Newbie questions about 24/7 caregivers: legal questions, etc.

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<p>Huh? You gave him precisely what he wanted. That’s the exact opposite of tough.</p>

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<p>^^^ PLEASE READ THAT!! It is excellent advice. You may be able to salvage this yet.</p>

<p>But if not, you need to start preparing yourself now to say No as this proceeds. Unfortunately, this guy believes – with justification – that you’ll give him whatever he wants. Start practicing:</p>

<p>If he wants you to pay his closing costs: NO.<br>
If he wants you to throw in $5K for upgrades: NO.<br>
If he wants you to pay his agent’s fee: NO.<br>
If he wants further delays for any reason: NO.</p>

<p>And try to clear your schedule so you can focus on the tasks for the next 5 days. Maybe the girls can get a ride home or a pick-up to that party, maybe DH can take them. Maybe you can skip a day visiting Mom. Maybe you just box the papers in the hutch and sort them another time. Leave yourself time to consider our advice and thoughts. Don’t go headlong into anything unless you have fully considered the ramifications. It’s not “action” of any sort, but “the right actions.”</p>

<p>The realtor just read her email and called me. The “buyer’s” realtor said he has lost interest in the deal. End of story,</p>

<p>Out of respect, later this afternoon/evening I will read ALL the comments with appreciation. </p>

<p>With respect to what I am about to say, please refer to the email from my realtor. I asked her to lower the price in on October 17. You will read her reply.</p>

<p>I do not think she brought a single party to the house the whole month of October. We lost the whole beautiful month of October, a month where a house looks at its best. She was that confident of this buyer.</p>

<p>You know, at times I have been told to “leave things to the professionals, stop trying to do everything for yourself. Don’t say/do too much.” So this is what comes of leaving things to the professionals.</p>

<p>I am meeting her in 15 minutes to sign papers to lower the listing price to $225,000. She said that ALL the realtors will see the price reduction and send customers searching in that price range to see the house. We’ll see. </p>

<p>I will read all the comments, and will be sure to add to my knowledge. Here is the realtor’s email of Oct 17 after I asked her to lower the price:</p>

<p>"Dear C:</p>

<p>I will refresh the listing IF the deal we have negotiated falls through. I am not expecting that to happen in this case. The contracts will probably be returned shortly. We would discuss the condition of the septic with another buyer once we would have interest by another party - and again, only if the current deal does not go through.</p>

<p>So we will keep that on the “back burner” for the moment and wait for (attorney) to advise you about the current contracts.</p>

<p>J</p>

<p>PS

[quote]
If he wants you to pay his closing costs: NO.
If he wants you to throw in $5K for upgrades: NO.
If he wants you to pay his agent’s fee: NO.

[quote]
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<p>I will rework this info and email my attorney to make sure no future contract contains anything like this.</p>

<p>… deleted, sorry</p>

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<p>The problem here wasn’t that you weren’t doing the real estate agent’s job. The problem was that SHE wasn’t doing her job. Your role was to insist that she lower the price and market the property to other buyers; your role was to tell her do her job.</p>

<p>Your agent better have a pretty darned good explanataion, though honestly dont know what she can say that she let this deal slip away. She should have pushed for a signed contract a long time ago. Well, water under the bridge, unfortunately.</p>

<p>Oh dear Dharma, I’m sorry.</p>

<p>Fang is right. Don’t take the wrong lesson from this. The correct lesson is: She didn’t do her job. This should have been a straightforward deal. Her failure to press the buyer, and her failure to keep other potential buyers interested, led to this result. That’s not you, that’s her. </p>

<p>So now you know you may have to “ride” her. Remember, you are the boss.</p>

<p>So. Insist on an immediate action plan. Insist that she do some active marketing this time. Insist that she stay on top of it this time. </p>

<ol>
<li> Lower the price on the listing. It doesn’t need to be lowered a lot, just enough to “refresh” it. Maybe 239, with the goal of getting 225-230. That would be a good ending.</li>
<li> Get an open house scheduled for next weekend. Both days.</li>
<li> Open house every weekend until there’s a signed contract.</li>
<li> Get the house on the weekly realtor’s tour. She’ll know what this means.</li>
<li> Specify a short escrow. Signal to potential buyers that they must be ready to move quickly.</li>
<li> A nibble doesn’t mean she gets to stop working on it. An “eager buyer” doesn’t mean she gets to stop working on it. Insist on active marketing until you have a signed contract.</li>
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<p>Make her earn her money this time.</p>

<p>That buyer was not serious, and demonstrated it over and over. Your Realtor was wearing rose colored glasses and did you a huge disservice. </p>

<p>I would like at this point to make another suggestion: no more negotiation without a written contract. That “buyer” wasted your time. </p>

<p>Someone wants to make an offer?<br>
**Tell the Realtor you will only consider written offers with an earnest money deposit. **</p>

<p>I like LasMa’s suggestions also.</p>

<p>^^ Good one @ no negotiating without a contract. You need to find out right off the bat who’s serious and who’s not.</p>

<p>I can’t even imagine what the explanation of not trying to find other buyers could possibly be. Is this realtor an idiot? She has to know that you don’t have a contract until you have a contract. Dharma, you were at fault for accepting her ridiculous assurances, but she was more at fault for giving them.</p>

<p>How soon is this house going to be empty? I’m wondering if it’s worthwhile to empty the house before doing the price reduction, if it will be empty in a few days. An empty house shows way better than a furnished house.</p>

<p>Gonna add to my list:</p>

<ol>
<li> Insist on a professional staging. Professional. And since the agent should have done this before, and didn’t, I’d insist she pay for it.</li>
</ol>

<p>CF, of course I wonder what you wrote and deleted. I bet it was pretty bad. At least you said “sorry.”</p>

<p>So I signed the papers to lower the price to $225,000. The realtor told me of several real estate web sites buyers go to to search within price ranges and that the house, now in a completely different price range, will attract a whole new pool of buyers. Also, she said a “hot sheet” will go out tomorrow to all the realtors on MLS showing the (big) price reduction. She is rewriting the blurb for the house to reflect the new basement oil tank. She is showing the house to a party tomorrow morning.</p>

<p>I complained that the house was not aggressively marketed in October. She said that the first question potential buyers ask is, Is there an offer on the house? And if the answer is Yes, most frequently the customer will not want to see the house. So obviously, with many realtors, this kept many potential buyers from viewing the house. So why don’t the realtors say, Yes there is an accepted offer, but without a signed contract that means NOTHING. </p>

<p>I commented on the perversity of the “buyer” and she said she has seen this many times, which is as much as a confession that she is a poor realtor for (1) sending me reassurances that things were fine more than once and (2) not showing and marketing the house aggressively in late Sept and all of October.</p>

<p>There will be an open house on Wednesday.</p>

<p>I anticipate reading numerous frustrated and critical comments but I must remind you that for weeks I was dealing with a very stressful oil tank issue; working with a reassuring–I mean REASSURING-- realtor; preparing for my mother’s move to AL on Tuesday (MUCH to do tomorrow and Monday); dealing with my mother’s hearing aids loss and issues with the audiologist; dealing with the confused “Senior Moving Manager”; hectically setting up plans with a new mover; meeting with and working with the Estate Sale managers, which involved “setting up the house” and empying drawers of furniture that will go on sale; dealing with a moaning husband who has had what seems to be an incurable sinus infection for a month (multiple RXs, multiple visits to the MD); and dealing with the non-stop needs of two children. Add to that, the bizarre behavior of my sister–why is she visiting now? Her refusal to help financially with our mother’s money-gap needs (which I must revisit with her now); and my stupid dwelling on the rental car issue, which brought to the surface the fact that for NO reason, I am afraid of BOTH my sister and my mother. </p>

<p>As to why my husband doesn’t bring the girls to Chinese school, he works 7 days a week, at age 62. He lost a high paying job in publishing in 2009 (company went bankrupt) and now earns half as much as he did, supplementing our income with pension funds and freelance projects. He is exhausted. My mother has no idea of how lucky she is. When my husband (if he doesn’t die of exhaustion soon) and I will be living in penury in our old age. </p>

<p>I was on parent duty at Chinese School today, which is demanding and left me depleted, and we had to stop at the NH because repeatedly, over the phone, my mother told me she would give me the list of “what she wants” besides the immense amount that is already boxed and packed. I was so depleted, I took out my notebook and wrote down everything she said she wanted. It was all totally senseless. Thirty paintings, she can incredibly refer specifically to EACH she is that sharp. A myriad of art supplies, described in detail. E.g. a large easel!!! Like a thoughtless robot, I wrote it all down. And very soon she had to go to the bathroom, she goes a million times a day. I escaped, saying we had “covered everything” and left. Because of what I learned here on CC, I realized I could disregard everything she said. I can tell her the director of admissions told me only ten pieces of artwork were allowed because more would be “a fire hazard.” That the recreation director told me that painting was only allowed in the recreation room. She asked for many many things. When my sister is here, I will ask her to call the director and ask if my mother can have more in her room. If the answer is yes, my sister and her friend can deliver what she wants. </p>

<p>Oh yes, I got a call from the director of the AL this morning with completely unknown till now news about many details about the move-in day, e.g., that the movers cannot appear until 1:30 at the earliest! I had them scheduled to meet with me at 8:30 am! News that at least two hours in the morning must be dedicated to an interview with the director and my mother (and me I suppose) for WHAT now? I was on parent duty, which is a commitment, and I am frantically calling the moving company, and luckily there was no problem completely rescheduling the hours for the move. And this involves the gd piano my mother wants my daughter to have which I would like to burn. </p>

<p>Interrupted, just got a call from the NH, a woman asking me if I had been informed that my mother had fallen in the bathroom yesterday. I said no, I was not informed, was she injured, and how did she respond to it psychologically/emotionally? No she was not injured, and she was fine about it. So it begins. Frankly, I am surprised that they accepted her at AL (at level 4 “highest need”); there is a good likelihood they will soon recognize that she is NH material and a whole new chapter will open. </p>

<p>Did I tell you my mother’s monthly rent wlll be $6,799? Unless they have secrets I don’t know of, my sister and her husband are well off. No harm will come to them if they take out a home equity loan. I must reintroduce the idea to her now that the house deal is off. </p>

<p>Look. I will read the critical remarks now. I am pretty smart. But I (and my “artistic” husband) are not THAT smart. Why do you think I come here? Because there are people here who are smarter than I am. And that, I think, is a very smart thing to do. </p>

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<p>I know terminology is different in each region as are the real estate rules, but I just realized why this feels so bizarre to me. In the west, a realtor might call the other realtor to run some ideas by them before writing an offer, but all this back and forth, all the negotiating, that would be presented as written offers and counter offers. Perhaps that does not happen in NY, but wow, it sure feels like Dharma’s realtor got scammed into a big waste of time and energy. Nothing should have been discussed for this past month without a written offer and deposit. That guy was never serious, though I cannot fathom why he wasted everyone’s time given that Dharma agreed to his last request.</p>

<p>I have heard that a furnished house, with the right furnishings, shows better than an empty house. And agree, if you keep this slacker realtor, SHE should pay for the staging.</p>

<p>There was no official (written) offer on the house. She is blowing smoke. A verbal is not a written offer. Oral agreements are not worth the paper they are written on, as they say.</p>

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<p>I’m just shaking my head at this. If she’s seen it before (and all agents have), WHY didn’t she keep marketing the house? Why did she keep patting your head and telling you how “eager” he was? She KNEW you were looking for a quick sale, and she KNEW you were relying on her to get it for you. Epic incompetence.</p>

<p>Dharma, someone yesterday mentioned you might want to have a conversation with the supervising broker. I really think you should. There is absolutely no excuse for this agent’s handling of this. None. While you’re there, ask if you could have a different realtor, since you have no faith in this one.</p>

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<p>What sweet words, dear LasMa.A perfect way to round things up. I have skimmed, but actually I will close down now. I have run out of wine and am drinking beer. Early to bed. I am an early riser, and will be strong and keep going tomorrow. xxxx DW</p>

<p>ps. have to inform my sister first…</p>

<p>OK Dharma. We’ll talk to you tomorrow. </p>

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<p>For sure, a staged house is better than an empty house. But an empty house is almost always better than a house that is furnished normally, with normal stuff around. If stagers are using the owner’s furniture, the first thing they do is remove at least half of it, and every single personal item: clothes, kitchen gadgets, everything stored in closets.</p>

<p>The stagers want the house to look spacious, and the way they make it look spacious is with very little furniture.</p>

<p>(Dharma, the message I deleted was merely advice for you to lower the price. Nothing bad. But since you’d already lowered it, as I found when I read more, I deleted the original message.)</p>