Home Buying in 32812>Question Details

Morganna1980, Home Buyer in 32812

An Agent misrepresented herself as a listing agent & lied stating our offer had been accepted, what can I do?

Asked by Morganna1980, 32812 Fri Feb 10, 2012

My husband and I saw this house and called the agent number on the sign, we gave a verbal offer and was told it was accepted. We met the next day to sign all the paperwork. She told us that she was the listing agent and she had already talked to the asset manager and there were no issues, we had won the house. She continued to reinerate that she was the listing agent on this house, as she complained about writing up the deal. I get a phone call the next evening telling me she had never submitted the offer and another offer was accepted at 4:00 pm on the house.
This is all in three days. I Call the broker office to file a complaint because she never submitted our offer only to find out that she no longer worked for them and hasn't worked for them in some time, the house was not her listing and basically we were duped.
In all we lost the house we desperatly wanted, the listing office isn't offering any advice or help, and the other "agent" thinks she got away with it all. What can I do

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First, with bank owned homes there is a real chance it will be available again, so don't let go. I've sold hundreds++ for wells fargo and freddiemac, so believe me, until it is closed there is a chance to bid on it and get it again. Secondly, just call the dept of real estate and inquire about the agent and decide from there what you deem is best. Personally, that kind of behavior is bad for business, but on the other hand people sometimes lose loved ones or something very tragic could have happened in their lives and those individuals can be coping with tremendous hurt and pain by trying to work, but really just participating in work and going through the motions not really trying to hurt anyone. That being said, I would still be mad as a hornet if that happened to me.... Sorry to hear that, but stick in there with that house until you know its really done...
0 votes Thank Flag Link Sun Jan 5, 2014
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0 votes Thank Flag Link Sat Apr 13, 2013
I know it is quite difficult to see the home you like being sold under you, especially due to your agent incompetence.
If I was you - I would not give up on the property yet. Most of the time, with bank owned properties, they ask for highest and best offer, a lot of times transactions don't close for many reasons - maybe the current highest bidder will change his mind...
Find reliable agent in your area to find out all and everything about this property and transaction - maybe the seller is still waiting for more offers. Ask the agent to monitor the transaction and if it comes back on the market put an offer right away. Another option is to put a "back up contract" .
If nothing of said above works and someone else buys the house - it is a "sign" that this property was not for you despite the fact your were misrepresented in the first place. YOUR HOME is out there waiting for you to walk into it.

Let me know if my comment was helpful to you.

Best luck!
Iliana Ivanova P.A.
Riverview Realty
0 votes Thank Flag Link Fri Feb 17, 2012
Morganna, what do you want to accomplish here?

Apparently, the agent self-destructed and took herself out of the industry. The brokerage no longer has her as an agent . . . in most cases like this, the client is screaming at the brokerage to fire the agent!

So, what do you want to have happen?
0 votes Thank Flag Link Fri Feb 10, 2012
Morganna, you've made the best argument of the day on why buyers should go and find a buyer's agent, to represent them in the transaction rather than the seller. I agree with the others below - find someone honest, who is looking to not only hear what you are saying - but what you are not saying, and who will operate at your pace. Moreover, go ahead and do so now... without hesitation. There's always the possibility that this deal will fall through, and that you may be able to swoop in and snap it up. You will need to be very upfront with any agent that gets involved with this - it's quite possible for commission disputes to arise.
0 votes Thank Flag Link Fri Feb 10, 2012
Quite sad.
I would file a complaint witn the Real Estate Commission and sue her, you may be entitled to damages from a fund established for this sort of thing.
Also, contact a lawyer.
But realize, you wewre not guaranteed the house even if you did "win" beciase the bank alwasy reserves the riuvght to back out of a deal. Those are terms they get we dont.
Interview your next agent and check references. There are a fair number of good agents like those here responding to your sad issue.

Good Luck

Kevin Cloutier
Southern Premier Realty
Cape Coral, FL
0 votes Thank Flag Link Fri Feb 10, 2012
What a sad represntation of our industry. I am so sorry that you had that experience. The advice so far has been great - I would only disagree with one agent that a listing agent can and should be objective if representing both sides. And, in fact is required by law not to disclose anything that you have shared with them unless they have your permission.

I would definitely suggest conacting the local board as suggested before at http://www.orlrealtor.com but i would also suggest taking it a step further and contacting FREC at http://www.myfloridalicense.com/dbpr/contact.html to file a complaint.

If you are still in the market to buy, I work in the Belle Isle and Conway areas exclusively and would love to help. You can see my client's feedback at http://www.CarasFeedback.com to see what other people have said about my service. It is important to find a professional full time agent to help you.

Cara Read
Keller Williams at the Parks
407-421-2033 cell
0 votes Thank Flag Link Fri Feb 10, 2012
Although FREC (florida real estate commission) is the government entity that real estate licensees fall under DBPR is the enforcement agency. Google DBPR or go tp myflorida.com and look for file a complaint.

Sounds to me that she worked for the company but has moved for who knows why and the company hasn't changed their signs to reflect this or her sign riders are still out there.

That's why I always say its best to have a buyers agent and never deal with the listing agent or company of the home you are interested in.

For instants today a realtor you can answer questions about a property as quickly as the listing agent with their smart phone.

Hope this helps,

Dave Lowe, real estate broker
Web Reference: http://OrlandoHomeStore.com
0 votes Thank Flag Link Fri Feb 10, 2012

If things are as you have outlined, there are some very serious implications for the lack of good judgement used by the agent. In situations such as these, it is always best to check and double check your information to be sure it is accurate before taking your next move. Keep in mind that there could be more to this than meets the eye.

This is the type of action that should be brought to the attention of the local board of realtors. After confirming your information, contact the local board of realtors and inquire about filing an ethics violation. You may find that her former broker has already taken steps to report this misconduct.

The board of realtors representative will advise you on how to proceed.

Good luck,

0 votes Thank Flag Link Fri Feb 10, 2012
I agree with Lenee! Look here on Trulia, or get a referral from a trusted friend. You don't have to stop at one, you can interview a few. When you meet with them, or speak with them by phone, ask them if they are willing to do their research based on what YOU want, send you listings, take you to see properties, pull comparable sales and current listings in any neighborhood you are looking BEFORE submitting offers, actually SUBMIT offers, negotiate and your behalf, and then see you through to closing. That is THE best way to purchase a home - and you are not asking for the moon when you request these items.

Also, be sure to ask them if they have a showing "limit" on the number of homes they will show you. Of course you will preview most online, weed through them, and then ask your agent to make appointments for the ones you have interest in. Steer clear of the "I'll show you 3" agents. You should see as many as you need until you find the "one". Your agent will discuss realistic expectations with you, and will prove her position by showing you comparables.

I'm sorry you did not get this home. However, as I have been doing this for 18 years, I've seen people lose homes - get upset, only to ALWAYS find one that is better!!

Good luck to you!
Lisa M. Brodeur
Alliance Realty Florida
(954) 868-1416
0 votes Thank Flag Link Fri Feb 10, 2012
You might want to find an agent you like and trust. Your best bet is to only work with one agent who will guide you in the buying process. That way the agent is only looking out for you.

Devi Pokhoy
0 votes Thank Flag Link Fri Feb 10, 2012
I'm sorry this happened to you! Sometimes one bad apple can taint your home buying experience, but please don't get discouraged. While there is probably nothing you can do to obtain the home you really wanted (unless the current contract falls through), there are means for filing a complaint. If they are a member of the local board in Orlando (ORRA), you may find more info to pursue filing a complaint at http://orlrealtor.com

The best thing you can do going forward is to find a local agent to represent you. Buyers often think they can get a better deal if they go directly to the listing agent, when in fact, this is not the case at all. Anything you say to a listing agent can be shared with the seller and it can sometimes be conflict of interest between the parties. Find an agent who will work solely with you to protect your best interest. I would be happy to assist you in your home search. Feel free to call me directly at 352-552-5622 if you would like to learn more about me and how I successfully help buyers find their dream homes!
Web Reference: http://LeneeK.com
0 votes Thank Flag Link Fri Feb 10, 2012
Do consider working with an agent of your own, with any future real estate needs; unfortunately if the property is now under contract, not much can be done; you can try reporting the agent to local Board of Realtors, or the State Department/Division of Real Estate.
0 votes Thank Flag Link Fri Feb 10, 2012
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