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Hello. I have a situation going on and wanted some input from agents in this field. We were supposed to close on a house on monday but it to pushed back because the new septic wasn't installed just yet. The septic failed and in the state of CT (and I am sure in other states as well) the seller needs to install a new one in order to sell the house. Our realtor was working with the listing agent to get the sellers to agree to installing a larger tank because we eventually want to expand the house to a 4 bedroom, and we would pay the difference. They agreed to this. We had a plan drawn up so the septic people knew what we wanted. We wanted to make sure that they put the tank 25 feet away from the home so this way if we wanted to expand out or up, it wouldn't effect the septic. The seller agreed we would pay any difference this would cost him. Well, they installed the septic. I went by yesterday and noticed the tank was only 12 feet away from the home, not the 25 feet we agreed on. It turns out the seller never faxed over the plans showing that we wanted it 25 feet away. The listing agent is too scared to approach the seller about this. My realtor is getting a quote from the septic company to have it moved 12 feet back and is going to present it to the seller. What I want to know it, we signed contracts with this agreement. Can the seller be held liable to make this change? Can he pull out of the deal? I really want the house....so another question. Isn't it the listing agents job to make sure the septic people got the correct info from the seller? She left it up to him and never checked on it, never went past the house to make sure it was getting done right and now doesn't want to approach her client. My realtor says she blames herself for not going to the house while the tank was being installed but they told her it would take 3 days-it took one. she is very upset. she said the listing agent doesn't want to do anything else because she isn't making much money on it but from my understanding, even if she was making a penny on this deal, she works for the seller and she didn't do her job. She should not have taken the listing if she didn't want to do work on it. I want to know should I put in a complaint about her? How do I go about this. I am so upset because we worked hard to make sure they knew what we wanted and they agreed to work with us as long as we paid the difference and now this...they didn't do their part....what do I do?? My realtor said depending on what the seller says when he gets the quote we will call my attorney.
The listing agent is not responsible to force the seller to do something just like your agent can't force you to do something you don't want to do.
The seller has signed an agreement to do the work and if I read your post correctly, is obligated by contract in writing. In TX there are several options if work is not done so you need to read your contracts remedies.
Your best weapon is to have your agent call the other agent and let them know you are not closing until the work is completed as agreed. This usually motivates the seller but that can also make problems.
It all depends on your states contract on resolution of repairs.
Main thing is to (probably) not close till the work is done. Take your time & don't rush the solution.
That's an attorney question. Whatever advice you get here, ignore it. Just go strictly on what your attorney says. For the complaint, contact the local board if you feel one needs to be filed.
My attorney just called-he is waiting to get the map showing the changes from my realtor. He did say it doesn't look good. But I still want to make a complaint against the listing agent. How do I go about doing that? Her whole attitude from the beginning has been "well I am not doing anything because I am not making anything." Where as my realtor has one above and beyond...........
You file complaints with the real estate board, but at least here in Oregon you have to write which state law they violated. From what you described, I don't see a violation (for Oregon laws) but if you want to file ask your agent what regulations the agent may have violated. The contract is between you and the seller. I have represented buyers where sellers didn't do what we agreed to and we just didn't close until it was done.
If it is your contract, it is in the contract and your attorney will help you navigate what you need to do.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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We had a very similar situation recently and unfortunately the case went to mediation. In mediation, all the parties involved ended up agreeing to pay 1/4 of the costs. I ate the 1/4 that my client incurred because my agent was less than diligent (and I guess by law as the broker so was I). In our case the septic tank was actually UNDER the house which had been added on to. It was still very functional and nothing operationally is wrong nor is it a technical violation of the county ordinance in effect at the time it was installed. Somehow our buyer insisted that we should have known the location of the septic tank beforehand, even though it was pumped out before closing.
I also don't see any violations of law, this appears to be a failure of communications. I would suggest a conversation with the LA's broker. I'm always amazed when adults can't take responsibility for their actions, especially when they make a mistake.
My attorney just called-he is waiting to get the map showing the changes from my realtor. He did say it doesn't look good. But I still want to make a complaint against the listing agent. How do I go about doing that? Her whole attitude from the beginning has been "well I am not doing anything because I am not making anything." Where as my realtor has one above and beyond...........
Why does he say that? Was the clause in the contract not specific enough?
As for the listing agent, I don't see that she has violated anything. The local board can help you with that, and if you have questions as to what ethic violation of the NAR rules she may have violated you can ask them to put you in touch with the board's head of that department. They can walk you through the complaint process. You're going to have to be very specific about which article she has violated. I don't see why you're putting so much blame on her. It's not her responsibility to 'make sure' the seller is doing what you've requested. (especially if even your attorney is saying it doesn't look good). It's her responsibility to make sure he is informed of what needs to be done. The whole situation is either a lack of communication OR it's the fault of the seller. Actually, since you were paying for the extra work, it would have been more advantageous for you to have spoken to the contractor or been there yourself.
Not sure about your state, but in Maine you could have an amount put into escrow, close on schedule and release the funds to the seller after you are satisfied that the work is done. Your agent should notify the title company in advance, so this isn't a surprise at the table.
What does the contract say. This is the sort of thing that needs to be carefullly written down as a side agreement which may, or may not, be included in the sales contract.
But to the degree it was not precisely and clearly written down you all get to suffer.
My guess? Someone dropped the ball and nobody was watching.
As in Dmenscha's case the likely outcome is to spread the pain four ways. If not you can sue each other and likely quadruple the pain so you each get to pay the total cost...
Don't count on the fact you can walk...maybe...but maybe not.
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Same old ... Same old
