My real estate agent is an idiot.... (Buckeye: sales, house)
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We had a home inspection done, too. It was basically the most useless thing we had done--a farce. We were there, but found out after he missed--doorbell didn't work, pool lights had no ground or something like that, bad wiring in the dr, etc., etc. Had to have this and multiple things fixed after.
We had a realtor in NY, that we hired, that, at the closing, tried to get us to buy a new furnace for the house. It was in excellent working order/efficiency had just been tested, but she made this and other demands. Our lawyer (have to have this at closings there) said no, so it didn't go any further. We also had a realtor who never put our house into MLS--kept it for himself and lied to us. Never found out about it well into process, his ex-wife told us ( I guess she smelled a dirty rat, too).
I just purchased a house which I took possession of on Friday. My real estate agent has been a nightmare the whole way, missing deadlines to file paperwork (which cost me money), and now I think she might not have submitted the paperwork for our home warranty.
The house is only two years old and has never been lived in, but when I tried to start up the air condition on Saturday I could make the fan and unit run but no cold air is coming out. The inspector, who my real estate agent picked, gave the unit a great review and I had no reason to doubt him as it's only two years old. I've called him and her this weekend but neither has returned my calls.
These things are just a few of the more minor problems I've had with her. You should read the emails she sends. She doesn't know the difference between their, there or they're. She doesn't know when to use the word too or other words and misspells words she must use every day like appraisal. If you're a poor speller, use the spell check...it's free.
My question is if she didn't send in the paperwork for the home warranty, if I purchase one tomorrow, will they cover my air conditioner? Who can I complain to about her? Thanks in advance.
Moderator cut: language Chances are that you've already paid her comm. but I wouldn't pay any of her fees if you still owe her money.
Contact the BBB and report both the inspector and the real estate company...if the BBB contacts them, they'll be in touch with you real quick!
If this don't work, I'd threaten her with "i know where you work and live...."
Last edited by sablebaby; 07-21-2008 at 12:23 PM..
Reason: are you serious?
To complain, you should first go to her Designated Broker. If she is the DB, then go to the Owner of the franchise.
Your agent may have made a ton of mistakes. However, a buyer also has a lot of responsibilities, and is given a lot of information to guide them through the process.
When you file a complaint you will be asked some questions at some point.
You would have received the Buyers Advisory, which you are required to initial each page and sign. Did you receive, read and sign that document?
Buyers Advisory, Page 3. Home Warranty Policy. "...Buyers should read the home warranty document for coverage and limitation information..."
It's up to you to make sure you get those documents to read.
The title company will usually order the home warranty. At the doc signing the escrow agent should have mentioned the home warranty on the HUD 1. If she didn't, then you should have asked her. Check your HUD 1 now (Settlement document) to see if the home warranty is listed. Ask the title company.
The escrow agent would have taken the information on your contract regarding the home warranty and placed the order. You are responsible for knowing what is on that Settlement document. That is not the agents responsibility. If it is on the contract, and the title company didn't order it, then you need to talk to the title company. They may have made an error.
You had the opportunity to do a final walkthrough, as per your contract, and my company requires that the buyer sign that he has done the walkthrough and note any discrepancy, or that the buyer accepts the home.
Your agent can not assist you with the walk through inspection because agents are not licensed inspectors. The agent is required to get you access to the house and accompany you on the inspection. But as far as responsibility, you are on your own with inspections.
While you are the one doing the inspection, and it is your complete responsibility, if the agent sees something that is not right, she must bring that to your attention.
If you did not do the inspection, then that is your fault. It is in the contract. I would also fault the agent if she did not remind you on a schedule that the walk through needs to be performed.
If you did the walk through inspection and did not inspect the AC during the walk through, then that is entirely your fault. Remember the agent is not licensed to do the inspection. She is only required to get you access to the home.
If the inspector did not do a good job, then you need to discuss that with him. However, I cannot imagine an inspector not checking an AC in the summer. When the temperature is low, they can't check it without possible damage, but to not check it in the summer would be gross negilgence.
I have names of several inspectors and I give them to my buyer and advise them to choose among these, or to also look up others in the telephone book. I do not choose the inspector.
All inspectors are different. Some will note items that others don't. They are all human. But to miss checking an AC in the summer. I doubt it. So i suspect that something happened to the AC after that inspection.
I am always there when the inspector does the inspection, and I meet with the inspector and the buyer when he gives his report. Along with the buyer, I will ask any questions that come to my mind during the summary.
Most agents that I know operate that way. But again, agents are not licensed inspectors and are not allowed to do them. They are only required to point out something that they see.
As far as an agents spelling, I can't see how that affects their performance. Many agents are busy and many are also accustomed to "texting" which uses a lot of shortcuts and they don't take the time to do spell checks. It is an agents' "performance of the duties" that is important to me. That is probably the way her broker will look at it.
So in your complaint to her broker, I recommend that you stay away from nit picking about spelling and grammar, and concentrate on providing proof to the broker that the agent has been neglectful of her duties.
However, at that point both sides will be heard, and you will be asked the same questions that I've asked about the contract and Buyers Advisory, and many more.
I'm not taking sides; I'm just pointing out that there are two sides to every dispute, and when formal complaints are made, both sides have the opportunity to present their side. There will be tough questions to both parties about contracts, supporting documents, and responsibilities by both agent and buyer.
If you do not get satisfaction by going to the broker, talking to the inspector, and to the title company, then you can file a formal complaint with the Arizona Department of Real Estate. You can google it and find out how to file.
To complain, you should first go to her Designated Broker. If she is the DB, then go to the Owner of the franchise.
Your agent may have made a ton of mistakes. However, a buyer also has a lot of responsibilities, and is given a lot of information to guide them through the process.
When you file a complaint you will be asked some questions at some point.
You would have received the Buyers Advisory, which you are required to initial each page and sign. Did you receive, read and sign that document?
Buyers Advisory, Page 3. Home Warranty Policy. "...Buyers should read the home warranty document for coverage and limitation information..."
It's up to you to make sure you get those documents to read.
The title company will usually order the home warranty. At the doc signing the escrow agent should have mentioned the home warranty on the HUD 1. If she didn't, then you should have asked her. Check your HUD 1 now (Settlement document) to see if the home warranty is listed. Ask the title company.
The escrow agent would have taken the information on your contract regarding the home warranty and placed the order. You are responsible for knowing what is on that Settlement document. That is not the agents responsibility. If it is on the contract, and the title company didn't order it, then you need to talk to the title company. They may have made an error.
You had the opportunity to do a final walkthrough, as per your contract, and my company requires that the buyer sign that he has done the walkthrough and note any discrepancy, or that the buyer accepts the home.
Your agent can not assist you with the walk through inspection because agents are not licensed inspectors. The agent is required to get you access to the house and accompany you on the inspection. But as far as responsibility, you are on your own with inspections.
While you are the one doing the inspection, and it is your complete responsibility, if the agent sees something that is not right, she must bring that to your attention.
If you did not do the inspection, then that is your fault. It is in the contract. I would also fault the agent if she did not remind you on a schedule that the walk through needs to be performed.
If you did the walk through inspection and did not inspect the AC during the walk through, then that is entirely your fault. Remember the agent is not licensed to do the inspection. She is only required to get you access to the home.
If the inspector did not do a good job, then you need to discuss that with him. However, I cannot imagine an inspector not checking an AC in the summer. When the temperature is low, they can't check it without possible damage, but to not check it in the summer would be gross negilgence.
I have names of several inspectors and I give them to my buyer and advise them to choose among these, or to also look up others in the telephone book. I do not choose the inspector.
All inspectors are different. Some will note items that others don't. They are all human. But to miss checking an AC in the summer. I doubt it. So i suspect that something happened to the AC after that inspection.
I am always there when the inspector does the inspection, and I meet with the inspector and the buyer when he gives his report. Along with the buyer, I will ask any questions that come to my mind during the summary.
Most agents that I know operate that way. But again, agents are not licensed inspectors and are not allowed to do them. They are only required to point out something that they see.
As far as an agents spelling, I can't see how that affects their performance. Many agents are busy and many are also accustomed to "texting" which uses a lot of shortcuts and they don't take the time to do spell checks. It is an agents' "performance of the duties" that is important to me. That is probably the way her broker will look at it.
So in your complaint to her broker, I recommend that you stay away from nit picking about spelling and grammar, and concentrate on providing proof to the broker that the agent has been neglectful of her duties.
However, at that point both sides will be heard, and you will be asked the same questions that I've asked about the contract and Buyers Advisory, and many more.
I'm not taking sides; I'm just pointing out that there are two sides to every dispute, and when formal complaints are made, both sides have the opportunity to present their side. There will be tough questions to both parties about contracts, supporting documents, and responsibilities by both agent and buyer.
If you do not get satisfaction by going to the broker, talking to the inspector, and to the title company, then you can file a formal complaint with the Arizona Department of Real Estate. You can google it and find out how to file.
Excellent post, Capt Bill. It's a great reminder of the responsibilities of the buyer.
My realtor set me up with a home warranty that pretty much turned out to be useless. It was with a well known company but there's a LOT of fine print and exemptions. And to be fair, it doesn make fiscal sense for the company in many situations. MY AC died, but it was old and of course that wasn't covered. Neither were any probs with the spa or pool equiptment. Washer/dryer/dishwasher - same thing. I had some outside faucets that began leaking, but external plumbing wasn't covered, etc.
In fact, pretty much anything I called them about for the 2 year coverage wasn't covered. But as mentioned, they would have spent $10,000 on fixing things that were simply old, all for a few hundred dollar policy. It would have been nice for me... but oh well.
Basically the bulk of any house should last ages, but certain aspects start aging much faster depending on their function... anything mechanical, that involves water, etc. starts heading to its death from day one. A water heater should last 8 years, maybe less. Mine was 15 before crapping out and costing a grand. AC units here, probably the same. And will cost a few grand or more. It's all part of the fun.
I would have dumped that agent in a heartbeat. First, I'm a little anal about being able to write a complete and correct sentence in English. If they cannot perform that simple task, that's one strike. I mean, they aren't being detail oriented and just don't seem to care, in my opinion. Second, having to sign a contract locking you into her services? I don't think so. And lastly, an agent should always be available for at least a callback or email. They don't work M-F 9-5. They're supposed to be there at those crazy hours because the rest of us are forced to work the normal business hours. They should be able to at least return a message within that day, unless they are on vacation or there's an emergency. I don't know why you didn't just get rid of her when you started having concerns. Forget about their feelings. This a major life purchase.
I have a lot of friends in the real estate biz and the inspection biz, did a lot of plumbing for agents and I'm telling you 75% of them, maybe not knowingly, but they do just want the sell to go through. The inspectors don't want to **** off the agents because they get a lot of business through them so things are missed and it's not on the buyers side.
If you want to play it safe hire sep. inspections for ac, plumbing and termites. Request this and if the seller says no then I wouldn't buy it. I am not cutting down agents or inspectors but it is there job to sell, not make sure you don't get in a pickel later. The regular inspectors can't go inside walls so it's all stuff they can eyeball. I mean you could do this yourself. http://www.independentinspectors.org...ectors-gma.wmv
Quote: PhxBuckeye...My real estate agent has been a nightmare the whole way, missing deadlines to file paperwork (which cost me money), and now I think she might not have submitted the paperwork for our home warranty.
Sounds exactly like the same one who we had, until we fired her. What a dingbat. She's what gives realtors a bad name.
Was your agent a tall dumb blonde? Seriously, I mean really dumb. I should post some of her emails just so you know how serious I am.
I guess I do have to take some of the responsibility for the AC since at the walk through she said she didn't know how to turn it on and I let it go since during the inspection it blew so cold. Also during the walk through she turned on the oven and microwave, which in itself is great, however; since the appliances are new, they still had all the literature inside and she nearly burned the house down. Fortunately some friends I took with me saw what she was doing and kept her from killing everyone.
I found out that my home warranty is good to go and a call has gone out to Cool Blew. However, since she didn't check the AC during the walk through, and I have to pay $50 for the service call, can I stick her with the charge? I will report this chick to the BBB and any real estate board (as well as her superiors) if she doesn't take care of this. I've called her several times but her rude husband keeps saying she's in Mexico and cannot be bothered now. Clearly she's duckin'.
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