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I viewed a property that was on the market for over a year (the previous owner had died, and a sibling was selling it) with my buyer's realtor, but didn't act on it in time. It later went under contract and closed. At that point, I sent a note to the buyer - as I sometimes do - asking to be notified if it went up for sale again. That new owner died a few months later, and now yet another sibling is selling it, found my note, and contacted me, proposing a private sale. Two questions: am I obligated to notify/use/pay my (former) realtor who initially showed me the house, and b) is the now-seller required to disclose whether or not the deceased owner - or anyone else - died inside the house (I believe that it is in a formal real estate transaction), or do either of these situations vary by state? Thank you.
I viewed a property that was on the market for over a year (the previous owner had died, and a sibling was selling it) with my buyer's realtor, but didn't act on it in time. It later went under contract and closed. At that point, I sent a note to the buyer - as I sometimes do - asking to be notified if it went up for sale again. That new owner died less than a year later, and now yet another sibling is selling it, found my note, and contacted me, proposing a private sale. Two questions: am I obligated to notify/use/pay my (former) realtor who initially showed me the house, and b) is the now-seller required to disclose whether or not the deceased owner - or anyone else - died inside the house (I believe that it is in a formal real estate transaction), or do either of these situations vary by state? Thank you.
The first part would depend on your buyer's agency agreement, although I highly doubt that it would extend for a year.
The first part would depend on your buyer's agency agreement, although I highly doubt that it would extend for a year.
The second part is state-specific.
The property was on the market for over a year before it sold. I viewed it under a year ago. And I never signed anything with this agent; she's just been showing me houses. According to my research, sellers in this state are not required to volunteer that information on disclosures, but cannot lie or misrepresent if directly asked by a potential buyer. Would the same law that applies to realtors also apply to private sellers in this case? It's a little awkward since it's his sibling I'd be asking about (I located the obit online, but cause and place of death isn't given). Is there any other way to determine this? Also, does the property sound cursed? (just half-kidding on that last one)
Last edited by otterhere; 12-09-2019 at 12:09 PM..
The property was on the market for over a year before it sold. I viewed it under a year ago. And I never signed anything with this agent; she's just been showing me houses. According to my research, sellers in this state are not required to volunteer that information on disclosures, but cannot lie or misrepresent if directly asked by a potential buyer. Would the same law that applies to realtors also apply to private sellers in this case? It's a little awkward since it's his sibling I'd be asking about (I located the obit online, but cause and place of death isn't given). Is there any other way to determine this? Also, does the property sound cursed? (just half-kidding on that last one)
It sounds like it's located in an area with an elderly population. personally, I wouldn't care one way or the other and it just seems like a question that would start a transaction off on the wrong foot.
As for the agent, it sounds like you're not OBLIGATED to pay out, nor did they really do anything to keep you in the game on this property. Maybe a gift certificate or something as a thank you, along with some referrals?
It sounds like it's located in an area with an elderly population. personally, I wouldn't care one way or the other and it just seems like a question that would start a transaction off on the wrong foot.
As for the agent, it sounds like you're not OBLIGATED to pay out, nor did they really do anything to keep you in the game on this property. Maybe a gift certificate or something as a thank you, along with some referrals?
Both deceased owners were middle-aged; not elderly. I've heard that the first was a drug addict, and the second MAY have committed suicide, or at least a related site popped up in my Google search of the name. Despite the depressing history, it doesn't seem to be a bad neighborhood.
I know that when one realtor has shown you a property, you can't then buy it under another realtor without there being some legal issue re: the commission? So I wasn't sure in the case of a FSBO. Those sound like good suggestions.
the property changed hands, so was no longer owned by the same Seller.
you don't legally "owe" that agent anything. it does sound like they worked with you quite a bit but you never wound up buying anything. Then it becomes your own moral compass as to whether they did enough to get anything then or RECENTLY beyond a "hey, weird thing - that house we saw a year ago that sold. the new owners answered a letter of mine willing to do a private sale. Sorry we couldn't ever find a house together, but I'm buying that house without you."
the property changed hands, so was no longer owned by the same Seller.
you don't legally "owe" that agent anything. it does sound like they worked with you quite a bit but you never wound up buying anything. Then it becomes your own moral compass as to whether they did enough to get anything then or RECENTLY beyond a "hey, weird thing - that house we saw a year ago that sold. the new owners answered a letter of mine willing to do a private sale. Sorry we couldn't ever find a house together, but I'm buying that house without you."
as to disclosure, that'll be state-specific.
I still think a few referrals or a “thanks for trying” gift would be the right thing in this place - assuming g of course, they didn’t botch things and cost the buyer the home in the first place.
It is a FSBO for sale by a different owner. So there is no relationship between the two times on the market.
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