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Old 03-28-2009, 01:01 PM
 
5 posts, read 17,581 times
Reputation: 13

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I'm in the process of purchasing a house and have a signed agreement with a real estate agent to work as a "buyer's agent", to work in my best interest, and not the best interest of the seller.
We just had the house inspected and found some things which needed to be fixed. We asked that the seller of the house provide an allowance at closing of $2000 for repairs, and were waiting to hear back from the sellers if they agreed to the allowance. Our "buyer's agent" has informed us that the sellers are having a handyman give them an estimate for the repairs, based on the inspection report, since they think it will cost much less than the $2000 allowance we asked for.
I paid for the inspection, not the seller, and I did not authorize my buyer's agent to share the inspection report with the seller. He openly admitted that he provided them a copy of it, and didn't think it was a problem.

Did my real estate agent, who is supposed to be working as a "buyer's agent" according to the contract we signed, violate any ethics rules or laws by providing the inspection report we paid for to the seller without our permission?
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Old 03-28-2009, 06:02 PM
 
Location: Dallas/Fort Worth, Texas
4,191 posts, read 14,061,816 times
Reputation: 2649
Your agent shouldn't have shared the report without first consulting with you. Do you have other reasons to believe that he has acted unethically? It seems more like inexperience or naivete.

You would be amazed at what some agents do and about 99% of the time it's not malice, just ignorance. One exemple I can think of is give the security code for a home in the public remarks of the MLS... then there is a field where you are supposed to fill it ONLY if the seller is offering an assumable loan and they put the equity amount on there. duh!!!

Also, don't settle for a handyman to do the work if the work is such as plumbing or electrical etc. You want a licensed professional in that field to do the work and you want receipts with their warranties. You don't want to just have a band aid put on.

Keep us updated please. Good luck.

Naima

Last edited by nsumner; 03-28-2009 at 06:13 PM.. Reason: typo
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Old 03-28-2009, 06:10 PM
 
Location: Texas
204 posts, read 889,133 times
Reputation: 213
My wife works in real estate and says yes, the agent screwed up. You bought the inspection, therefore you're not obligated to show it to the seller or even your agent. The agent has to get your permission to show it to the seller.

But, if it'll cost much less than $2000 to fix the repairs, do you blame the sellers for wanting to get an estimate? To me it sounds like you were trying to make a buck at the sellers expense. Yes, your agent was in the wrong, but the sellers have every right to get an inspection and estimate themselves.
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Old 03-28-2009, 10:03 PM
 
Location: DFW - Coppell / Las Colinas
36,767 posts, read 40,927,926 times
Reputation: 44363
I always ask my buyers if they mind I share the inspection and in all cases they have said yes (I do ask 1st).

When we send a seller a list of repairs or request for money it adds legitimacy that we are asking for items that are actually in need of repair and not trying to blow smoke.

Yes they should have asked but it's in your best interest to provide proof the house needs work. Legit requests usually get serious responses and more value in your pocket.

IMO
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Old 03-28-2009, 10:23 PM
 
Location: Austin, TX
322 posts, read 819,897 times
Reputation: 177
must vary by state. here I think the seller is always entitled to see the inspection report. They don't have to agree to fix the stuff, but they get to see it.
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Old 03-28-2009, 11:13 PM
 
5 posts, read 17,581 times
Reputation: 13
No, I wasn't trying to make a buck at the sellers expense, the repairs are legitimate, and we were not asking the sellers to foot the entire cost of the repairs. However, WE paid the $325 for the inspection report, not them. The inspection report belonged to US. We would have been willing to share the report with the seller, but only if the seller was willing to share the cost of it. Our supposed buyer's agent acted without our approval and provided them a copy.

We have repair quotes from licensed professionals for electrical, plumbing, wood, and masonry repair. They are now wanting to low-ball the repairs and are getting a quote from a unlicensed handyman who doesn't offer any warranties or guarantees on the repairs.

We had 2 seperate termite companies tell us that the entire perimeter of the house needs to be treated, and the cost would be about $1000. They have a handyman who wants to spot treat for less than $200.

Yes, they can get shoddy repairs made for less than $2000, but our request for repair costs was FAR below what the actual cost will be for licensed professionals to do the job.
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Old 03-29-2009, 12:12 AM
 
Location: DFW - Coppell / Las Colinas
36,767 posts, read 40,927,926 times
Reputation: 44363
To answer your original question....

I don't believe its a violation of law or ethics. They may have honestly thought they were acting in your best interests.
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Old 03-29-2009, 12:31 AM
 
Location: Inthewoods
113 posts, read 367,175 times
Reputation: 53
You can fire him or her. He broke the contact rules. If he wants to press the issue, get a lawyer. If you get a lawyer tell him he will be paying the fees and everything else. I hate when people try to lock you in or do something they know better. If you can not do your job then go find something you are good at. Who cares if you want to make a dollor or two. It is part of buying and selling. Don't give in. There are plenty of deals, make them wait, tell them you want to think about it. If you lose it then it was not meant to be. There are plenty of houses and deals to be made.
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Old 03-29-2009, 03:22 PM
 
32,551 posts, read 51,112,793 times
Reputation: 18432
he did break the rules--we paid for inspection and appraisal of our house bought in october--the appraisal came back multiple thousands below what the seller and his agent had set the selling price at-
we showed them that to document our holding out for reduced price--
BUT our realtor made sure it was OK with us to send it over to the seller....
the inspection report showed couple of minor items that needed attention (but don't think it was really that thorough an inspection either)...
YOU pay for the report---It is yours--and your realtor really committed a faux pas to disclose to the seller anything w/o your ok...
whether the seller was paying more or less than repairs were worth could have been an issue however--because YOUR agent does not want to be guilty of misrepresenting the value of repairs--that comes close to defrauding the seller...negotiating is one thing--defrauding is something else

my daughter is trying to buy house in FL and their contract to purchase specified that the seller will pay 1.5% of sales price toward cost of repairs---whether that covers all of them or just partial--that is what was offered...and accepted--so that much money is rebated to the buyers at closing...
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Old 03-29-2009, 05:44 PM
 
Location: NorthTexas
634 posts, read 1,441,127 times
Reputation: 327
Question has the contract been amended?

Quote:
Originally Posted by Hagar The Horrible View Post
I'm in the process of purchasing a house and have a signed agreement with a real estate agent to work as a "buyer's agent", to work in my best interest, and not the best interest of the seller.
We just had the house inspected and found some things which needed to be fixed. We asked that the seller of the house provide an allowance at closing of $2000 for repairs, and were waiting to hear back from the sellers if they agreed to the allowance. Our "buyer's agent" has informed us that the sellers are having a handyman give them an estimate for the repairs, based on the inspection report, since they think it will cost much less than the $2000 allowance we asked for.
I paid for the inspection, not the seller, and I did not authorize my buyer's agent to share the inspection report with the seller. He openly admitted that he provided them a copy of it, and didn't think it was a problem.

Did my real estate agent, who is supposed to be working as a "buyer's agent" according to the contract we signed, violate any ethics rules or laws by providing the inspection report we paid for to the seller without our permission?
I understand about the inspection being shared without your approval but the bigger question is was the contract amended within the option period to cover the repairs? If not then you may have a problem much bigger than the handiman/inspection issue.

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