Escrow closed - new owners threw me out on the street (RE agent, contract)
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All real estate contracts I have seen have a section outlining "possession". That is what has to be complied with. It doesn't have to be common sense. It is outlined specifically in the contract in writing. If you negotiated for 3 more days, then you HAVE to be up at the end of those three days. Again, not common sense, but contract law. If you make a written agreement, you have to comply with that agreement.
I agree that the OP made some serious mistakes and should not have expected her buyers to pick up the slack, but I also fault the realtor -- who was making a profit here -- for not advising her what could happen if she wasn't out by the extension date. The realtor should have known there might be a problem when she got the first extension for the OP, and should have stayed on top of it. If agents are going to call themselves "professionals" then they should act like professionals-- someone who always has the client's best interest in mind even if it calls for a bit of overtime. Particularly so when its obvious that they are dealing with an unsophisticated client.
Sorry..But realtor's responsibilities END when they secure an offer..Legally it really isn't on them. It always goes to the Lawyer who legally is responsible to read the contract ( there's usually a 24-72 hour leeway ) to accept offer AFTER lawyer actually looks at Contract ( weekends and holidays cause such a range).
If one side or the other doesn't use council (Legal Council) that's on them..Realtors agenda is to sell or buy..taking into consideration whatever parameters advised..BUT certainly NOT responsible for client's NOT following Contract..tho some like in this case did what they could to mitigate.. Buyer or seller along with their LEGAL Council are the TOP of the Chain of responsibility.
If OP didn't have legal Council and attempted to do it Lawyer free..Well..Guess what..You get what you paid for..No tick no laundry..Cant blame the realtor for poor decision making
I agree that the OP made some serious mistakes and should not have expected her buyers to pick up the slack, but I also fault the realtor -- who was making a profit here -- for not advising her what could happen if she wasn't out by the extension date.
My guess is that the realtor tried to tell the OP this and it fell on deaf ears
Sorry..But realtor's responsibilities END when they secure an offer..Legally it really isn't on them. It always goes to the Lawyer who legally is responsible to read the contract ( there's usually a 24-72 hour leeway ) to accept offer AFTER lawyer actually looks at Contract ( weekends and holidays cause such a range).
If one side or the other doesn't use council (Legal Council) that's on them..Realtors agenda is to sell or buy..taking into consideration whatever parameters advised..BUT certainly NOT responsible for client's NOT following Contract..tho some like in this case did what they could to mitigate.. Buyer or seller along with their LEGAL Council are the TOP of the Chain of responsibility.
If OP didn't have legal Council and attempted to do it Lawyer free..Well..Guess what..You get what you paid for..No tick no laundry..Cant blame the realtor for poor decision making
Rarely, if ever, does any party to a real estate transaction need to have a Legal Council. One good real estate attorney is usually more than enough.
No, they shouldn't have to. Same could be said for a doctor, accountant, lawyer, etc. But we retain professionals like these to advise us on all relevant concerns, not just those that are beyond common sense (a highly variable standard). If you go to an accountant with questions about your taxes, wouldn't you expect him to take responsibility for you getting your tax return finalized, even if he had to go so far as to explain where to file it?
The OP in this case made the mistake of assuming that it was all being handled for her by the realtor -- particularly after the realtor got the first extension. Maybe that was naïve, but I think the realtor should have known that there was a problem brewing and at least advised her that she was making too many mistaken assumptions about who was responsible for what. It sounds like even after the SHTF, the realtor basically distanced herself and made no effort to help.
Don't we pay realtors enough to expect that they will help keep us from stupid mistakes? If not, then really -- what do we need them for?
Sorry..But realtor's responsibilities END when they secure an offer
Is that right? I'd like to hear some of the realtors on this forum chime in. I've bought and sold a number of homes, and I seem to recall that the agent hung around and rendered services well beyond the making and acceptance of the offer. Last time (in my home state of VA), while the realtor made it clear that she was not an attorney, she did explain and advise us on some of the contract provisions, obtained inspections and repair people, and negotiated post-inspection price adjustments. Maybe they're not legally responsible to do those things, but around these parts most of them do.
My point is that there is no question that the OP brought this upon herself, but the agent in question could have done a bit more to help. Really -- knowing what happened here, would you hire this person to take charge of your home transaction? If I'm going to pay someone 6% of the sale price of my home, I expect them to do more than the bare minimum. For that I can call Redfin.
Last edited by CapnTrips; 07-14-2016 at 03:36 PM..
Rarely, if ever, does any party to a real estate transaction need to have a Legal Council. One good real estate attorney is usually more than enough.
Well..It appears the OP is having some issues..and THAT is what this thread is about.
Sure normally responsible folks can and do abide by the rules..BUT nowhere can any client ( Realtor-wise) claim fault or damages IF the Contract isn't fulfilled..regardless...
So agree 100% it's rare..BUT OP's case..On the hook..No other way to describe it.
I've known many who have sold privately..and were diligent by following the directives and demands of Contracts...BUT OP didn't and want's to blame to Realtor.. WRONG..IF OP didn't know better..so be it..He will gain a valuable lesson!! No more no less..But Ignorance or lack of experience will NOT pull him out from under his Contractual Obligations.. That's mainly my Point!!
Well..It appears the OP is having some issues..and THAT is what this thread is about.
Sure normally responsible folks can and do abide by the rules..BUT nowhere can any client ( Realtor-wise) claim fault or damages IF the Contract isn't fulfilled..regardless...
So agree 100% it's rare..BUT OP's case..On the hook..No other way to describe it.
I've known many who have sold privately..and were diligent by following the directives and demands of Contracts...BUT OP didn't and want's to blame to Realtor.. WRONG..IF OP didn't know better..so be it..He will gain a valuable lesson!! No more no less..But Ignorance or lack of experience will NOT pull him out from under his Contractual Obligations.. That's mainly my Point!!
Ahhh...your point is fine...but you missed the point of my post--which was made in jest.
Once you sell something it's not yours anymore. That cannot possibly be a new concept for anyone who lives in the modern age, and no one should have to explain that to you. Was your realtor also supposed to explain the concept of money to you? Maybe help you understand that the sun isn't gone for good when it sets at night?
It was your house. You sold it to someone else. Now it is their house. You have no more right to live in these strangers' house than you would have to live in any other stranger's house.
Quote:
Originally Posted by jackmichigan
Ahhh...your point is fine...but you missed the point of my post--which was made in jest.
I, for one, found your pun amusing. Wasn't able to rep you, though, because I guess I had already done so too recently.
OP, you are wrong. You failed to move out on time.
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