

most important thing that sticks out for me is, what are the contingency deadlines for the inspection and financing/appraisal? be mindful of those..
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Old 06-25-2013, 06:51 PM
 
Location: NJ
17,573 posts, read 46,134,620 times
Reputation: 16273
You don't actually think the realtor will agree to that, do you?
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Old 06-25-2013, 06:53 PM
 
Location: DFW
40,952 posts, read 49,171,554 times
Reputation: 55003
Quote:
Originally Posted by manderly6 View Post
You don't actually think the realtor will agree to that, do you?
About the only chance they have is if they have to amend the contract or (mostly) extend the closing date.
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Old 06-25-2013, 07:37 PM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,739,307 times
Reputation: 6945
You could call the buyers and tell them that THEIR agent is coming dangerously close to screwing up their deal with you.
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Old 06-25-2013, 09:40 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,394,522 times
Reputation: 3421
Or, you could call her broker and complain that you are afraid deadlines aren't going to be met, and want assurance that the broker is overseeing that aspect of the agent's involvement.

Stay on top of those deadlines because if your buyer is getting a mortgage, they are really important.
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Old 06-25-2013, 10:10 PM
 
Location: Martinsville, NJ
6,175 posts, read 12,936,069 times
Reputation: 4020
Quote:
Originally Posted by kbmom View Post
We are in the process of selling our home in Iowa. We chose FSBO because I was happy to take on the staging and marketing usually provided by a seller's agent. Within 10 days, we had 2 offers and eventually accepted a price $5000 under our ask. The buyer found the house on her own, but we told her we would be fine working with her agent--which we did not have to do legally since the realtor had not participated in the transaction in any way up to that point. When we received the purchase agreement, the agent had the audacity to ask for 4%. We generously (IMO) offered 3% instead--the industry standard in our area is typically a 7% split. The purchase agreement was approved and signed on June 6th with a closing date of July 31st.

Since then, we have completed the buyer's inspection and the termite inspection. The buyer was present for her inspection, and she and I have emailed back and forth multiple times regarding issues related to living in this house (utility costs, measurements, etc.). The buyer even came by today with her designer so they can begin planning for the furniture she will purchase for the home. Throughout all of this the realtor has never once seen the home her client is purchasing. She has never once contacted us by phone, but instead texts or emails back when we leave her messages with questions.

Yesterday I called her to inquire about the inspection report since the inspection was completed on June 14th, but we still hadn't received the report or the buyer's repair requests--this was after the client had asked the realtor to send us the information on Thursday, 6/20. She finally sent us the inspection addendum late yesterday (6/24) afternoon but did not include a copy of the inspection report. I finally received that at 11 am this morning (6/25).

Last week I scheduled an appointment for the appraiser to come today at 1 pm. The realtor texted me yesterday asking me to call the appraiser and set the appointment (this was in response to the message I left for her regarding the inspection/report). When I informed her that I already had scheduled the appointment she responded (by text of course because she's very, very busy) that she was told the appointment I set was put on hold so she would call and confirm that and let me know. Not shockingly, I didn't hear from her, so I was prepared for the 1 pm appointment. When the appraiser didn't show, I emailed the realtor to let her know. The realtor responded that she didn't know why the appraiser wasn't here for the appointment, and that it's so frustrating when this happens. Interestingly, I just received a voicemail from the appraiser saying the bank indicated that she had to contact the realtor to get into my property (which has never been communicated to me in any way). The appraiser left a message for the realtor which the realtor did not return until this morning. The appraiser assumed the realtor had let me know about the cancellation since she was apparently the point of entry for my house (which the realtor has still never even seen).

With all that said, I'm beginning to get concerned that this realtor is incompetent and will be a hindrance to closing the contract on our house rather than a help. When do we address the fact that this realtor is causing more problems than she seems to be solving? Can we put an addendum in the contract at this point that cuts or eliminates her commission if closing is delayed due to her incompetence? Any input on this would be appreciated.
This agent doesn't work for YOU, she works for the BUYER. If the buyer is happy with the service being provided, that's all that matters. You agreed to allow the buyers agent to be paid from the proceeds of the sale. I doubt very much that there's anything in your contract that requires the buyers agent to be answerable to you, the seller, in any way. But go ahead and check.
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Old 06-26-2013, 05:25 AM
 
Location: Louisville KY Metro area
4,826 posts, read 14,310,233 times
Reputation: 2159
I am going to sound cruel and pompous, but I assure you that my intentions are anything but.

So you went FSBO, then you reduced your price by $ 5,000 and then on top of that 3 or 4% to pay the other guys representative. Now, how much did you pay to save?

The number one reason people hire a Realtor is for the professional's negotiating skills.
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Old 06-26-2013, 07:45 AM
 
1,835 posts, read 3,265,511 times
Reputation: 3789
Quote:
Originally Posted by tomocox View Post
I am going to sound cruel and pompous, but I assure you that my intentions are anything but.

So you went FSBO, then you reduced your price by $ 5,000 and then on top of that 3 or 4% to pay the other guys representative. Now, how much did you pay to save?

The number one reason people hire a Realtor is for the professional's negotiating skills.
At the same risk of sounding cruel & pompous - I have found that Agents really only want to sell the house, no matter which side they represent...There really is not that much negotiation taking place. An offer and either an acceptance or rejection. 9 times of out 10 there is not even a phone call to feel out the other party, just an email. I don't really see how the agent is doing anything there that the homeowner is not.
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