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Old 03-29-2013, 06:06 AM
 
Location: Cary, NC
43,292 posts, read 77,115,925 times
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Two documents you should consider, whichever is applicable:
  • A signed and completed letter terminating the relationship forwarded to the agent.
  • A completed contract stipulating that you are terminating the relationship.
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Old 03-29-2013, 10:54 AM
 
Location: Baltimore
8,299 posts, read 8,606,493 times
Reputation: 3663
Quote:
Originally Posted by MikeJaquish View Post
Two documents you should consider, whichever is applicable:
  • A signed and completed letter terminating the relationship forwarded to the agent.
  • A completed contract stipulating that you are terminating the relationship.
^^^^ This 100%!!!!
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Old 03-29-2013, 12:43 PM
 
Location: North Idaho
32,650 posts, read 48,040,180 times
Reputation: 78427
Absolutely not. Also, change agents immediately.
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Old 03-29-2013, 03:29 PM
 
Location: Boise, ID
8,046 posts, read 28,478,357 times
Reputation: 9470
I want to make clear here that I am not endorsing this behavior, but I do understand why (from a pure logic viewpoint) they are asking for it.

Sounds like your market is similar to mine, in that houses are once again selling very quickly. If you work during the day or have a spouse you can only catch at night for signatures, by the day after a house comes on the market, the seller has already accepted an offer, and you've missed out. Having signatures ahead of time makes sense if you ignore the legal ramifications of it. That way, the agent can look at the house, send you photos, you can determine a price, and make an offer. Then you look at the house during the inspection period, and if it isn't what you wanted, you can get out of the deal. From a logical standpoint, it makes a great deal of sense, especially for investor buyers, who don't have to "love" the house.

However, it is an unethical business practice, and in many cases, downright illegal. No ethical agent would ever request it, and no buyer should ever agree to it.

But if the agent has requested it, you have another issue. If you can't get signatures back fast, you won't be buying houses in a market like that. Figure out a way to handle this with your new agent. Docusign might be an option.

We have one out of state investor buyer for whom we have written up half a dozen or so contracts over the last few months, emailed them off to the buyer to be signed, and 3 days later, received it back, by which time, the seller has already taken another offer. We've stopped writing offers for them, and told them that until they can get signatures back to us faster, it is a waste of our time to write them. For that buyer, it isn't a problem with timing or availability in getting the signatures, he just can't make up his mind faster than that. He could get us signed docs back in 10 minutes, he just chooses not to, so we choose not to write offers for him anymore.
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Old 03-29-2013, 03:40 PM
 
936 posts, read 2,202,667 times
Reputation: 938
If the buyer is available to be able to tell their agent that they want to place an offer, then they'd also be available to be able to get a signed contract to that agent. With email and faxes, there's no need to have something pre-signed.

If anything, your agent could provide you with a digital copy of the sales contract and have you start to fill out the appropriate fields and make sure that you'd be able to get your digital signature on it, to be ready to place a fast offer. HOWEVER, that digital copy of the contract would remain in YOUR possession. Some buyers don't have the ability to create a digital signature and place it in a PDF document, so that's something that an agent could assist with, before it's needed. But under no circumstances should an agent be requiring you to sign a blank contract and leave it in his possession.
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Old 03-29-2013, 04:19 PM
 
Location: Ocala, FL
6,480 posts, read 10,350,022 times
Reputation: 7920
What's next with the OP's agent, asking for a blank, signed escrow check ?!?!?!
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Old 03-29-2013, 04:23 PM
 
Location: Austin
7,244 posts, read 21,811,238 times
Reputation: 10015
First, with Docusign availability, it's easy to get a client to sign an offer quickly, if the buyer wants to sign quickly. Some drag their feet and lose the house. I do hold blank earnest money checks for many of my clients as they write offers on several homes with the multiple offer situations we have. There is a dollar amount written in, but the "to" is blank until we execute a contract.

Second, don't be freaking the OP out about the "as is" phrase. In Texas, our contracts are "as is". Every single house is sold "as is". However, there is still an opportunity to have inspections, and you can still have financing contingencies as well, and any other contingencies buyers and sellers agree to like selling a current house. But "as is" is the wording of the Texas contract and there is no way around it.
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Old 03-29-2013, 04:27 PM
 
Location: Ocala, FL
6,480 posts, read 10,350,022 times
Reputation: 7920
Florida does offer "As-Is" contracts (with right to inspect) as well, but in a case where a seller is not selling a distressed (short sale/foreclosure) there is a standard contract for sale and purchase. A good example would be if a seller is offering a home warranty.

I do agree with FalconheadWest's comments on the matter.
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Old 03-29-2013, 05:35 PM
 
Location: Funkotron, MA
1,203 posts, read 4,082,578 times
Reputation: 1821
Quote:
Originally Posted by Lacerta View Post
Sounds like your market is similar to mine, in that houses are once again selling very quickly. If you work during the day or have a spouse you can only catch at night for signatures, by the day after a house comes on the market, the seller has already accepted an offer, and you've missed out. Having signatures ahead of time makes sense if you ignore the legal ramifications of it. That way, the agent can look at the house, send you photos, you can determine a price, and make an offer. Then you look at the house during the inspection period, and if it isn't what you wanted, you can get out of the deal. From a logical standpoint, it makes a great deal of sense, especially for investor buyers, who don't have to "love" the house.
Lancerta, I know you're not endorsing this behavior, but I'd like to reiterate that putting an offer in on a house that you haven't actually seen is a bad idea.

When I was looking at houses, there were a few nice ones that popped up that I knew would sell quickly. I'd call my agent and ask to see it after work and tell them there's a good chance I'd make an offer. My agent arranged a viewing on the same day and had paperwork prepared for me to make an offer on the spot. To make an official offer (in MA), it's just a 2 page contract. So your agent asking you to sign a blank contract is pure laziness, IMO.
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Old 03-29-2013, 05:40 PM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
Reputation: 17483
Quote:
Originally Posted by MikeJaquish View Post
Two documents you should consider, whichever is applicable:
  • A signed and completed letter terminating the relationship forwarded to the agent.
  • A completed contract stipulating that you are terminating the relationship.
I second this.

Seriously, you should never have a blank signed contract out there in play. If the agent doesn't know how to use DotLoop, Docusign, E-sign, et al, then they need to pay the monthly fee so that clients can sign easily.

Legally, I have no idea how this agent can do this. Out here if you write in a change after the document is signed that change must be initialed by both parties.
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