Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 10-06-2014, 10:45 AM
 
16,715 posts, read 19,309,028 times
Reputation: 41481

Advertisements

Quote:
Originally Posted by Dover there View Post
Hi

Signed contract with selling agent. Wanted to list ASAP. After some discussion I agreed with her to make some upgrades to my condo. She was fairly insistent that I use her contractor, her handyman, and her cleaning lady. They were more expensive than my regular folks but I wanted to be cooperative with her strategy.

I initially made appointments with her contractors for estimates but then wouldn't here back from any of them. After checking in with her she told me the comtractors had sent their estimates to her. She slowly forwarded them to me for approval.

Our target date to list was originally September 17 so I was running around trying to get everything done while working a full time job. I have no one to help me with this.

She immediately began relaying "messages" to me from the contractors pushing back the dates they were to work at my home. Dates I had confirmed with the contractors myself originally.

Her handyman took 4 weeks to finally confirm HER date of service. I got tired of waiting and used someone else.

Now our target date is October 4 because of all the delays of her folks.

I have missed work, lost sleep and gone broke trying to get listing up by October 4. She tells me yesterday that pics will be taken today (Friday) and it will be on mls as planned Saturday the 4th.

Then she texts me at 3:30 saying SHE took pics and not a photographer as she had told me.

I let her know I was excited to see listing on mls in am.

Just checked my email and she said her computer did an update and she was too tired to upload to mls.

At this point I am very upset. All the work I did all the way up to today and she doesn't get it listed!!

Can I end my contract with her before she puts on mls? For last few weeks I have felt like she was purposely trying to delay putting my home on mls.

Am I over reacting??
This sounds sketchy. She demanded to use HER people? I don't like that at all. It's YOUR house. She's just feeding business to these assclowns and she's probably getting a kickback from them. I'd fire her.
Reply With Quote Quick reply to this message

 
Old 10-06-2014, 12:54 PM
 
34 posts, read 48,637 times
Reputation: 35
Hi all

Update.

I met with her this am. My listing became active yesterday.

I asked her point blank did she have a buyer in mind to purchase my home. She said she was working the list of buyers who looked at the other similar unit. That's all she would say and I did press her for more information. She did acknowledge she would divulge info if she brought a buyer herself.

I asked her again about delays with listing. She again said it was due to computer problems. I advised her that I know it doesn't take 24-48 hours for listing to upload. She said she just gave me that time frame die to pics taking longer.

She repeatedly said "we're listed!!"

I asked who the first showing was because they left no card. She said she would check with her office.

I asked about any feedback and she said none was received.

I had two showings yesterday. Both left cards. I asked about feedback and she said none received.

So, I'm listed. She seems offended that I question her. She stated per my contract I would still have to pay her commission if she found buyer 14 days after cancellation of my contract with her.

I'm going to hang on and see what happens.

Thx everyone for the insight and advice. I'll keep u posted
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 01:03 PM
 
16,715 posts, read 19,309,028 times
Reputation: 41481
Your reluctance to face this unethical realtor is going to cost you. You should have fired her.
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 01:09 PM
 
Location: St. George, Utah
755 posts, read 1,113,368 times
Reputation: 1973
It's not good. As an agent I don't want to work with someone who doesn't trust me. That she didn't get very concerned that she had caused you distrust and repeatedly dropped the ball and misled you is NOT GOOD. That she brought up the commission confirms that.

If she brings a buyer & you have dumped her and listed with someone else, she still gets her commission as the buyer's agent, which ought to be enough for her knowing that she has behaved so unprofessionally. That's not what she's worried about. What she's worried about is getting both ends of the deal when she has gone to great lengths to set this up for herself. That she is willing to point out to you that she's still entitled to both ends within the 14 day period is NOT GOOD. She clearly doesn't care about you, her client, or the job she's doing for you.

I hope I am wrong and I hope this works out for you, but from what you have told us here it doesn't sound good.

Maybe someone in CO can shed light on whether this would be an option: In hot seller's markets, it's not unusual for the seller to set a date for the initial round of offers to be considered so that the seller doesn't take the first offer before a bidding war has time to develop. Can you set a date a week out from the first open house/first round of showings for your first look at offers? This puts pressure on your buyers to guess as to whether others are viewing and will be offering.

One thing is for sure. You need to confirm that your listing is up, on MLS. Check it on Realtor.com and on other firms' websites. Make sure there are plenty of photos. If there aren't insist that she put them up and threaten to end your contract if she doesn't. (Please note that I feel strongly you should fire this agent now, but I'm saying if you insist on keeping her.)

I still would raise the asking price immediately to market value to hedge against her dishonesty and minimize your risk.

It doesn't matter if she gets upset or acts offended. You ought to be acting offended! All you have to do is say, "I'm not comfortable with this strategy. Oh, you may be right, but I'm not comfortable with it."

I really think you ought to contact the entities listed above and bounce your situation off them, and you should let her know you are doing so. Ask what your options are for ending the contract altogether in light of her behavior.
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 01:12 PM
 
16,715 posts, read 19,309,028 times
Reputation: 41481
Quote:
Originally Posted by Dover there View Post
She seems offended that I question her. She stated per my contract I would still have to pay her commission if she found buyer 14 days after cancellation of my contract with her.
I'd like to add that the above statement tells me she was threatening you, except she left out the part that YOU, as the former seller, won't have to pay her commission, the buyer will.

Even worse, now she knows she has to hump it and get that pocket buyer on the hook, today, before you figure her out. That time you had a showing but no card was left? That was her!!! Don't you get that she is screwing you over???

FIRE HER!!!
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 01:55 PM
 
1,939 posts, read 2,147,799 times
Reputation: 5620
I don't think this is going to end well for the OP.

OP please cancel the contract and start over. Maybe you just have a clueless agent, or perhaps she is as unethical as she appears to be. Either way, you will be harmed by "hanging on to see what happens".

Can we see your listing?
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 02:25 PM
 
5,048 posts, read 9,555,563 times
Reputation: 4179
Pictures do not take longer.

Ask her what your multiple listing number is. See if there is one. Tell her you want to look it up and print it out to give to friends who have asked you about it and to email it to other friends. Prepare for her to volunteer to do that. Tell her no thanks you want them handy as people ask you about it.
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 02:33 PM
 
2,064 posts, read 4,418,863 times
Reputation: 1468
I'm not a fortune teller but I see the future clear as day on this one.

You can have an uncomfortable conversation with her now and then feel good about it afterwards or you can let the bad feelings linger and then will have to have an uncomfortable conversation with her a month from now and regret that you didnt do it earlier.

You need to find an agent that you trust and feel good about.

RVD.
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 02:52 PM
 
988 posts, read 1,731,753 times
Reputation: 1078
Quote:
Originally Posted by Dover there View Post
Hi all

Update.

I met with her this am. My listing became active yesterday.

I asked her point blank did she have a buyer in mind to purchase my home. She said she was working the list of buyers who looked at the other similar unit. That's all she would say and I did press her for more information. She did acknowledge she would divulge info if she brought a buyer herself.

I asked her again about delays with listing. She again said it was due to computer problems. I advised her that I know it doesn't take 24-48 hours for listing to upload. She said she just gave me that time frame die to pics taking longer.

She repeatedly said "we're listed!!"

I asked who the first showing was because they left no card. She said she would check with her office.

I asked about any feedback and she said none was received.

I had two showings yesterday. Both left cards. I asked about feedback and she said none received.

So, I'm listed. She seems offended that I question her. She stated per my contract I would still have to pay her commission if she found buyer 14 days after cancellation of my contract with her.

I'm going to hang on and see what happens.

Thx everyone for the insight and advice. I'll keep u posted

You should have fired her (and still should). She is definitely not working in your best interests, nor does she seem to care that she is eroding any and all trust you may have had in her.

"She stated per my contract I would still have to pay her commission if she found buyer 14 days after cancellation of my contract with her. "

That is an INSANE clause for you to have agreed to. Generally, in a listing contract, that type of clause is only used if someone who had seen the house or expressed interest while it was listed with me decided to make an offer after the expiration, or termination, of the original listing contract; this way, I'm protected from someone trying to "wait out" the contract term and try to get a deal without paying me my fee. But in that instance, there needs to be a list of specific people; to have a clause that is so general is terrible for you to agree to. I'll bet you dollars to donuts she will absolutely have a buyer within those 14 days.

If I were in your shoes, I'd still fire your "agent" and contact a local and knowledgeable real estate attorney. Considering all you've laid out, you should be able to easily argue in court that agent wasn't fulfilling their duties as laid out in their contract and thus, is not entitled to any commission. Just because you've signed that contract doesn't necessarily mean you're locked in; doesn't sound like the broker is fulfilling their end of things so you should be able to get out of it.
Reply With Quote Quick reply to this message
 
Old 10-06-2014, 02:56 PM
 
Location: St. George, Utah
755 posts, read 1,113,368 times
Reputation: 1973
She said she would check to see who had shown your home. She should have that info right now (she should have it in real time on her smartphone actually, but let's assume in your area you're not using the current technology for lockboxes (???) which would show her who is showing the home and when, and to request feedback in real time for each showing.

Insist RIGHT NOW on knowing who showed it and what the feedback was. Call the agents who left their cards and ask them for feedback. Act like you have no idea that sellers don't usually call the showing agents! lol

It feels like she is setting you up to say, well, it's been shown three times and no one has made an offer, better accept this one at asking price.

When is the agents' tour in relation to your place becoming listed?

PLEASE confirm NOW that your listing is actually on MLS and other agents are seeing it.

Have her add a note that offers will be accepted starting ____date (at least a week from now) if that is kosher where you are. I can't think why it wouldn't be.

She has divulged confidential information about other sellers to you. Why do you think she wouldn't do the same, especially if it will benefit her in this case? She has lied to you directly about the time it takes to get the listing up. She has unethically railroaded you into using contractors of her choice. She has not attempted to make you feel better about this relationship.

Have you adjusted the price up yet? What was her response to that?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top