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Old 11-11-2014, 04:51 PM
 
Location: Howard County, Maryland
1,539 posts, read 2,293,992 times
Reputation: 2450

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Seems like pretty small potatoes to be walking away from a deal, but I guess it has more to do with your trust being violated. Perhaps your realtor could ask for a repair credit instead since the repairs were not performed as requested?
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Old 11-11-2014, 04:57 PM
 
3,971 posts, read 4,012,645 times
Reputation: 5401
You should consult with an attorney (well worth the money) but this looks like you should walk away from this deal. Someone wants to save their commission.
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Old 11-11-2014, 05:10 PM
 
Location: Englewood, FL
1,268 posts, read 2,989,539 times
Reputation: 1117
Quote:
Originally Posted by cjmeck View Post
Seems like pretty small potatoes to be walking away from a deal, but I guess it has more to do with your trust being violated. Perhaps your realtor could ask for a repair credit instead since the repairs were not performed as requested?
Absolutely agree! Petty to walk over a few hundred dollars in repairs. Ask for a credit and move along with the closing.
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Old 11-11-2014, 05:33 PM
 
5,048 posts, read 9,572,700 times
Reputation: 4179
My opinion is....what else are they not telling you. And your Realtor doesn't appear to be working for you. Her husband's non-company could likely have done a shody job and there is no recourse when no company exists. Perhaps she's in over her head. Maybe she hasn't even told her broker.

Here are some ideas to mull over.


I find info empowering. Sometimes it helps to say for example, "Well, when I spoke with Jim's office...." And they'll say, "Jim who?". You'll say "You know, Jim *** the president of the GAR. So when I spoke with his office I was told...." . Or one might say, "You know the Professional Licensing complaint form I'm holding from the Sect. of State's office says...." And the tone changes when people get an idea you either know what you're doing or a loose cannon who will cause problems. Either way, they act faster.

The Ga Association of Realtors has a bunch of forms online for realtors. They also offer some info/instruction on some of the more difficult forms, one being the one about terminating a sale. This will be of some help so that you feel you have a leg to stand on. Read "A close Look at F83..."

http://www.garealtor.com/LawEthics/ContractForms/FormsFocus/tabid/566/Default.aspx

Here are the officers of the GAR. http://www.garealtor.com/AboutGAR/ExecutiveBios/tabid/71/Default.aspx

Here is the GAR numbers: GAR 770-451-1831
Professional Licensing of Ga. is done under the office of the Sect. of State:

Here is the form for a complaint:

http://sos.ga.gov/plb/submitcomplaint.php

Here are the licensing laws:

http://sos.ga.gov/index.php/licensing/responsibilities_of_a_license_holder

Here is the office number to contact:

Address: 237 Coliseum Drive Macon, GA 31217-3858
Phone: (478) 207-2440
Hours: Mon - Fri 8:00 - 5:30
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Old 11-11-2014, 07:41 PM
 
3,614 posts, read 3,865,649 times
Reputation: 2288
Better call Saul.
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Old 11-11-2014, 07:56 PM
 
3,826 posts, read 5,777,335 times
Reputation: 2397
Quote:
Originally Posted by jacobaf20 View Post
Our realtor is "handling" this in the sense that she seems to be trying to get information from people, but is not returning my phone calls. I don't believe she's recommended anything specific, but she has lead us to believe that the listing agent is being honest and we may need to just accept the house.
This is a GREAT exampe of buyer's agent working for the SELLER!!! Because all agents will get paid only is deal is on!!! So they all are working for the seller!!!

We were in the similar situation, but in FL. We got out and our deposit was given back to us. It took some time, but I was quoting our contract and was going by timeline of thing, and what was not done. I believe you had an option to call it off if repairs were not done by specific date. If you have emails, it will hel you. Fight and good luck! We only lost money we spent on inspection...
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Old 11-11-2014, 08:15 PM
 
Location: Salem, OR
15,518 posts, read 40,261,953 times
Reputation: 17399
I always find it fascinating about other state practices. Here if you do work on a home that isn't your own and you get paid for it, you have to be a licensed contractor in the state of Oregon. I can't believe an agent is having her husband do repair work on a house she is selling who isn't a licensed contractor. The liability is crazy for that!

I'd call the listing agent's principal broker and ask the brokerage to guarantee the repair work since an agent affiliated with the company had her husband to do the repair work. Ask if their E&O insurance will cover any issues with the house say if the roof leaks and causes water damage to the interior since the broker's hubby did the work and not a licensed contractor. Any broker worth their beans will have a licensed contractor out there pronto evaluating the situation and making sure any repairs are done properly.
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Old 11-11-2014, 09:04 PM
 
Location: southwest TN
8,568 posts, read 18,054,901 times
Reputation: 16702
ATTORNEY! N O W - what are you waiting for? There is FRAUD in this.
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Old 11-11-2014, 11:39 PM
 
9,891 posts, read 11,704,117 times
Reputation: 22085
Quote:
New tidbit of information: the person who handled the repairs is not a licensed contractor, but is in fact the listing agent's husband. The business on the letterhead really does not seem to exist at all.

Our realtor is "handling" this in the sense that she seems to be trying to get information from people, but is not returning my phone calls. I don't believe she's recommended anything specific, but she has lead us to believe that the listing agent is being honest and we may need to just accept the house.

As for type of repairs, I doubt it matters but: replace damaged vinyl siding, do some repair work to the roof, and recaulk the shower enclosure. It seems small things but for the price we wanted it to be move-in ready, not to have to redo his poor repair work.
Your agreement (contract) called for the work to be done by a licensed contractor. Instead the listing agent had her husband (not a licensed contractor) do the work instead and not done properly. The listing agent gave you a statement from an non existing company and said that was the bill.

You don't need an attorney. Notify by certified letter return receipt, what has gone on, and are giving them 3 days from receipt of letter to get your deposit returned, or you are making a formal complaint to the State Agency that licenses real estate agents and brokers, for fraud. Also notify the broker, you are going to turn this over to the State Agency that licenses contractors, and make a complaint that their office is using non licensed contractors (the agents husband), using false letterheads claiming they are licensed. Also you will be making a formal complaint to the State Association of Realtors about their conduct. Tell them you will be sending copies to the State Attorney General, and the Governor of the state. Governors do not like to get these type of letters, and will have an aid check to see you are getting taken care of. Also tell them you are going to make these complaints known to the local newspapers, TV stations if there is one or more, and radio stations.

This is grounds for the agent, and the brokerage to lose their licenses, and the Realtors to ban both from being Realtors in the future. They will in all probability be out of business if you do this or at least under strong restrictions and ordered to take care of you. You will get action, and within the 3 days at no cost for an attorney as no Real Estate Office, can afford to have these complaints made against them if they want to stay in business.

An attorney can take many months to 2 years go get action and cost you considerable up front money. This way you will get very quick action. The association of Realtors does not want this type of publicity, and will act fast. Someone posing as being in business when they are not, and as a licensed contractor is something the state will act on fast. Also send copies to your buyers agents office, and tell them they are being included in the complaint with a certified letter return receipt when you send the 3 day notice.

Once those 2 brokers get such a notice, they are going to do what ever it takes to protect their businesses, and you will get action. I first entered the real estate brokerage business in 1972 and had my office up till I finally retired. I have suggested this path of action before, and it always got favorable action to the person suggested to. I am proud, I never had a complaint to the Realtors, or any state agency while I was in business as I never gave a reason to have complaints.

If you get calls wanting to work something out, just tell them you will only accept the contract being cancelled, and your deposit returned. Don't dicker with them in any way.
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Old 11-12-2014, 01:08 AM
 
5,048 posts, read 9,572,700 times
Reputation: 4179
Put all these things together in an email to your realtor's broker. Forget the realtor. Add you haven't heard back from her. And end with you're walking out the door now to your atty appointment.

It would be great it you had a paper trail already. If not, start one asap for proof.
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