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My friend in Texas just sold his house to the person who was renting it. The realtor was told that the last months rent was owed and said it would be included in the closing costs. It was not, and when questioned about it said that the buyer would pay it separately & did not list it. Now the buyer is refusing to pay and the realtor is not very cooperative. What can be done about this since the realtor was the one who made the error. I had picked up some paperwork from the realtor for my friend and had reminded the realtor to include the rent in the closing costs. My friend never agreed to waive the rent money and it appears that the realtor failed to represent his client and believed the buyer.
So then the realtor is off the hook, even if he was told that the rent was owed and failed to include it at closing?
This not the norm. Usually a renter just pays it like they normally do. What was the relationship of the agent ? Since the seller knew the renter, Did the agent represent both parties or just get paid to handle the paperwork ?
Status:
"I didn't do it, nobody saw me"
(set 11 hours ago)
Location: Ocala, FL
6,484 posts, read 10,357,154 times
Reputation: 7925
Was the agreement to pay the last month's rent at closing stipulated in the contract or was it a verbal agreement? Might have to fight it out in small claims court at this point as previously suggested.
So then the realtor is off the hook, even if he was told that the rent was owed and failed to include it at closing?
Yes - realtor is off the hook....they have no liability even if it clearly should have been handled by them. Your remedy is against the tenant....you can be mad at the realtor, it can even be their fault, but its not their legal responsibility.
Yes - realtor is off the hook....they have no liability even if it clearly should have been handled by them. Your remedy is against the tenant....you can be mad at the realtor, it can even be their fault, but its not their legal responsibility.
This ^^^
The agent doesn't have good business practices, but that is different than being legally bound to do something. The agent created an inconvenient situation for the seller of the property and violated their fiduciary duties to their client, the seller, by not following their instructions to include the final rent payment in the contract, but that doesn't change the course of action that the seller has to take.
The seller can file a complaint with the real estate commission but they don't deal in damages just licensing status. The seller still has to take the buyer to small claims to get their money.
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What about the realtor
