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Old 06-09-2011, 11:17 AM
 
Location: Austin
7,244 posts, read 21,820,805 times
Reputation: 10015

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You cannot have "verbal" agreements in real estate. All real estate dealings must be in writing. Good luck collecting.
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Old 06-10-2011, 04:02 AM
 
Location: MID ATLANTIC
8,676 posts, read 22,929,260 times
Reputation: 10517
"Get it in writing" is the first rule of real estate.

*she misunderstood what I said*

Move on, you're not going to get the money.
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Old 06-10-2011, 04:50 AM
 
82 posts, read 286,881 times
Reputation: 71
What does the fact that you chose to enter into this kind of agreement? And now you worried about getting your money back? Look in the mirror, my friend.
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Old 06-10-2011, 05:45 AM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,750,371 times
Reputation: 6950
I have a slightly different take. I'll assume, since you are a first time buyer, that you didn't know that everything should be in writing BUT your agent certainly did (and does) know that. In the future, you'll know better but, for now, you still have an agent who promised to write you a check. I suggest you take this to the broker of the agent and ask the broker to bring the agent into a meeting with all three of you present. It's much harder (although not impossible) to be a weasel when face to face so I expect either the agent will fess up and give you a check right away or the broker, if honorable, will cover the amount and take it out of the agent's next commission check.
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Old 06-10-2011, 11:54 AM
 
9,727 posts, read 9,734,634 times
Reputation: 6407
Quote:
Originally Posted by tigger37708 View Post
You don't have a chance in Heck of collecting.
Nothing in writing.
The Realtor is already giving you the Fade.
Face Facts
Its a lost cause.
The denial phase must end.
Mourn the loss of your $700.
Get angry about being cheated.
Accept the fact that you were duped.
Get on with your wonderful mortgage free life.
Show up at his office and threaten to go to his broker.
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Old 06-11-2011, 12:34 PM
 
32 posts, read 62,500 times
Reputation: 12
The realty is a small company only has 2 or 3 ppl, and this company should be his business and I guess he is both and agent and broker.

I successfully contacted this agent by phone few days ago and he agreed to meet and give me the check this Saturday morning. This morning before I left home, he didn't answer my call, I sent an email to remind him again but no reply. I still went to the place and had waited for him almost an hour. Called him a lot of time, left voice message to him, but still no one picked up my call or called me back. I am very angry and thinking that he is actually playing game with me. His office is a bit far away from my home, it is kind of difficult to reach his office during office hour. I am very disappointed that I trust this bad guy. Certainly $700 is not a big amount, but his integrity makes me feel very upset.

Someone suggest me to file a complaint to Dept of Real Estate (DRE). Is there any risk to do that? Or what other things that I can do?


Quote:
Originally Posted by bbronston View Post
I have a slightly different take. I'll assume, since you are a first time buyer, that you didn't know that everything should be in writing BUT your agent certainly did (and does) know that. In the future, you'll know better but, for now, you still have an agent who promised to write you a check. I suggest you take this to the broker of the agent and ask the broker to bring the agent into a meeting with all three of you present. It's much harder (although not impossible) to be a weasel when face to face so I expect either the agent will fess up and give you a check right away or the broker, if honorable, will cover the amount and take it out of the agent's next commission check.
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Old 06-11-2011, 01:07 PM
 
Location: Southern California
3,113 posts, read 8,382,420 times
Reputation: 3721
Quote:
Originally Posted by Starrynight12 View Post
Someone suggest me to file a complaint to Dept of Real Estate (DRE). Is there any risk to do that? Or what other things that I can do?
The only risk is that you won't be taken seriously.

You have no proof, and you're accusing your agent of doing something illegal? It's not going to end the way you would like it to.
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Old 06-11-2011, 01:18 PM
 
2,714 posts, read 4,283,434 times
Reputation: 1314
Quote:
Originally Posted by Starrynight12 View Post
I am a first time home buyer and bought a property 5 months ago. I doubt I may be somehow cheated by my realtor.

During the bidding process (before I bought this property), our real estate agent & I have a secret deal that he would pay $700 from his pocket in order to increase the asking price (important note: he said it on phone only, we mutually agreed without making any signed agreement). He agreed that he will pay back this amount by cash/check after I bought this property.

After a week of the closing date, I asked him in person about the $700, he said he would give me back by check and mail back to me few months later.

5 months have been past, I still haven't received any check from him. Another thing is, I found it difficult to reach him again by email after our last met - Unlike before the closing date, he didn't reply my email anymore if I asked for some minor help/ question. I called him these 2 days for other issues about my property, he just said he was busy and would get back to me, but he didn't call me back. Until now we both didn't mention anything about the $700.

My worry is, will he cheat me and never give me back the money? I am planning to send an email to him agian, or call him ( will do the audio recording during our conversation). IF he gives me promise again over the phone or email (I will have evidence then), but I still can't get the money, do you think I can take legal action? OR if you were me, what would you do before you contact the realtor again? Pls advise, many many thanks!
Realtors reputations matter quite a bit, I'd give him 2 more months and remind him that he owes you

Otherwise start posting on all realtor oriented websites his name, location where it occured and what happened. Home buying websites are a good place to start... I hate it when realtors cheat people.
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Old 06-11-2011, 02:52 PM
 
Location: Southern California
3,113 posts, read 8,382,420 times
Reputation: 3721
Quote:
Originally Posted by cyclone8570 View Post
Realtors reputations matter quite a bit, I'd give him 2 more months and remind him that he owes you

Otherwise start posting on all realtor oriented websites his name, location where it occured and what happened. Home buying websites are a good place to start... I hate it when realtors cheat people.
Are you actually suggesting that the original poster should go all over the web, admitting that they tried to do something illegal with their realtor - and they knew it was wrong - but they did it anyway? How would that help?

They were trying to cheat the system in some way, with the realtor, and now they're mad the realtor is cheating them.
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Old 06-11-2011, 03:18 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,585,637 times
Reputation: 2201
Quote:
Originally Posted by Starrynight12 View Post
..., our real estate agent & I have a secret deal that he would pay $700 from his pocket in order to increase the asking price...
Can the OP explain why they needed to keep this agreement "secret"? Since it was a cash purchase with no loan financing, mortgage fraud is not an issue. Is the OP in a state that does not allow cash rebates from agents?
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