HAPPY HAPPY JOY JOY

[GerardC]

</font><font color="blue" class="small">( And now for "The rest of the story"..... /forums/images/graemlins/tongue.gif /forums/images/graemlins/crazy.gif

The "other offer" is family of the agent listing the place. /forums/images/graemlins/shocked.gif That's going to be tough to overcome. /forums/images/graemlins/mad.gif

OUR agent works for another real estate company. He's conveyed our final offer to the listing agency. I offered $7500 MORE THAN asking price. I figure that's ALL the place is worth. I WANT the place bad, but I'm a businessman....There is a limit. /forums/images/graemlins/smirk.gif No sense in paying way more than the property is worth. /forums/images/graemlins/tongue.gif

We WILL be notifying the state reality board IF our offer isn't taken, and the place sells for LESS than our final offer. /forums/images/graemlins/mad.gif

Somehow, the lustre has worn off in 24 hours. I still LOVE the place, but I'm not getting into a legal battle in order to pay out a relatively large sum of money.....Just doesn't make much sense. /forums/images/graemlins/grin.gif /forums/images/graemlins/shocked.gif

Stay tuned..... /forums/images/graemlins/grin.gif )</font>

It isn't always the butler now is it /forums/images/graemlins/blush.gif. This could be a tricky situation with the other parties being related.
My best advice to you is to just follow your gut feeling, but you seem to already know that. Good luck. Gerard

 

[jfdlaw]

Indy, I'm a Real Estate Attorney here in NY (Yes we use attorneys to do what most of the country does with title insurance companies). Here the Realtor is under an obligation to present all offers (at least until the seller has accepted an offer and is locked into a binding contract). I can't imagine it is different anywhere else in our country.

Ask your Realtor if your offer has been presented to the seller. If it hasn't, the time to make the complaint, or better yet a call to the listing Realtor's managing Broker threatening the complaint, is NOW.

Waiting until the house is sold to file a complaint won't get you anything. It probably won't even get the listing Realtor punished since his obligation is to the seller, and if the seller is happy, there is little chance anyone will do anything to the Realtor.

Good luck. Don't let the fervor of the situation drive you to pay to much for the property. The auction atmosphere and the drive to win at all costs often causes people to spend too much, . . . and later regret it.

John

 

[Indydirtfarmer]

I decided after reading your post, to "make the call". I called the realtor that is/was listing the property. I got a bunch of excuses, several vieled threats, and a straight up lie. /forums/images/graemlins/shocked.gif

I'm calling a "friend" in the Kentucky Governors office.... /forums/images/graemlins/smirk.gif

I was told that the place is sold. Supposedly, it was "closed on" several days ago. (When I talked with the agent listing the property on Sunday, no mention was made of even so much as a pending sale) I was told that MY agent didn't contact their office at all. (I was standing next to him while they talked on the phone yesterday) And the final excuse is they're saying I didn't sound serious....(I offered to write them a check on Sunday....How much more serious can one get?) /forums/images/graemlins/mad.gif /forums/images/graemlins/crazy.gif

I was told that should I "make waves", I'll not be able to find an agent with-in 100 miles that'll work with me. /forums/images/graemlins/shocked.gif /forums/images/graemlins/mad.gif

And the final injustice???? I was told that the "buyer" isn't at all related to the agent....
/forums/images/graemlins/confused.gif
IT'S HIS OWN SON.............................. /forums/images/graemlins/shocked.gif /forums/images/graemlins/mad.gif /forums/images/graemlins/crazy.gif

Looks like the sale is off from my standpoint. But the WAR is just beginning. /forums/images/graemlins/mad.gif

 

[Varmintmist]

Hmmmm, are not all realtor upstanding citizens that give candy to babes after buying it with their last dime, going hungry themselves??????? /forums/images/graemlins/shocked.gif /forums/images/graemlins/shocked.gif /forums/images/graemlins/shocked.gif

I just cant believe that a realtor would hose someone /forums/images/graemlins/shocked.gif /forums/images/graemlins/shocked.gif /forums/images/graemlins/shocked.gif

With tounge planted firmly in cheek, go get em indy /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

 

[shoppintractors]

If the 'Seller' excluded his 'Son' from the listing agreement the Realtor could come up empty handed also.....

jfdlaw, Thanks for contributing from your 'field' of expertise! /forums/images/graemlins/wink.gif

Don

 

[Henro]

Don,

I think Indy meant it was the real estate agent's son...that is in line to buy the property...

That is the impression I got anyway. /forums/images/graemlins/crazy.gif

 

[Indydirtfarmer]

Henro gets 10 bonus points! /forums/images/graemlins/grin.gif

 

[riptides]

Man,

</font><font color="blue" class="small">( I called the realtor that is/was listing the property. I got a bunch of excuses, )</font>

I'd walk away from this....

</font><font color="blue" class="small">(
several vieled threats,)</font>

I'd still walk away from this........

</font><font color="blue" class="small">(
and a straight up lie. )</font>

Nope, I walked about as far as I could go, that LIE along with the rest of the BS lobbed at you, would force me. IMHO to go get some legal advise and examine their business practices.


Good luck.

-Mike Z. /forums/images/graemlins/grin.gif

 

[getut]

Indy... I really feel for you. Of the many unlikeable sub-species that I have Realtors are another. My wife and I deal with them on a daily basis with our (my wifes) side business. We do real estate guides and more than once we have toyed with the idea of expanding into FSBO (For Sale By Owner, pronounced in the industry as fizz-bo).

We have been told in no uncertain terms that all advertising y realtors would cease if we or any other place did that. That is the epitome of "dirty:. I know there are some of you out there that may look at that and say.. well, their protecting their income source. It doesn't matter... the tactic is hard to prove in court, but it is ILLEGAL and just down right dirty. It is a monopolistic practice and is illegal in every state though it can hardly ever be proven.

The moral state of people this day and time is reprehensible. I know I'm painting with a large brush, but there ARE entire professions that seem to elicit or encourage very bad morals.... Real estate is one of them. Ones morals are not meant to be compromised under ANY circumstances. They should NOT be negotiable.
Yours is another of those circumstances where I would go VERY FAR out of my way, even at personal expense, to expose their little ruse and bring a stop to it.

 

[Henro]

<font color="blue"> Of the many unlikeable sub-species that I have Realtors are another. </font>

I suggest we beat this dog another time and another place... /forums/images/graemlins/frown.gif

Personally, I think it would be better to focus on what might help Indy in this situation.

Let's keep it on the positive side (except maybe with respect to that ONE realtor in question).

Otherwise, we all know what will happen when this thread starts downhill...POOF...WHAT THREAD????...been there...don't like that... /forums/images/graemlins/tongue.gif

 

[jfdlaw]

Indy,

I've seen it a hundred times. Leaves a bad taste in your mouth.

If the property is actually sold (and you should be able to check with the County Clerk or County Court to see if a deed's been recorded) take a week or so and cool off. Then decide if you really want to spend the time and effort going after the listing Realtor.

Remember that his duty is to the seller. The listing Realtor is commonly under a duty to the seller to present all offers (although it sounds like you never made a written offer). His failure to do that would be a violation of his duty to the seller, and the seller would be the only one with a meaningful complaint. I doubt much will happen unless the seller complains.

My point is that while what he did may be wrong, I doubt you (as the potential buyer) will be able to do much about it. Charging at windmills is expensive; it consumes time, effort and legal fees. Look at it as a business decision. Is the time, energy and expense going to get you a reasonable return? Usually not.

I wonder if the seller knows you exist. A call to the seller may put the Realtor in a position where he has to defend his actions to the person who will pay his commission. (Money talks) If the transaction hasn't closed, it may give you an opportunity. Usually the seller's name and address is available at the local tax assessor's office.

Legal Disclaimer: (we get sued too) I am only admitted to practice law in New York. I am not licensed to give legal advice in any other state. The advice I give here in this forum is tractor enthusiast to tractor enthusiast and not intended to be legal advice. It is usually worth what you paid for it. . . . Nothing. Any questions, contact your own attorney.

PS - just saw the posts on Realtors. I do not share your low opinions of Realtors. There are bad Realtors just like there are bad doctors, dentists, tractor dealers, insurance salesmen, attorneys, teachers, preachers and everyother profession or line of work. However, most are good people who make far less profit and work far more hours than you assume.

 

[Moon]

</font><font color="blue" class="small">( I wonder if the seller knows you exist. A call to the seller may put the Realtor in a position where he has to defend his actions to the person who will pay his commission. (Money talks) If the transaction hasn't closed, it may give you an opportunity. Usually the seller's name and address is available at the local tax assessor's office.
)</font>

What a good idea. Wouldn't it be great if this worked out and because of the bozo agent you and the seller could make a deal leaving out the slimeball.

Good luck,
Moon of Ohio

 

[MicroPilot]

</font><font color="blue" class="small">( ...And the final injustice???? I was told that the "buyer" isn't at all related to the agent....
/forums/images/graemlins/confused.gif
IT'S HIS OWN SON.............................. /forums/images/graemlins/shocked.gif /forums/images/graemlins/mad.gif /forums/images/graemlins/crazy.gif

Looks like the sale is off from my standpoint. But the WAR is just beginning. /forums/images/graemlins/mad.gif )</font>

Licensed realtors have a "code of conduct" that they are supposed to observe. One of the codes is "conflict of interest". I would say that the buyer being the realtors son is such a conflict. You might want to contact the realtor licensing board and get some advice on how to handle this. I'm surprised your realtor hasn't talked to you about this in these terms.

 

[2nstonge]

Indy,

At this point you've got nothing to lose by contacting the seller directly. If time is of the essence simply 'stop by' and introduce yourself. If they haven't signed an offer sheet - or a purchase & sale contract - they're free to entertain your offer. At the very least you could be in position as a solid back-up buyer.

Things happen, I know, I sold my house near Boston this past fall to move to Vermont and the first 2 deals fell through. I never stopped showing my house until a couple of days before the closing 'just in case'.

In either event, it sounds like the seller may have a serious issue with his realtor and would probably appreciate knowing about it even if your offer goes no-where.

-Norm

 

[Indydirtfarmer]

First off, I (try to) judge each and every person, business transaction, and life experience on it's own merits. I hold no grudge against the realtors of the world, just this ONE /forums/images/graemlins/mad.gif

The "seller" now knows me very well. I just left their home. I figured that with a real estate sign in their yard, they would be used to people in their driveway. /forums/images/graemlins/smirk.gif

It seems that they have their own list of complaints with the realtor. Not least of which is his failure to give my offer any notice when the closing took place this morning. NOTHING I can do at this point. /forums/images/graemlins/tongue.gif

I'm not going to throw good money at this by spending a fortune on legal fees, just to prove a point. What I AM going to do is make myself readily available when the seller lodges a formal complaint with the Kentucky Board of Realtors. /forums/images/graemlins/wink.gif

Oh well..... We'll keep looking. Some things are not meant to be. /forums/images/graemlins/crazy.gif /forums/images/graemlins/tongue.gif /forums/images/graemlins/frown.gif

 

[jfdlaw]

Indy,

I think you have the right attitude and are taking a realistic approach.

Clarification: my PS about Realtors was not in response to anything Indy said, it was in response to the subsequent posts running down Realtors in general. I don't think its fair to run down a whole profession or class or category of people.

Things happen for a reason. A few years ago my wife and I had found our "dream house". . . and lost it. A year later we were better prepared and a property nicer than we ever imagined came on the market. We never give that first "dream house" another thought.

Good luck with your quest.

John

 

[getut]

jfdlaw and all...

Please forgive me about my posts of Real Estate agents and please allow me this one last off topic on the issue. I cannot deny that I do believe that certain professions are much more likely to be influenced by corruption. I also cannot deny that I feel that Real Estate is one of those professions. With that in mind I also am not pig headed enough to believe that EVERYONE in that or every other profession is taken in by that corruption.. there are always bright spots and I applaud those people.

My statement was much more general than it was taken. It is no different than people saying things about lawyers or politicians (again both sore spots with me), but both have tremendous examples of good people. It is just that the profession in general brings about those feelings in people. This quote is the "gist" of my statement </font><font color="blue" class="small">( but there ARE entire professions that seem to elicit or encourage very bad morals)</font>, NOT that I believe every single person in that profession is bad.

 

[DannyD]

one agent may submit several offers at one time. lots of things can go wrong with an offer, financing etc. makes sense to have a backup.

 

[DannyD]

sounds like fun, watching the listing agent get his butt out of the ringer. I would make all the waves I can, and then make sure the owner knows you made an offer that he may not have seen..............

do you know if your offer is the better of the 2. Cash does speak loud also. show me a guy with cash and a guy that might get financed and I will take the cash, unless it is silly low.