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Old 05-26-2017, 12:46 PM
 
Location: Saint John, IN
11,583 posts, read 6,729,146 times
Reputation: 14786

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OP, you should have had a lawyer review the contract BEFORE you signed it! Anyway, If there was such a strict timeline to get back to the buyers then why did your realtor wait so long to get back to you?


YOU DO NOT have to fix anything to sell a home! However, the sellers may walk then. The nit picking stuff is ridiculous and the buyers are just milking you for all you have! If you have NOT signed anything to say you would fix it then you can say NO. Doesn't matter what your agent told them! If you signed a contract stating you will fix all these things then you're probably on the hook.


KEEP US POSTED!!!
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Old 05-26-2017, 12:47 PM
 
Location: Salem, OR
15,572 posts, read 40,409,288 times
Reputation: 17473
Quote:
Originally Posted by Brandon Hoffman View Post
Even after all these years I'm still amazed at the amount of bad, inaccurate, or incorrect advice I see on these boards. I guess I shouldn't be because after all everyone is an expert when it comes to real estate.

OP/Seller: You were never clear in your original post. What is your goal? Is it to sell the house to the current buyer, is that you now want to keep the house, is it not to do any repairs, get a new agent, just to vent that you aren't happy with the deal or your representation? If you'll clearly state what you want to have have accomplished we could maybe offer better advice.

What I deduced, and OP correct me if I'm wrong:
1-Seller and buyer agree on a contract
2-Inspections happen and reports and repair addendum sent Thur night.
3-Seller calls agent on Saturday
4-Agent sends copies of inspections/repair addendum and returns call on Monday.
5-Seller agrees to most repairs.
6-AC breaks and contract states home needs to convey in same condition as when contracted, meaning seller responsible for repairing/replacing AC
7-Seller comes in unhappy about what he agreed to originally. (sellers remorse)

First of all, you agreed. If you want out you need to review the contract and see what options you and buyer have. Secondly, you don't get to decide if the house is right for the buyer. The buyer gets to decide if the house is right for the buyer. Lastly, if you feel you were wronged somehow, and I really don't see it in the info provided, then consult an attorney.
You wait 4 days to get your clients a repair addendum?

C'mon, I know you wouldn't do that. That is terrible customer service. The sellers are clearly not assertive people and need competent guidance. They agreed to things, but NO WAY is it okay to go away for the weekend without coverage to take care of things like this.
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Old 05-26-2017, 03:12 PM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
Reputation: 10659
Quote:
Originally Posted by Silverfall View Post
You wait 4 days to get your clients a repair addendum?

C'mon, I know you wouldn't do that. That is terrible customer service. The sellers are clearly not assertive people and need competent guidance. They agreed to things, but NO WAY is it okay to go away for the weekend without coverage to take care of things like this.
I agree in principal that it wasn't 5 star service but I would point out that the inspection was sent to the agent Thur night so Friday is first business day and Monday the second business day. Agent was out of town over the weekend, maybe Friday too-it wasn't stated what duration of time they were out of town or if they had email or phone access. It was sent to the seller Monday. So really it was sent 2nd business day instead of first business day.

Seller also hung up on lots of minutia instead big picture and is clearly emotional. I don't have enough info and haven't heard both sides so I can't pass judgment on who's right or wrong, nor is it my place. I'm just trying to remain objective.
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Old 05-26-2017, 03:26 PM
 
28,113 posts, read 63,642,682 times
Reputation: 23263
Speaking as a buyer who was being pushed for a quick close only to find out the sellers were going through a divorce and did not show up at the closing the cost to move forward with specific performance was not worth the effort...

It's been years and the house looks abandoned but the husband still lives there a shell of a man according to neighbors...

I paid almost a $1000 to a Real Estate Lawyer who said I have a solid case and would prevail... it was the cost and time that made me decide not to continue...
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Old 05-26-2017, 03:44 PM
 
Location: Salem, OR
15,572 posts, read 40,409,288 times
Reputation: 17473
Quote:
Originally Posted by Brandon Hoffman View Post
I agree in principal that it wasn't 5 star service but I would point out that the inspection was sent to the agent Thur night so Friday is first business day and Monday the second business day. Agent was out of town over the weekend, maybe Friday too-it wasn't stated what duration of time they were out of town or if they had email or phone access. It was sent to the seller Monday. So really it was sent 2nd business day instead of first business day.

Seller also hung up on lots of minutia instead big picture and is clearly emotional. I don't have enough info and haven't heard both sides so I can't pass judgment on who's right or wrong, nor is it my place. I'm just trying to remain objective.
Yeah, but if the agent needed to have a response Tuesday by 9:30am, then they need to get someone to cover their time off. Agents work on weekends.

Yes, the OP is reacting, but the agent is clearly contributing to their anxiety.
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Old 05-26-2017, 07:27 PM
 
Location: Houston
26,979 posts, read 15,879,874 times
Reputation: 11259
Quote:
Originally Posted by CGab View Post
OP, you should have had a lawyer review the contract BEFORE you signed it! Anyway, If there was such a strict timeline to get back to the buyers then why did your realtor wait so long to get back to you?


YOU DO NOT have to fix anything to sell a home! However, the sellers may walk then. The nit picking stuff is ridiculous and the buyers are just milking you for all you have! If you have NOT signed anything to say you would fix it then you can say NO. Doesn't matter what your agent told them! If you signed a contract stating you will fix all these things then you're probably on the hook.


KEEP US POSTED!!!
This^^^^.

I am almost certain that your contract does not require you to fix anything found in an inspection. It simply gives the buyer the right to get his earnest money back if the seller and buyer cannot agree to terms after the inspection.
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Old 05-27-2017, 05:39 AM
 
6,321 posts, read 10,335,027 times
Reputation: 3835
Quote:
Originally Posted by Brandon Hoffman View Post
I agree in principal that it wasn't 5 star service but I would point out that the inspection was sent to the agent Thur night so Friday is first business day and Monday the second business day. Agent was out of town over the weekend, maybe Friday too-it wasn't stated what duration of time they were out of town or if they had email or phone access. It was sent to the seller Monday. So really it was sent 2nd business day instead of first business day.

Seller also hung up on lots of minutia instead big picture and is clearly emotional. I don't have enough info and haven't heard both sides so I can't pass judgment on who's right or wrong, nor is it my place. I'm just trying to remain objective.
But it wasn't even sent until 3 PM on Monday. Giving it to OP Monday morning and asking for it back in about 24 hours probably would have been acceptable. Either they should have given it to OP sooner or they should have given OP more time to review it (and help OP review it which it doesn't really sound like they did).

Honestly in this day and age if an agent doesn't have email access on their phone they should probably retire. Pretty safe bet that the agent saw it on Thursday or Friday at the latest, it doesn't take very long to forward an email and get back to your vacation. If they were out of the country or something then they should have had someone else helping them out.
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Old 05-27-2017, 07:04 AM
 
16,235 posts, read 25,202,137 times
Reputation: 27047
Quote:
Originally Posted by kamac View Post
We live in SC in a 55+ community and put our house on the market at a low price for the area. The house sold in 3 weeks and we are now under contract. The buyers gave us a bargain offer and had us throw in about $5,000 worth of household appliances such as the washer and dryer and all the window treatments which are worth that amount which we accepted at the time. The buyer had the house inspected and found the HVAC needed repair or replacement and 18 really picky things such as changing a battery, trimming bushes and burned out light bulb.since then the HVAC a/c unit broke but the buyers still want to go through with the sale and we need to repair that or replace it. Also we needed to pay for reinspection. Now we are talking even more money to spend on an already bargain priced home.

The realtor has either either not returned phone calls at all or slow about it and got the inspection report on Thursday but never gave it to us until 3:00 pm on Monday since she went away for the weekend. We tried the calling the broker on Sat. Morning and he never returned our call. We complained verbally about the communication problems between the agent and ourselves and that did no good. She wanted us to give her answers on everything by 9:30 the next day. So we agreed to most of the repairs. We felt rushed and with little help from them.The realtor insulted us and so we fired her and the broker (who also would not return phone calls) is now doing the sale.

The problems we are having is that we have lost all faith in our real estate broker - he is clearly working to get the sale through and ignoring our wishes. we just want to get out of this nightmare. They are stepping in and making promises from our sales contract for repairs if we wont agree to them to get the buyer to buy. I have never experienced anything like this. We have lost all faith in him. We indicated that the buyer is not a good fit for our house and he used intimidation tactics like we wont get another sale for a year or we will probably be sued.

Can anyone help us make sense out of this and what to do next? No way do we want to sell for the low price or throwing in all the other stuff and repairs , etc. and we are so upset with the broker, we don't want to even talk to him anymore. He is arrogant and intimidating. Further we could never find a house in our community to replace this one for what we are selling it for. Can we get out of this nightmare?
It seems to me if you wanted to get out of this sale, you should simply stop complying with their demands. On the other hand, perhaps the buyers are trying to get out of this....demanding a light bulb change seems ludicrous to me. What were the other 17 demands? The HVAC breaking is a valid demand, how did they know it broke? How much access are you giving these folks?

But, as other's have said, consult an attorney to know what your rights are going forward.
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Old 05-27-2017, 07:55 AM
 
2,737 posts, read 5,453,630 times
Reputation: 2305
Quote:
Originally Posted by MikeJaquish View Post
The best advice you will get on this forum:

Take your contract and all other documents to a real estate attorney for an assessment of your situation.
Tried to rep your post, but I have to spread it around.
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Old 05-27-2017, 11:18 AM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
Reputation: 10659
Quote:
Originally Posted by GoPhils View Post
But it wasn't even sent until 3 PM on Monday. Giving it to OP Monday morning and asking for it back in about 24 hours probably would have been acceptable. Either they should have given it to OP sooner or they should have given OP more time to review it (and help OP review it which it doesn't really sound like they did).

Honestly in this day and age if an agent doesn't have email access on their phone they should probably retire. Pretty safe bet that the agent saw it on Thursday or Friday at the latest, it doesn't take very long to forward an email and get back to your vacation. If they were out of the country or something then they should have had someone else helping them out.
I didn't see it stated that they required the inspection by Tuesday. Did I miss that somewhere? FWIW, I'm in SC. We don't use the state contract but I believe it allows 5 business days for a reply so the seller has time to get estimates. If they contract was on the SC state contract I think, again I'm not as familiar with it as our local CCRA contract, they would have until Friday at 7:59 am to respond or request an extension.

I'm not defending the agent, simply stating without knowing more information I'm not here to cast stones and provide objectivity.
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