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Old 06-08-2011, 11:59 PM
 
32 posts, read 61,965 times
Reputation: 12

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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!

Last edited by Starrynight12; 06-09-2011 at 12:21 AM..
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Old 06-09-2011, 12:13 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,543,589 times
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Quote:
Originally Posted by Starrynight12 View Post
...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). ...I asked him in person about the $500, ...
You seem to be confused about the amount - $700 or $500?

In any case, since there was no written agreement, good luck collecting.

Also, this may be considered mortgage fraud if a loan was involved. If he was giving you a rebate or otherwise contributing to your ability to purchase, it should have been disclosed.
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Old 06-09-2011, 12:21 AM
 
32 posts, read 61,965 times
Reputation: 12
Sorry it should be 700. This is a cash deal. No mortgage.

Same as my final question, can I still take legal action if I have email or audio recording as an evidence?
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Old 06-09-2011, 12:23 AM
 
1,208 posts, read 1,826,748 times
Reputation: 1026
There is such a thing as a verbal contract...but as the last poster said...good luck collecting.

In the future...get it written up in the sales agreement that the realtor is to wave X amount of dollars of his fee.
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Old 06-09-2011, 07:26 AM
 
Location: NJ
17,574 posts, read 46,027,389 times
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Be careful recording conversations. That could get you in trouble.

I highly doubt you are going to get confirmation in an email that he owes you the money. Personally I would look at this as a $700 lesson and move on.
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Old 06-09-2011, 08:14 AM
 
32 posts, read 61,965 times
Reputation: 12
How about if he confirm me in an email? Can I treat it as an evidence?

Obviously $700 is not a big amount, but this is a critical amount to persuade me into buying this property at that time. I would not buy this property if he didn't suggest this idea. After all, I am a first time buyer, I know I am kind of stupid to trust him.

Quote:
Originally Posted by manderly6 View Post
Be careful recording conversations. That could get you in trouble.

I highly doubt you are going to get confirmation in an email that he owes you the money. Personally I would look at this as a $700 lesson and move on.
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Old 06-09-2011, 08:16 AM
 
Location: Washington DC
487 posts, read 1,354,970 times
Reputation: 522
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.
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Old 06-09-2011, 08:28 AM
 
Location: NJ
17,574 posts, read 46,027,389 times
Reputation: 16271
$700 was what persauded you? How much did the house cost? $3,000?
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Old 06-09-2011, 10:04 AM
 
Location: Anderson, SC
181 posts, read 408,083 times
Reputation: 180
$700 versus all the bad word of mouth advertising a disgruntled former client can do.......
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Old 06-09-2011, 10:23 AM
 
Location: The Triad
34,090 posts, read 82,611,550 times
Reputation: 43652
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
that's where I stopped reading.
"you can't cheat an honest man" comes to mind
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