My real estate agent is an idiot....

[Captain Bill]

Originally Posted by PhxBuckeye

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'.

If you think the husband is lying and she is ducking, then call her broker and discuss the situation with him/her. But at the moment you do not know that he is lying, yet you are publicly chastising her.

Your Home Warranty issue was a no issue. Apparently you had forgotten about it, but you publicly chastised the agent for it.

The AC issue has been clarified. The agent told you that she did not know how to turn it on. You made the conscious decision to not turn it on. That was your responsibility and you erred by not turning it on.

The oven issue is one where it seems that she was doing you a favor by helping you with the inspection, (and she should not have been doing that).

You had some friends with you during your walkthrough inspection. In my opinion that was a mistake because they were most likely a distraction to your inspection process.

Your real complaint is that you had to pay a $50 service call because you erred and did not check the AC; and you want to stick the agent with that $50; Notwithstanding that inspecting the AC was your responsibility, not hers.

The only thing that I see she has done wrong is trying to help you with the inspection when she is not supposed to. She was going above and beyond her responsibilities, and now because you want to stick her with the $50 you are telling the public what a terrible agent she is.

I agree that there are a lot of agents out there that should not have a license, and they make a bad name for the industry, but this does not seem to be the case with that agent.

It is very important that buyers (and sellers) read and understand the Purchase Contract, and buyers should read and understand the Buyers Advisory.

It's also important that agents tell their clients when they walk through a home that they will point out any problems they see with the home, however, that the client needs to understand that agents are not inspectors and cannot perform an inspection for the buyer. The inspections and due diligence is the responsibility of the buyer.

Section 6L of the purchase contracts states who will order and who will pay for the Home Warranty.

Section 6m Walkthrough(s) states:
Seller grants Buyer and Buyers inspector(s) reasonable access to conduct walkthrough(s) of the Premise for the purpose of satisfying Buyer that any corrections or repairs agreed to by the Seller have been completed, warranted items are in working condition and that the Premises is in substantially the same condition as of the date of Contract acceptance. If Buyer does not conduct such walkthrough(s), Buyer releases Seller and Broker(s) from liability for any defects that could have been discovered.

According to Section 6m, since you made the decision to not check the AC, you have no recourse to either the Seller or the Broker. This section gives you and your inspector(s) access for inspections. Nowhere does it say that the agent is responsible for performing an inspection for the buyer.

If you wish to pursue this then here is a paper from the ADRE explaining the complaint process:

http://www.azre.gov/PUBLIC_INFO/Documents/INV-200_Complaint_Process_Consumers_Guide.pdf (broken link)

[Captain Bill]

Originally Posted by twixcookie

Buyer beware!

twiscookie, in the past the contracts were written in such a way that they did favor the seller.

Over the years the AZ contract has been revised so that today it is a very balanced contract. It is designed so that it protects the seller and buyer equally.

Both the buyer and the seller should read and understand the contract, then there will be no misunderstandings.

The due diligence section is especially protecive of the buyer because it provides them with sufficient time to perform all the inspections they desire within that time period.

The final walkthrough is further protection, because the seller must provide access so the buyer and their inspector(s) can go back to see that the home is in the same condition as it was when it was contracted, that all of the warrantied items work, and that the items they paid for such as refrigerator, etc, are the same, and haven't been switched; and that any repairs the seller agreed to make have been made.

The contract provides the buyer with the option of obtaining a home warranty and spells out who will order it and who will pay for it.

It is a pretty well written contract for both parties.

[43north87west]

Originally Posted by PhxBuckeye

Hey Guys,

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.

I wouldn't mess with the agent. If they were problematic while working through a transaction, odds are they're not going to be any better when working out a solution. And that's assuming that they even offer a solution, because that is similar to admitting guilt (or that's how they'll see it).

Arizona Department of Real Estate Investigations (http://www.azre.gov/INV/INV.html - broken link)

Follow the formal complaint process against the agent. This will be addressed. Keep in mind that, judging from some of the real estate people I've met here in the valley, the AZ Department of Real Estate probably gets quite a bit of complaint traffic, so make your complaint distinctive. Avoid making it sound like a personal vendetta. A well-worded, gramatically correct, factual, powerful complaint will have a better impact than a long-winded rant without much fact. Obviously you already know these things, but it's worth mentioning just in case.

While most government agencies are painfully slow and inconsistent, most regulatory agencies are not slow or inconsistent when investigating a complaint against a licensee.

The problem with dealing directly with the agent is that most people in a sales related capacity are good at persuasion. If they are in defensive or emergency mode, they'll use a lower grade of techniques that make you feel shameful or stupid for your actions, rather than attempting to mitigate the impending situation proactively. They'll tell you that you should know better, that you don't know what you're talking about, you don't know how [whatever] works. They'll say you should have done more homework. They do that to draw attention away from the problem--to change the subject, and to make you feel as if you are indeed, totally responsible for anything that they should have been responsible for. They will expect you to just go away with your tail between your legs. But keep in mind, if they did their job 100%, they would not have any reason to become defensive.

Unfortunately, we've seen agents use contemptuous and derogatory terms to describe homebuyers. Bottom feeders, vultures, amateurs, you name it. When that is the operating opinion of a real estate agent, it can manifest itself in the way that an agent behaves towards the people they work with. That might be what happened to you.

[dc1225]

Originally Posted by PhxBuckeye

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'.

Hey wait a minute...didn't you reply to one of those speeding radar threads with "just pay the fine"? if you didn't my apologies...

well lady, just pay the darn fity bucks! life's a beach and then you die!