HAPPY HAPPY JOY JOY

[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

 

[getut]

Respectfully Henro.. not everything is positive. I think my post was on topic and offered support to Indy and even suggested that he pursue this to get it stopped.

With the exception of being positive, I met all the objectives in your post. There always seems to be the unspoken feeling that for communication between people to be considered "good" that everyone must be happily in agreement. That isn't the case.

When people discuss something for the heck of it, it is smalltalk. For it to become real discussion there must either be people who feel strongly about the topic or people who are extremely knowledgeable in the topic. I enjoy participating in threads where the topic is strong or technical but not so much the smalltalk threads. I can occassionally add some humor to those, but I feel the real meat of this site is the "heavier" discussion and technical threads.

Now I have went off topic. To finish up. GO GETUM INDY!

Threaten to go FSBO and that you don't need no stinkin' realtor anyway and you'll enjoy reading in the paper how he is going to defend himself!

 

[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.