amy g. Posted March 3, 2016 Share Posted March 3, 2016 I will try to make this short and simple. We are relocating across the country. Dh went to an open house in the fall for a house I would really like to buy. He had follow up questions, but the listing agent never got back to him. During the holidays, I noticed it was off the market. I emailed the listing agent and asked if it was just for the holidays or if I should cross it off my list of potentials. He called me on Jan. 1st. He said that if I wanted the house, he could get it for me, but his listing agreement had expired, and he wasn't sure if it would be renewed. He suggested that if they didn't renew, I could use him as my buyers agent and he would know all of their secrets. I told him I was pretty sure I wasn't going to want to do that. He said he would check with the owners and call me in a week. He never called. My husband sent him an email asking for a status report a few weeks later. No response. Dh mentions to someone at work that he would like to buy the house for me. She lives in the town and promises to find out what is going on for us. Two weeks ago she sends an email that her good friend is the new listing agent. I recognize the name as someone who has been recommended highly to me by others in the area. Dh calls her. They set up a showing. She says that our name is on the list from the former agent saying that he would get the commission if we buy the house since Dh first saw it during his contract period. I agree to use her as our agent for this one house so she can still get paid. Dh sees the house on a Saturday, has the offer written to get sent on Monday. Our agent tells the sellers to expect an offer. They call Sunday night and say they have a cash offer that can close in 10 days. At this point, our agent realizes that they have gone behind her back and also signed with another agent who agreed to represent both them and the cash buyer for a 2% commission. Monday we turn in our offer. The sellers tell our agent they aren't happy with the price and to expect a counter offer first thing this morning. Tonight the owners call our agent and say that we have to cut the first agent out of the deal. She says we can't do that. They admit that the cash buyer doesn't really have the cash. She would have to sell some art first and she just got bitten by a dog and it is too much to deal with right now. Our agent said,"You need to stop talking. I do not represent you." Then she gets an email from the previous listing agent. He has had the counter offer since early this morning. He is "holding it hostage" unless the sellers sign another 12 month exclusive contract with him. Our agent told him she would have to turn the email over to the state board. He said go ahead, he already called them and knows he is in the right. Our agent forwarded the email to her broker. I really can't believe this level of drama. Is it really that hard to buy a house that has been on the market for 2 years and we are the first written offer. Our financing is approved. We did not include a contingency about selling this house first. We agreed to pay above the appraisal. You would think it would be a win/win situation. The only thing that could be worse is if the listing agent threatened to shoot us on sight like when we bought our first house. People never want to take my money! Wahhhh.... Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted March 3, 2016 Share Posted March 3, 2016 How unethical of the first agent. I would file a complaint with the state board. 7 Quote Link to comment Share on other sites More sharing options...
staceyobu Posted March 3, 2016 Share Posted March 3, 2016 Wow. How can the first listing agent get a commission when you purchase a house he no longer represents? That is so odd. Unless this was the most amazing house I had ever seen in my life, I would probably run from the whole deal. 2 Quote Link to comment Share on other sites More sharing options...
Anne in CA Posted March 3, 2016 Share Posted March 3, 2016 The first agent is a JERK. I'm sorry. 3 Quote Link to comment Share on other sites More sharing options...
OneStepAtATime Posted March 3, 2016 Share Posted March 3, 2016 :grouphug: :grouphug: :grouphug: Report him to the state board. If you really, really, really want this house I would consider hiring a lawyer that knows a lot about real estate law just to protect yourselves over the long haul. If there are this many issues already, it might just get a lot worse. 5 Quote Link to comment Share on other sites More sharing options...
amy g. Posted March 3, 2016 Author Share Posted March 3, 2016 That is a great idea. I'll start looking for a lawyer tomorrow. 2 Quote Link to comment Share on other sites More sharing options...
Barb_ Posted March 3, 2016 Share Posted March 3, 2016 We had an agent who lost us a house because he called the other agent a crazy drunk. Another one demanded I bring a coupling for the outside hose faucet to the closing or his buyers would walk. Why must buying a house be like a WWF smackdown? 3 Quote Link to comment Share on other sites More sharing options...
TechWife Posted March 3, 2016 Share Posted March 3, 2016 First agent is a total jerk! The only thing I don't understand is why the agent didn't send your husband's offer in immediately. Maybe it's a regional thing? In our area, offers are written, negotiated and accepted every day of the week, even holidays. When we bought our first house, we made an offer on Memorial Day and it was accepted. Seven years later when we sold it, we received the offer on a Saturday and accepted the offer on the following Monday, Labor Day. 2 Quote Link to comment Share on other sites More sharing options...
StephanieZ Posted March 3, 2016 Share Posted March 3, 2016 OMG, this story sounds as bad as the one my friend lived while selling her deceased mom's house . . . in SOUTH AFRICA. Good grief. I'm so sorry. I agree, get a lawyer. And, call the actual OWNERS if you can. 1 Quote Link to comment Share on other sites More sharing options...
amy g. Posted March 3, 2016 Author Share Posted March 3, 2016 I think the delay was mostly my fault. They wanted me to look over everything before submitting. They emailed one version and I was at the grocery store so they had to wait until I got home. I was driving when they sent the next version. I really don't think the timing mattered though because in the end, the cash buyer is mostly wishful thinking on their part. They would have claimed a competing offer no matter when we submitted ours. 1 Quote Link to comment Share on other sites More sharing options...
Tsuga Posted March 3, 2016 Share Posted March 3, 2016 First agent is a total jerk! The only thing I don't understand is why the agent didn't send your husband's offer in immediately. Maybe it's a regional thing? In our area, offers are written, negotiated and accepted every day of the week, even holidays. When we bought our first house, we made an offer on Memorial Day and it was accepted. Seven years later when we sold it, we received the offer on a Saturday and accepted the offer on the following Monday, Labor Day. Yeah, it's all business all the time here... most of it was conducted Sunday evening since that's when nobody was working. Our agents go to church. So most correspondence from them is Sunday 7 p.m. to 1 a.m. on Monday! Also, every home we offered on had a cash buyer offer. We only got ours because they closed after two days on the market. They had a cash offer but too late. Quote Link to comment Share on other sites More sharing options...
MaeFlowers Posted March 3, 2016 Share Posted March 3, 2016 This isn't just am agent problem. It's a seller problem. Why did they give him the counter? For the reduced commission? And how can he hold it hostage? Either they want to sell it through him or they don't. Is he just trying to cut the new agent out completely? Dh is an agent. There are a lot of really crazy people out there and money only seems to amplify the craziness. 2 Quote Link to comment Share on other sites More sharing options...
amy g. Posted March 3, 2016 Author Share Posted March 3, 2016 If they had a real cash buyer, I'd say,"Too bad for us but good for you. And best of luck in the future." What they really have is a friend of the family who has been saying for 2 years that maybe she will start selling some art and come up with the cash to buy it, but nows not a good time to start because she is feeling overwhelmed. It isn't quite the same thing. The owners are very much the problem. Our offer expires Friday. We will see if they want a bird in the hand or more years of paying for maintainence and upkeep. 3 Quote Link to comment Share on other sites More sharing options...
Pink and Green Mom Posted March 3, 2016 Share Posted March 3, 2016 Ugh. That stinks. If the owners are part of the problem I'd be leery. Jerks rarely keep their houses in good repair, KWIM? They nickel and dime, have shoddy work done, often without regard to codes and rules, etc. And I'm sure I'm stating the obvious, but the "cash buyer waiting in the wings" was obviously a ploy to get you to sweeten your deal. If they are being jerks at this stage imagine what types of jerks they will be throughout the whole process. If it were me, I would rescind my offer and walk away. 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted March 3, 2016 Share Posted March 3, 2016 You must really want this house to put up with so much nonsense!! Good luck and don't trust these sellers! Quote Link to comment Share on other sites More sharing options...
JustEm Posted March 3, 2016 Share Posted March 3, 2016 I would walk away from that house if the sellers are the problem. 2 Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted March 3, 2016 Share Posted March 3, 2016 Can you talk to the crazy-realtor's broker? Let him know about the guy's behavior since your first contact with him, and tell him this deal will fall through unless someone else with more integrity is assigned? I can't imagine his broker would be too happy to know this guy is ruining his company's reputation. 2 Quote Link to comment Share on other sites More sharing options...
amy g. Posted March 3, 2016 Author Share Posted March 3, 2016 I wanted to contact his broker, but it looks online like he is a broker and maybe a one man office. I wish he had a boss to complain to. The quality of the work on the house isn't a concern for us because the owners who are giving us so much trouble inherited the house but have never lived there. The owner who passed away took meticulous care of everything. She was cleaning it out to sell when she passed away. I'll keep you guys posted. It is so convoluted. Quote Link to comment Share on other sites More sharing options...
cera2 Posted March 3, 2016 Share Posted March 3, 2016 If you have not signed a contract with an agent (to represent you as the buyer), and the owners of the house have not signed a contract with an agent (to sell the house, which it sounds like they have not since the old agent wants them to sign with him), I would call the owners of the house directly. They could sell the house to you for sale by owner and eliminate all of the craziness that appears to be going on between the agents. (If either one of you does have a contract with an agent you could consider waiting for it to expire and then completing the sale as a for sale by owner thing) Quote Link to comment Share on other sites More sharing options...
Spryte Posted March 3, 2016 Share Posted March 3, 2016 What a mess. Are you in love with this house? I would consider walking away, at this point. Whatever happens, hoping it works out the way you want! I think an atty is an excellent plan. 2 Quote Link to comment Share on other sites More sharing options...
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