<p>A lawyer gone real estate agent? From bad to worse. Real estate people aren’t exactly known to be the most honest folks around, nor are lawyers. It’s like the guy was born to scam people.</p>
<p>Wow, what cynical people.</p>
<p>Oh come on, I’m just kidding around.</p>
<p>bulletandpima, thank you so much for all the answers. The realtor in question is not my agent, but my buyer’s agent. Do I, as a seller, have any responsibility to verifying that my buyer is working with a licensed agent? </p>
<p>The sales contract does call for mediation/arbitration so it does look like we’ll head down that road as respects the cancelation of the contract. But I’m not sure where I stand or what I need to do about the buyer’s unethical ex-lawyer real estate agent that may or may not be licensed(that doesn’t use the name in business transactions that is on his license, if indeed he has a license). </p>
<p>If you haven’t seen the other thread, the buyer at the very last moment canceled the contract. I had signed all the final papers at the escrow office on Thursday(12/20). While I was signing the escrow officer had advised the buyer’s lender would be sending loan docs that evening(she’d received an email from the bank) & the buyer would most likely sign Friday. </p>
<p>Thursday evening(12/20) I received an email from the buyer’s agent saying that they were very concerned their loan would not be completed by the 12/24 deadline and they suggested I hire an attorney to fortify my position on the house I’m buying(the seller has not wanted to agree to any extensions - but that deal is contingent on the sale of my Oakland house). </p>
<p>Friday(12/21) I received an email that the buyer’s loan would not be done until after 12/24. </p>
<p>Saturday evening(12/22) I received an email saying the buyer was canceling because I had not disclosed the dogs next door “bark constantly”. </p>
<p>We have been in contract for two months, the buyers have asked for repeated extensions & amended the contract providing a “non-refundable deposit” and have even released half the deposit to me. They have spent hours in my house doing inspections & getting estimates for work they want to do - I’d estimate that they have been here over a dozen times for more than an hour(sometimes up to 5 hours) since the contract was signed in October. And just last weekend, they appeared without warning in our backyard without even bothering to ask if they could come in the yard. </p>
<p>I have dogs, the neighbor has dogs. They do not bark “constantly”. In fact the buyer talked to the neighbors who assured her they keep the dogs in at night so they don’t disturb anyone. But the buyer is now saying she came by in the middle of the night and the dogs were barking constantly. </p>
<p>At this point a consultation with a real estate attorney seems like the smartest thing I could do. Now the question is, how does one find a good attorney?</p>
<p>Thanks too for the info on realter and REALTOR. To the best of my knowledge, the buyer’s agent never used the lock box to come to the house. The buyers always called my agent (and for a while, me directly until I screamed enough at my agent to get them to stop). My agent came to the house to let the buyers in for inspections and all the other times they wanted to come measure the floors or have a contractor give them an estimate for something they wanted to do. In fact, the purchase contract was sent to my agent directly from the buyer via her fax not though her agent. Very curious.</p>
<p>I know for VA and NC we use attorneys for settlement. Since you are closing on another home I would contact that settlement company (buyers typically select settlement, thus I would go to the one that you chose for your settlement) If they don’t use attorneys, ask them who they use for legal advice. I do not know about dogs in CA., being classified as a reason to back out of a contract. Not disclosing you have a dog that urinated on the floor could be a reason for backing out, but since they have been at your home they cannot claim we didn’t know.<br>
Go back and look at your listing and sales contracts, somewhere there should state that they are allowed to enter your property…look at it and see if it states that a realtor must be with them, if it does the realtor is in violation,at least in our state they would be, which can be another ethic violation. realtor in VA had their license suspended and fined for leaving a home inspection while the buyers were in the house to buy them coffee…Sellers came home and saw this and filed a complaint. Buyer are not allowed on your property without permission…it’s called trespassing.<br>
Also look back on your sales contract, it should state how long they have to back out…otherwise we inform the buyers if you don’t go to settlement the seller has the right to come after you, typically they won’t b/c it is a hard case to prove, but we tell them that the deposit money won’t be coming back and they can be forced to buy.
As far as you buying your new home, don’t worry if you had CNTG/KO written on the contract your fine (contingent/kick out, in other words you said I will buy it if I sell mine) they can’t come after your money.<br>
I also take it that since you said contract they are fiduciary req. In our state we go CNTG, once inspection is done, home owner docs are reviewed, mtg. letter is submitted you go contract. Contract is if you don’t go to the table you can go into arb. Thus, if that is where you are and they failed to get to the table on the 22nd, I would have your realtor call today and say we are going to arbitration, and get the deposit money …all of it now.<br>
I have had a situation where they kept moving the date back and my client had to have the money to go to their settlement, the minute I told them that I was sending the release funds doc and arb. we were at settlement the next day. Talk to your realtor, they can help you out. If you sold this home on your home, this is why people eventually find out not all realtors are used car salesman and you might need us. If you bought the new one on your own, but they have a realtor, call that realtor for advice, they should be allowed to give advice since their transaction is contingent upon yours.</p>
<p>Hope all of this helps, and again I will say that I am not giving legal advice, I am just speaking of my own personal experiences</p>
<p>Let me get this right, you had no agent at the inspection? As you can see that is a violation. Did their agent show the house after your agent let them in, or did your agent show it?<br>
Are you positive that the buyer is not representing themselves by using a friends license? Again ethic violation to allow it. I would lean this way because neighbors dogs are not in our state a reason for breaking the contract…they could come in with a lame excuse saying you stated the prop is 1/2 acre and it is actually .43 ac, or the fence is encroaching on the neighbor, but unless the HOA has a dog policy or the county has one than I can’t see it being an issue.</p>
<p>Again these are my Own Opinions.</p>
<p>My agent was here for every inspection & when they wanted a contractor to give them an estimate here. The buyer’s agent showed up three times but it was always my agent that let everyone in. (I usually went out with my dogs as the buyer was nervous around dogs though she did meet my dogs and the dogs next door several times)<br>
I do wonder if in fact the buyer is representing themselves and just using this guy’s license - he has really been a non-player in most of the work including talking to the buyer’s lender which my agent has been doing nearly every day for the past couple of weeks. All along I’ve wondered if the buyer’s agent was going to kick back his commission since he was doing so little work on this beyond sending emails that say “I was an attorney”.<br>
I do really appreciate your opinions - it helps me feel confident I’m moving in the right direction. and I do understand these are just your opinions. Thank you so very much. This is difficult, but we’ll get through it. CC again has come through as a source of support and advice.</p>
<p>Not a problem, if you have anymore ? you can PM me. I think your best option is to have your realtor call at 9 am this morning saying she is faxing over the release of funds doc and will be going to arbitration for defaulting on the contract. Have the realtor also state that you will be in touch with the name of your R.E. attorney by the end of business today. If that does not put the fear into them, then truly your only option is to meet with an attorney. If you trust your Realtor, than they should know of at least 2 companies, unfortunately I have had to refer clients who went and sold on their own and got caught in a situation. Another person that might know of a reputable attorney is your mortgage broker…they also get caught in situations too!</p>
<p>One question: You say that the agent represented the your buyer? That’s very odd - are you contracted to pay him a commission? If so, then he is not representing the buyer, but the seller. Most agents, unless specifically named a buyer’s agent and hired by and paid for by the buyer, represent the seller, regardless of who they’re showing the house to. If that’s the case here, I can’t even begin to count the number of violations.</p>
<p>
If you’re paying his commission, he’s working for you and is not a real “buyer’s agent”.</p>
<p>One of your first stops, I think, should be to the Real Estate licensing board (even non-REALTOR real estate agents in most states must be licensed). Call them and give them this guy’s name and let them find his license. Then, if he doesn’t have one, contact the Attorney General’s office in your Oakland and see what they have to say. Better Business Bureau is another way to go.</p>
<p>Good luck, and please keep us posted.</p>
<p>In VA we get our license from DOPR (Dept of Professionals…lawyers, docs, teachers, in essence anyone who holds a license) DOPR verifies the license and you are now a realter. Our real estate board is for members that pay a fee and thus, they are REALTORs. </p>
<p>As far as commissions you need to go and look at the sales contract, it should state who is paying who. In NJ the seller pays their agent and the buyer pays their agent. In VA and NC the seller pays both sides. The premise that the buying agent works for the seller, is something people have problems understanding. First any agent that is employed (C21) or is an independent contractor (ReMax) is receiving the commission from the broker. The seller/buyer is employing the broker. The broker than assigns the agent. The agent is never employed by the client directly, this is also why when someone signs the right to rep, there is typically a clause stating if you are unhappy, you must give x amount of days for the broker to remedy the sit…in other words give you another realtor. Also why the broker signs the docs, b/c the check will be disbursed to them.
As far as the buyer’s agent commission, the commission is listed as a sub agency, the check is disbursed the exact same way…broker than to realtor after fees are removed. We do have fiduciary duties on both sides. When I rep my clients they also have a bill of rights, one is to either accept me as a dual agent or not. Even if I am dual, I am bound by certain things, I can’t discuss how much $$$ they are willing to spend, what their bottom line is, so we are at times walking a tight rope.</p>
<p>BBB in VA and NC would not have any clue, unless the realtor owns their office…we are not a business and do not have a business license.</p>
<p>Our AG would not know also, since we are Realtors we go through our own ethics board and on our right to rep, states that you will go in mediation, it is a civil issue, unless they have violated a civil rights issue I can’t see the state getting involved i.e. red-lining. And even if they did get involved I would assume the AG would go after the office, not the agent.</p>
<p>As always please contact CAR or NAR they will be able to give you the direct answer. Mine are only personal experience and not professional advice(got to CMA)</p>
<p>OakMom:</p>
<p>Did you go here:
[Department</a> of Real Estate Home Page](<a href=“http://www.dre.cahwnet.gov/index.html#]Department”>http://www.dre.cahwnet.gov/index.html#)</p>
<p>I found the names of a couple of brokers simply by looking under the last name.</p>
<p>I do not think the existance of a dog next door would qualify as “discloseable” unless they were dangerous dogs and it was well known that they had killed or injured some one, etc., and even that would be a matter of public record!</p>
<p>An example, does any one know if a homeowner must now disclose the presence of a sex offender in the neighborhood? I do not think so, as that is public record, so why would a dog presence be discloseable? I sense cold-feet and “weaseling” ;)</p>
<p>I spoke with a local real estate attorney this morning. She agrees the dog is not an issue. This is a case of the buyer trying to get out of the contract. She suggested we offer the buyer an extension and if they don’t take the extension and still fuss about dogs, this will go to arbitration. She believes it will cost the buyer more than the money that remains in the escrow account so in the end it will not be worth it for them. She is happy to talk to their agent (but of course for a fee) but feels my agent should easily be able to handle this. I had emailed my agent and asked him to offer an extension this morning before I talked to the attorney. She was not concerned over the agent using a slightly different name on the contract than on his license though it does seem fishy to me.<br>
As for the disclosure of dogs - everything I’ve found points out that one must disclose if dogs or cats have lived in the house, but there is nothing specifically about dogs next door beyond the fact one must disclose noise problems. These dogs are not a noise problem and moved in sometime in October 2007. Its clear to me this is about the buyer’s inability to get the loan.<br>
We’ll see if the buyer really wants to go to arbitration.</p>
<p>Somemom,</p>
<p>In the case of a sex offender, we now have Megan’s law, homeowners are not required to state if they know. However, Realtors must disclose this law, and hand papers to inform how they may locate sex offenders…yes, the buyer must initial this also. It is up to the buyer to make their decision, but there is a set amount of time, they cannot come up on the day of closing and back out.</p>
<p>Oaklandmom I am glad you spoke to an attorney and I hope you feel better. It will work out, unfortunately you need to ride out the storm.</p>
<p>" She was not concerned over the agent using a slightly different name on the contract than on his license though it does seem fishy to me. " I AGREE.
Be careful. Unfortunately, I know first hand about sleazy siblings who try to ride on their successfull brothers’ coattails. There is NO REASON for the agent to be using any name other than their own when obtaining their real Estate license.</p>
<p>Actually when you take the national and state test you must show a picture id., however this would not stop a sibling from fraudently stating they are a realtor if the sibling has a license. It would also explain the fact they do not have a lockbox key and the contract being faxed from the buyer’s home. Quick way to verify is to look for where the contact fax numer is…if its the buyers home then the alarm system should be blaring</p>
<p>Similar story, see real estate help thread.</p>