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Old 03-25-2008, 04:59 PM
 
52 posts, read 200,950 times
Reputation: 28

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So my husband and I bought a home long distance. We went with the realtor assigned to the home. He was TERRIBLE. We told him from the start that we had never purchased a home before so we would really need his help. Half the time he never told us about information we needed the other times he told it to us 2hrs before it was due. Our closing had to be pushed back three times due to him not following through on stuff. We even lost our locked in interest rate because the second close date he informed us he had forgotten to get our inspections done so the lock expired. The other thing is that we agreed to pay a higher price for the house because he put in to have the seller pay all closing costs. Turns out he knew that because we did a VA loan the seller could only pay 4% of closing and so the third date set for close we were called by our banker 2hr before signing and told we needed to come up with another 800 dollars. Our real estate broker knew about this before hand and NEVER called and told us. Does anyone know if there is a specific place I can call in Indianapolis to report him? We haven't had much luck through the Century 21 offices. I am soooo upset this whole buying process has been a nightmare. OH and the final straw 3 days after the closing he called to say OOOPS I never had the house sprayed for termites like I was supposed to. ARRRGGG
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Old 03-25-2008, 05:25 PM
 
Location: Rural Central Texas
3,631 posts, read 9,743,372 times
Reputation: 5500
You should be able to file a complaint with the local board of realtors and assuming you can document everything you posted, I would pursue a small claims case against him for malfeasance seeking to recover any extra costs that can be atttributed directly to his statments or lack of action.
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Old 03-25-2008, 08:10 PM
 
Location: Houston-ish, TX
1,099 posts, read 3,457,333 times
Reputation: 398
The local board of Realtors is MIBOR, their website is MIBOR.com

I'm sorry to hear about your toubles.
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Old 03-26-2008, 10:13 AM
 
Location: The Fruited Plain
172 posts, read 472,591 times
Reputation: 58
Report him to MIBOR and file suit.
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Old 11-29-2008, 01:13 PM
 
Location: Not where you ever lived
11,544 posts, read 27,448,603 times
Reputation: 6341
NO!!! The local board has NO authority in any court of law in the United States. File your complaint with your state office of Attorney General. Most states have laws concerning fraud. Your realtor needs a new job making license plates. sp does the contractor.

The banker, the title company and Century 21 know when the closing was pushed back and why because the title company sets the time of closing while your mortgagor delivers the money for your closing to the title office the day of the closing. Bankers may be the only people on earth who actually tell the truth about money and where/when it it is delivered. .

Century 21, ERA, Re/Max and Caldwell- Banker is one in the same company. it is the largest real estate company in the world. It is in owned by an off-shore holding company that is judgement proof for most of us. NO lawyer will help YOU. The only relief is your state pffice of Attonery General. Been there, don that. Good Luck.

Last edited by linicx; 11-29-2008 at 01:19 PM.. Reason: script
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Old 11-30-2008, 09:18 PM
 
46 posts, read 173,809 times
Reputation: 47
You can file complaints with MIBOR as well as the Indiana Real Estate Commission, which will just have you file a comlaint with the Attorney General's office.

Here are some links you may find useful:
http://www.raci.org/uploads/Before_you_File_Ethics_Complaint.pdf (broken link)

http://www.mibor.com/pdfs/code_of_ethics.pdf

As a first time buyer, of course you don't know how things work and a good realtor would take care of you. But, without knowing the full circumstances about your situation, I can say as someone who has bought multiple homes, I have never once had a realtor be responsible for setting up a home inspection, nor have I ever heard of one being responsible for termite extermination--unless he owned the home. A realtor might suggest people for the job, but they never made appointments for things like that. The person selling the house is normally the one treating for termites. Did her also represent the seller? Something sounds screwy here.
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Old 12-01-2008, 12:30 PM
 
1,095 posts, read 3,722,158 times
Reputation: 657
Quote:
Originally Posted by linicx View Post
NO!!! The local board has NO authority in any court of law in the United States. File your complaint with your state office of Attorney General. Most states have laws concerning fraud. Your realtor needs a new job making license plates. sp does the contractor.
You're correct that MIBOR has no authority in a court, but you're getting ahead of yourself talking about fraud, much less jail time - and in Indiana the AG does not do any criminal prosecution anyway, but I digress. Fraud is an intentional misstatement that the other party relies on to their detriment. I don't see any indication of fraud here. What I do see is that the realtor probably breached his fiduciary duty to the buyer, meaning that he had a duty to act in the buyer's best interest, keep the buyer informed, etc.

Quote:
The banker, the title company and Century 21 know when the closing was pushed back and why because the title company sets the time of closing while your mortgagor delivers the money for your closing to the title office the day of the closing. Bankers may be the only people on earth who actually tell the truth about money and where/when it it is delivered. .

Century 21, ERA, Re/Max and Caldwell- Banker is one in the same company. it is the largest real estate company in the world. It is in owned by an off-shore holding company that is judgement proof for most of us. NO lawyer will help YOU. The only relief is your state pffice of Attonery General. Been there, don that. Good Luck.
Dead wrong about Century 21, and even more wrong (if it's possible) that no lawyer would ever help the homeowner. This realtor works for a broker who is licensed by the state - there are dozens and dozens of different Century 21 businesses organized as domestic corporations in Indiana. This broker has an office somewhere and presumably has assets - the brokerage surely has income, for one thing, and the business may have real property as well. Century 21 is by no stretch of the imagination "judgment-proof." The state AG isn't going to get the homeowner a dime. It may punish the realtor but it is extremely unlikely that the realtor would be forced to pay the buyer anything.

It sounds as though this was the seller's agent, since the OP said he was the agent that was "assigned to the house." Unless there was a dual agency agreement the buyer signed, the realtor may not have had any duty to the buyer. If there was an agency agreement between the buyer and the realtor, that would set out important terms that might define or limit the realtor's liability. Chances are, the realtor was not responsible for the inspections and termite spray, for example.

What the buyer might do is calculate how much the realtor's mistakes cost the buyer. How much did the buyer pay in extra rent due to the closing being delayed? How much is the extra interest going to cost? We know the closing costs fiasco was worth $800. What I might do is write a demand letter to the realtor's broker, list all the damages and show how they were tied to the realtor's mistakes, and ask for payment. Mention that a complaint to MIBOR and the AG may be forthcoming, as well as a lawsuit, if payment isn't made. Give them ten or fifteen days to respond, and see what happens. Brokers don't like to defend complaints, so there might be a little leverage there, but there won't be any leverage left if you go ahead and complain to MIBOR and the AG without trying to resolve this with the broker first. Plus, there's always a chance the AG will choose to do nothing, which doesn't prove the realtor didn't mess up, but will hurt your case if you try to sue later.
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Old 06-16-2011, 12:39 PM
 
1 posts, read 3,956 times
Reputation: 10
During a closing I question the listing agent about gas logs that was listed on the MLS. They advised there were none, it was their error and they advised it was not inclued on the disclosure.

Is this a case of the buyer beware? Any recourse?
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Old 06-22-2011, 02:36 PM
 
Location: Houston-ish, TX
1,099 posts, read 3,457,333 times
Reputation: 398
Were they there when you toured the home? Did you read and sign the seller's disclosures?
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Old 07-14-2011, 03:48 PM
 
551 posts, read 304,557 times
Reputation: 1126
Real Estate, the 2nd oldest profession.

Century 21, right there, that say it all.
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