We’re in the process of buying a house, and we’re dealing with an agent who is without a doubt unprofessional.
We made our first bid and were told to give him 72 hours for a response. He got back to us and verbally "gave us the opportunity to improve" our bid, but insisted we do so in writing within 4 hours. We like the house enough that we did so, though I was ready to walk when I heard his request.
Our bid was accepted, and we have contingencies on satisfactory inspections and disclosure. He has yet to give us the disclosure, and his 72-hour period expires today.
I like the house, but I hate the agent and I hate the way he has been playing us. I’m ready to walk.
Am I being impatient?
Is he being unprofessional?
Can he ask for a higher bid without a written counter-offer?
To whom can I report his conduct?
This agent I have a problem with is a buyer’s agent and is the listing agent for the house we have a contract on. Our seller’s agent is very cautious about this guy and has written the contract so that if he doesn’t produce the disclosure within the period we can walk before inspections without problems, so long as we provide written notice.
We also have a provision in the contract that we can walk for any reason following the inspections, again with written notice.
Basically I’m wondering whether I even want to deal with this buyer’s agent in further negotiations, or if he’s going to pull anything at closing. Thanks for the answers so far.
When the seller countered it should have been in writing on the bid contract, at that time the agent should have met with you both and presented the counter. I have seen it done over the phone done verbally on shows such as "Buy Me" on HGTV so it’s not something new, but usually when you counter you need to resign a contract agreeing to the new bid amount.
It doesn’t sound like he’s being unprofessional but is he a transaction broker? Is he working for both the buyer and the seller? If so then he has limited disclosure to you and to the seller.
If you are unhappy with the service you are getting then you can complain to the agents broker. There should be a Broker in charge of the Real Estate Company, all agents have to work under the broker. If you are working with the broker then the Real Estate Commission is where you’d go next. But you’d need to prove he’s being unprofessional, he might not have received the inspection disclosure and he’s waiting. If you’ve called him a dozen times and he’s failed to return your calls your next step is to contact his broker in charge.
The owner may not have liked your bid and
They can reject it without any other offers , written or not .
You can report it to a million different people but
Nothing will change ( except maybe your fees will increase ) because he’s done nothing illegal .
If you like the house , suck it up or
If you don’t , walk . . .
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No, you aren’t being impatient. Buying/selling property is an important and often very stressful time in a person’s life.
Don’t ever do anything verbally. Verbal is NOT legally binding in real estate transactions. You should have been presented with a written counter-offer from the seller. Without it, how do you know your offer was even presented. Insist upon seeing the paperwork from the other party before you committ to anything. Examine the paperwork carefully and insist upon signatures from the seller. Law requires that you are presented with all paperwork-copies of documents you’ve signed, copies of all documents the seller has signed, etc within 24 hrs. If the seller is out of town, you may need to extend the expiration. However, in your case, 72 hours seems appropriate.
Go to his Managing Broker first. This will be the person listed as the office’s Managing Broker. Explain that you are not comfortable with the agent you’re working with and why. Even though real estate agents are Independent Contractors, they are still required to follow the real estate laws of the state and the individual office policy. It is the Managing Broker’s job to oversee the operation of the agency and the agents’ conduct. If nothing is resolved in how your agent conducts himself or you are not satisfied with if/how the Broker addresses the problem, you can contact your state gov’t. The state is what regulates licensed professionals. Go to your state’s website and look up the link for the licensed professionals department. Consumers can file a complaint through there.
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ur first step is to contact the broker of record for the agency this realtor works for, if you dont get immediate satisfaction and response, by at least getting the disclosures, report this person, agency, and the broker to the real estate commission in ur state capital.
you should have had the disclosures before you signed the first contract.
yes he is being unprofessional, however, if you buy the house in question even if u use another agent he is going to get paid as the "procurring cause"
if u walk what about ur deposit, u probably wont get it back unless the inspections turn up something. \\
you have missed several steps and by signing a contract of sale without disclosures which the realtor should have given u and requested your signature on, it is debatable depending on your state laws if u walk if you will get ur deposit back, if you didnt put a deposit down, no harm, if u did u may play hell getting it back from the realtor’s escrow account.\
make waves a see what happens, normally the broker of record will respond post haste to conclude the sale and satisfy both sides. gl
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Be patient, there is always something better around the corner. If it doesn’t work out you can move on. If you really want the property, hang in there dont let emotions get in the way and stay cool.
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When the seller countered it should have been in writing on the bid contract, at that time the agent should have met with you both and presented the counter. I have seen it done over the phone done verbally on shows such as "Buy Me" on HGTV so it’s not something new, but usually when you counter you need to resign a contract agreeing to the new bid amount.
It doesn’t sound like he’s being unprofessional but is he a transaction broker? Is he working for both the buyer and the seller? If so then he has limited disclosure to you and to the seller.
If you are unhappy with the service you are getting then you can complain to the agents broker. There should be a Broker in charge of the Real Estate Company, all agents have to work under the broker. If you are working with the broker then the Real Estate Commission is where you’d go next. But you’d need to prove he’s being unprofessional, he might not have received the inspection disclosure and he’s waiting. If you’ve called him a dozen times and he’s failed to return your calls your next step is to contact his broker in charge.
References :