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Old 07-01-2013, 11:59 AM
 
2 posts, read 6,259 times
Reputation: 10

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I have reciently sold a home in Washington State and have some concerns regarding the Buying Agent's actions and what steps I should take to address the issue. When my Real Estate Agent (I am the Seller) approached me about early occupancy, I was hesitant, but agreed at a certain $ per day. When my agent approache the buyers agent with my terms, he stated it was outrageous, then complained about mouse poop in the garage (this is farm country) and the potential for the buyers to get sick from it. At that point, and not wanting to take the risk of the buyers backing out, I said no to early occupancy. Unbeknownst to me and my agent, the buying agent went ahead and gave the buyers access to my house, and they moved in. What recourse do I have to recover any money for the "rent" while the house was occupied, and is there anything I can do in relation to the inappropriate actions on the buyers agent?
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Old 07-01-2013, 12:14 PM
 
8,574 posts, read 12,411,457 times
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Report the agent to state's real estate commission. Have your listing agent to do as well.
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Old 07-01-2013, 12:15 PM
 
Location: Ocala, FL
6,478 posts, read 10,350,022 times
Reputation: 7920
Report the agent to their broker. You could talk to an attorney if you felt strongly enough about the situation.

I am not offering legal advice.
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Old 07-01-2013, 12:49 PM
 
4,399 posts, read 10,671,195 times
Reputation: 2383
Quote:
Originally Posted by wsalaska View Post
I have reciently sold a home in Washington State and have some concerns regarding the Buying Agent's actions and what steps I should take to address the issue. When my Real Estate Agent (I am the Seller) approached me about early occupancy, I was hesitant, but agreed at a certain $ per day. When my agent approache the buyers agent with my terms, he stated it was outrageous, then complained about mouse poop in the garage (this is farm country) and the potential for the buyers to get sick from it. At that point, and not wanting to take the risk of the buyers backing out, I said no to early occupancy. Unbeknownst to me and my agent, the buying agent went ahead and gave the buyers access to my house, and they moved in. What recourse do I have to recover any money for the "rent" while the house was occupied, and is there anything I can do in relation to the inappropriate actions on the buyers agent?
You should research the criminal laws in your state. I am betting the agent's actions are criminal, and then call the police of course. The sellers are also trespassing so you can try and get the police involved there as well. This is in addition to the broker and the licensing board. You should sue both the agent and the sellers for the amount of daily rent that you asked for in the first place+legal fees.
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Old 07-01-2013, 12:49 PM
 
Location: Upper East, NY
1,145 posts, read 3,000,452 times
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Reporting the agent will take forever- you do that in parallel.

Have your agent tell the other agent, you don't have a deal; there was never a contract, please move out. And by the way, for the time you have been in, it's your offered rate per day. They never offered their own rate, per your given information, so there is nothing for them to default to.

Their desire to move in and complete the transaction was given away by their enthusiasm to occupy. You won't lose the deal if you take this stance.
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Old 07-01-2013, 01:15 PM
 
Location: Barrington
63,919 posts, read 46,738,058 times
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Quote:
Originally Posted by wsalaska View Post
I have reciently sold a home in Washington State and have some concerns regarding the Buying Agent's actions and what steps I should take to address the issue. When my Real Estate Agent (I am the Seller) approached me about early occupancy, I was hesitant, but agreed at a certain $ per day. When my agent approache the buyers agent with my terms, he stated it was outrageous, then complained about mouse poop in the garage (this is farm country) and the potential for the buyers to get sick from it. At that point, and not wanting to take the risk of the buyers backing out, I said no to early occupancy. Unbeknownst to me and my agent, the buying agent went ahead and gave the buyers access to my house, and they moved in. What recourse do I have to recover any money for the "rent" while the house was occupied, and is there anything I can do in relation to the inappropriate actions on the buyers agent?
When did this happen?
How and when did you become aware of this?
How did the buyer's agent get access?
Are the buyers still squatting or did the sale close?

Whole deal sounds like criminal trespass.
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Old 07-01-2013, 02:06 PM
 
Location: Baltimore
1,757 posts, read 5,138,453 times
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Did it close or is it still under contract?
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Old 07-01-2013, 02:20 PM
 
2 posts, read 6,259 times
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The house finally closed on 26 July. I became aware of the early occupancy when I was signing the closing documents and was presented with the early occupany agreement to sign. They occupied on the 21st and closed on the 26th.
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Old 07-01-2013, 03:14 PM
 
Location: Berkeley Neighborhood, Denver, CO USA
17,711 posts, read 29,823,179 times
Reputation: 33301
Default Move on with your life

Quote:
Originally Posted by wsalaska View Post
They occupied on the 21st and closed on the 26th.
The buyers' agent acted illegally. Whatever. You don't own the house. Relax and move on.
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Old 07-01-2013, 03:21 PM
 
Location: Upper East, NY
1,145 posts, read 3,000,452 times
Reputation: 563
Oh.

Better idea to bring it up on the 26th than now. I assume you didn't sign the early occupancy agreement. If you aren't willing to show up in the local small claims court, you have no legal recourse. You can go after the buyer's agent as directed above for fun and games.
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