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I put an offer on a home. I had already been working with a Lender whom I switched from to another Lender because they were making mistakes, losing documents, etc.
Back track, when my Realtor sent me the listing of the home, I contacted the listing agent and told her I had a Realtor and had a couple questions regarding the A/C unit. How many tons, etc. The listing agent sent me electricity bills (for like 30.00-60.00 dollars per month, which I knew was probably on a vacant but no worries). LA then told me that they were at the house and I could see it. I said I have a Realtor but we couldn't make it out until that following weekend. She said that is okay, I am already here, you can still come see it. I know the seller so I am here. She also had the sellers bank account information (which she cropped in the photos of the electricity bills) so I assumed she must have known the seller well. So I proceeded on my lunch break to see the home. (I should never have done that, but was naive to home purchasing, etc.)
Later that day my Realtor said that she could go by after I got off work and show the home to my husband since I liked it that much. We saw the home again w/ my husband that same evening with my Realtor. We both Loved it, very much, and agreed on it. The Listing agent sent me a text prior to that us going back, and asked me if I was under contract with my realtor. I wasn't sure why she was inquiring so I didn't respond. She then sent another text a bit later that said never mind. Go see the house again. Apparently my agent contacted her in that time to request a showing. She then then text me again, and said "it was most unprofessional of my realtor to arrive on the scene at this point." So we saw the house and placed the offer. Offer accepted. Went under contract.
There were some delays caused by the lender which caused us to request a small extension. They signed amendment for extension. A few more hiccups from lender again, we needed another extension. Throughout the process the listing agent was very unprofessional. she wrote very mean emails, calling our inspector an idiot, etc. She told me that my agent did not tell her when the inspection was taking place causing the inspector to set the alarm off. Which was not true because I was copied on the email where they scheduled the inspection time.
In regards to closing deadline, My Realtor told me that maybe I should try another lender that close us in 10-14 days so that we could make closing date per contract. So I did. That lender emailed a FHA preapproval to the listing agent. The listing agent then called me angry that she received a preapproval for FHA when I am going conventional and told me that my agent was not looking out for my best interest because it made me look incompetent that they were sending another preapproval again for a loan type I was not doing. LA said that "my team" was ruining this home purchase for me. She called my team names, profanity names, and said that "at this point, the only way she saw this deal taking place was if I terminated my realtor for poor representation and went under a new contract with her as my agent (dual) and she would take my earnest money so I don't lose it off the price of the house. she told me to get preapproved with her lender of choice, to which I did except for a credit pull. Her lender of choice told her my loan was good and he could close it. Listing agent told me that close date was not her nor the sellers concern, they didn't like my team and thought they were incompetent and taking advantage of me and she cared about me and didn't like what she saw being done to me.
I never terminated my realtor, we requested an extension again. To which they responded with this criteria in order to get extension granted: Non refundable additional 1500 earnest money deposit, no option period, 2 week extension, they would take current earnest money off of sale price of home, and a letter from lender stating status, strength of file, and strength of loan. As well, for me to sign a release of earnest money and a re-written contract. we then asked if we could make minor changes. EM non refundable except for if the house didn't appraise to minimum contract price. we would send NEW contract and release of EM, upon execution of new contract with the minor changes. At that point Listing agent became very angry, insulting, called me and my realtor names, said if we didn't stop acting childish they werent signing nothing. That if my realtor didn't stop her line of questioning there would be NO CONTRACT.
I decided to tell my realtor about the solicitation because i knew this was what was happening. I think the LA had a personal vendetta against my realtor from day 1. I don't think they ever planned on signing a new contract. The just wanted me to be the one to terminate a contract, and be the one to release EM. Why not just amend to current contract contingent upon me meeting the new criteria? When I didn't sign the termination and release of EM listing agent became irate. I'm not even entirely sure that the seller even knows what is going on. Why don't they just terminate or send letter to perform, etc.? note: I have not sent termination or release of EM. LA said if I don't do that first they will not do a new contract with us. Contract expired July 2. Appraisal is in order status. Any advice?
Also, I'd like to note: the Listing agent is her own Broker/owner. It seems like no matter how we continue to meet there additional criteria and keep submitting new contracts per their criteria, they find something wrong with it and say no, to Terminate, release EM first, then submit another new contract. I don't feel comfortable releasing all parties from any liabilities because i feel like the LA was maliciously making this hard on us. We did not ask for a ton of time. I have automatic approval loan is going to underwriting if it hasn't already.
LA also threatened to file with TREC on my Realtor.
I would take her up on the offer of NO CONTRACT. I would go as far as reporting her to NAR and your Department of State that regulate brokers for trying to resign you in that double end deal while you had representation. If you sign with her she would get the whole 6% or whatever commission % on the house sale. Sounds like there is a lot if greed. Is there high denim and for the house? She could have higher offers and she's trying to sabotage the deal?
Where is your realtor in all this?
If I had another realtor trying to pull this sort of crap, both my managing broker, as well as in-house counsel, would be all over her like white on rice.
In regards to closing deadline, My Realtor told me that maybe I should try another lender that close us in 10-14 days so that we could make closing date per contract. So I did. That lender emailed a FHA preapproval to the listing agent. The listing agent then called me angry that she received a preapproval for FHA when I am going conventional and told me that my agent was not looking out for my best interest because it made me look incompetent that they were sending another preapproval again for a loan type I was not doing. LA said that "my team" was ruining this home purchase for me. She called my team names, profanity names, and said that "at this point, the only way she saw this deal taking place was if I terminated my realtor for poor representation and went under a new contract with her as my agent (dual) and she would take my earnest money so I don't lose it off the price of the house. she told me to get preapproved with her lender of choice, to which I did except for a credit pull. Her lender of choice told her my loan was good and he could close it. Listing agent told me that close date was not her nor the sellers concern, they didn't like my team and thought they were incompetent and taking advantage of me and she cared about me and didn't like what she saw being done to me.
Quote:
Originally Posted by Electrician4you
I would take her up on the offer of NO CONTRACT. I would go as far as reporting her to NAR and your Department of State that regulate brokers for trying to resign you in that double end deal while you had representation. If you sign with her she would get the whole 6% or whatever commission % on the house sale. Sounds like there is a lot if greed. Is there high denim and for the house? She could have higher offers and she's trying to sabotage the deal?
Total, absolute, complete violation of Realtor ethics -- assuming seller's agent is a member of NAR -- and dishonest any way you look at it, trying to steal the buyer's Reator's client.
Other ethics violations I don't even need to go into, probably including conflict of interest.
Never ever go to a showing without some of your own Realtor's business cards and hand the selling agent the card the first moment you meet them and hand them your Realtor's card and tell them this is who represents you.
I don't know why you have the listing agent continuing to call you.
She is unprofessional, unethical and probably some illegal stuff in there if I could wrap my mind around it all.
I haven't heard of such persistent hysteria and unethical behavior in a long time. Part of it is your allowing her to contact you. Nicely and calmly say you want to remind her you have an agent. Put this in writing so you have some proof, which you might need in the future.
When you have a Buyer's agent representing you, you shouldn't be talking to the listing agent at all--your agent should. I can't quite make out the status of your contract from your post, but at this point you may need to seek legal advice from an experienced real estate attorney to clear this up. Once you have a contract, there is no need to terminate and start anew. Something smells rotten.
But...if your agent hasn't asserted themselves more in all of this, maybe they're part of the problem, too.
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