Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My husband and I have moved to another state. We have placed our attorney for the closing as power of attorney for each of us. Our closing wasn't going to take place on the home we sold for about 6 weeks after the move. Hindsight is 20/20. We didn't hire a landscaping company to keep up the yard for the time until closing. Apparently some hornets built 2 nests on our "overgrown" property and it affected the immediate neighbors. Our attorney hired a professional to "clean up the situation". We were not aware of the situation until I called our attorney on another legal matter. It was at this point I asked how the closing was coming along and he mentioned the yard/hornet situation. Its going to cost us an additional $500 at closing. He is a friendly aquaintance and former neighbor so we didn't make a fuss. I have to wonder though, shouldn't he have contacted us before making this decision? I am troubled by this question and hope he doesn't find a need for any other additional expenses. He is also allowing the buyers to store their belongings in our garage, install carpet, and plant a tree on the property, all before the closing. Does this seem reasonable and am I questioning the situation too much?
Yes, as a former real estate agent, we chose to sell the home on our own without an agent. Noone suggested a landscaper and we really didn't think the six weeks would make such a difference. When we moved the grass was browning due to the heat and there had been such little growth over the last few months. I had hired a professional landscaper to come out before the move and we had hoped for the best.
Unless a spending limit was specified, and you had a pre-settlement occupancy agreement...your attorney should have checked with you...with or without power of attorney. Power of attorney doesn't mean you give all of your authority to your attorney. I have power of attorney for my mother's real estate dealings but that DOES NOT mean I can arbitrarily purchase and sell properties without clearing it with her first.
Also, If anything happens and you don't go to closing, you have to go through the expense of evicting the buyers. Of course they'll be upset over the money they put into a house that isn't theirs yet. Maybe your attorney plans to handle all of that at no charge???
Oh boy..I'm very surprised an attorney would do that. VERY. Does he have something signed that holds you harmless should something happen to the buyers or their belongings? What if they damage your property in the meantime? Come on, you were a Realtor...you know what you would be suggesting to protect your customer, would you be suggesting to them that without proper addendums and protections in place it's ok? Heck no!
And $500? That's a heck of a lot to have the lawn and shrubs manicured and a hornets nest removed.
I'm surprised the attorney doesn't have very much smarts. I would never allow anyone access to my home like that due to liability. What if they get hurt?
I would send a letter saying you'd like to be called about any problems before money is spent. You would have to word it right.
You know we haven't felt comfortable what has transpired but I didn't want to over-react either. It is very awkward for us due to the fact that we were neighbors with our attorney, our kids played with his kids, you get the picture. When my husband suggested using him as our attorney for this matter I knew I should have suggested someone else.
There is a hold-harmless agreement in place but such agreements were always frowned upon and rarely used when I was in the business. The liability issue is cause for concern as well as the condition of our property and use of our utilities. Our attorney felt comfortable with the situation because "the buyers are so excited about the home". That may be true but I know that anything can happen in real estate transactions right up until the very last minute.
I have already contacted the office and stated that there should be no additional monies spent without our verbal approval. Fortunately the closing is coming up quickly and hopefully this will be over soon. It has just really left a bad taste in my mouth, especially when we thought we were putting our "best interest" in the hands of someone who was capable and concerned about serving our best interest. I almost feel as if our attorney is looking out for the buyer's best interest, after all they are moving into the area as we have moved out of state. I really didn't want to make a mountain out of a mole hill or as I said earlier, over-react.
It almost sounds like he is trying to make nice with his new neighbors and really doesn't care about you since you're leaving after all they're the ones he has to live next to from now on.
This is a prime example of why I never do business with friends or neighbors.
You know we haven't felt comfortable what has transpired but I didn't want to over-react either. It is very awkward for us due to the fact that we were neighbors with our attorney, our kids played with his kids, you get the picture. When my husband suggested using him as our attorney for this matter I knew I should have suggested someone else.
There is a hold-harmless agreement in place but such agreements were always frowned upon and rarely used when I was in the business. The liability issue is cause for concern as well as the condition of our property and use of our utilities. Our attorney felt comfortable with the situation because "the buyers are so excited about the home". That may be true but I know that anything can happen in real estate transactions right up until the very last minute.
I have already contacted the office and stated that there should be no additional monies spent without our verbal approval. Fortunately the closing is coming up quickly and hopefully this will be over soon. It has just really left a bad taste in my mouth, especially when we thought we were putting our "best interest" in the hands of someone who was capable and concerned about serving our best interest. I almost feel as if our attorney is looking out for the buyer's best interest, after all they are moving into the area as we have moved out of state. I really didn't want to make a mountain out of a mole hill or as I said earlier, over-react.
Again, thanks for all of the input.
Grin and bear it. And keep your mouth shut. Have your second thoughts before not after.
You trusted this guy and empowered him and he did what he thought correct. RE Agents are nutty about liability and Potential problems. A lawyer feels empowered to fix. I have put together odd arrangements more than once which flew just fine. Gave the broker a mental hernia but that is what brokers are for.
The Attorney never thought twice about spending five hundred bucks to fix your screwup. And you should look at it in the same light. Many Attorneys I know would have billed you a couple of hours at $200 per for the nuisance of having to deal with hornets and land scaping.
It doesn't sound like the attorney is a real estate attorney. I've had customers consult with an attorney and called back with all kinds of worries brought to their attention based on old myth wives tales. I'll ask specifically if they sought out a real estate atty. The answer from those cases were always no.
Now I ask my customers if they are going to consult with an attorney, PLEASE make sure it's a real estate attorney, and a good one.
I've recently sold land to 2 diff. atty's. Neither one versed in real estate. I walked them thru the sale just like any other customer and they acted like any other customer, took my lead, asked the same questions, had the same concerns as average Joe, and it was great.
Any idiot knows you just don't let the excited buyers move their stuff in and you don't freely spend your clients money w/o prior authorization! They've takin' possession and now will need and will have access to the property. I think incompetence fits the bill here.
I would put requests in writing to your atty. and not count on a phone call to make the point. An email or fax would do.
Good luck to closing.
Grin and bear it. And keep your mouth shut. Have your second thoughts before not after.
You trusted this guy and empowered him and he did what he thought correct. RE Agents are nutty about liability and Potential problems. A lawyer feels empowered to fix. I have put together odd arrangements more than once which flew just fine. Gave the broker a mental hernia but that is what brokers are for.
The Attorney never thought twice about spending five hundred bucks to fix your screwup. And you should look at it in the same light. Many Attorneys I know would have billed you a couple of hours at $200 per for the nuisance of having to deal with hornets and land scaping.
Grin and bear it. And keep your mouth shut. Have your second thoughts before not after.
You trusted this guy and empowered him and he did what he thought correct. RE Agents are nutty about liability and Potential problems. A lawyer feels empowered to fix. I have put together odd arrangements more than once which flew just fine. Gave the broker a mental hernia but that is what brokers are for.
The Attorney never thought twice about spending five hundred bucks to fix your screwup. And you should look at it in the same light. Many Attorneys I know would have billed you a couple of hours at $200 per for the nuisance of having to deal with hornets and land scaping.
Now go forth and quit your bellyaching.
That was certainly uncalled for, there surely has to be a more civil way to pass on your ideas don't you think?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Thank you for the input
