Home Buying in Hialeah>Question Details

Yani, Home Buyer in 33010

As a buyer am i supposed to have a copy of the contract?

Asked by Yani, 33010 Sat Sep 25, 2010

we are in the process of buying a home.My husband and i signed the contract ,the one you sign when you make the offer.The realtor did not give us a copy. Is he obligated to give us one?Is there any posibility that they change or add something without let us know? I asked him and answer was he has change it many times?How is that possible if we signed one time only.Like two days before closing bank asks for salary because my husband salary is by comision because when a person has than 2 years getting this type of pay doesn't qualify.They filled out more papers to show this is a fixed income Then broker and realtor told us they are waiting for bank answer , then that they will change bank and that would take 10 more days.Two weeks until now.We discovered that they never change, still same bank ,what are they waiting for?SHOULD WE SEARCH FOR A REAL STATE LAWYER? The realtor is cousin of my husband's friend.Now we are waiting for bank approval and if not I hope get money deposit back.

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Yani - get on the phone right now, and call your agent. Ask (or demand) that he or she provide you with a contract immediately. There is no reason you don't have a copy of the sales contract .

I would also suggest that you make an appointment to sit down with the agent and the Broker, and ask them to clearly explain to you what is GOING on - step by step. I think you should do this in person and not on the phone. Take notes if you aren't clear on what you are being told.

If you are still not satisfied with the answers you receive, and you think you are not being properly represented - then by all means call a real estate attorney for his legal opinion. This is too big of a purchase not to understand what is being done on your behalf.

You have every right to know exactly what is going on and WHY !

Best wishes!
1 vote Thank Flag Link Sat Sep 25, 2010
Yes - Your agent should give you copies of everything you sign.
3 votes Thank Flag Link Sat Sep 25, 2010
Yikes! Yes, you should get a copy of the contract, and the agent should not make any changes without your approval, As prior posters have stated, those changes should be initialed by you. As an agent I do not manage the interaction of my buyers with their banker - so on that point as well, your lack of involvement and info is worrisome to me.

I think it is always a good idea to engage the services of a real estate attorney - after all, a contract is a legal document. I would demand that your agent provide a copy of the document that you signed as well as copies of revisions that may have been communicated to the seller.

Good luck to you,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Sun Sep 26, 2010
Hi Yani,

To answer your question, absolutely! You are to receive a copy of the signed contract no question about that and you and the seller should at minimal initial any changes made to the contract.

Thanks
Web Reference: http://homesbycarli.com
0 votes Thank Flag Link Sun Sep 26, 2010
Your agent is required to give you a copy of any contracts that you sign. No changes can be made without your approval. You have a lot of questions and are obviously not happy with the answers you have received from your agent and lender. I suggest you call your agent's broker and express your questions and concerns.
Web Reference: http://savannahgahomes.net
0 votes Thank Flag Link Sat Sep 25, 2010
You are required to be given a copy of ANY document you sign. Every Real Estate agent works under the license of One Broker. The person who generally owns the real estate office and is responsible for anything the real estate agent does.
I would recommend you call the office of this agent and ask to speak with the "Broker in charge". Tell that person your concerns and get the correct information and copies of all your documents. Then you can determine how serious or how liable you are for things going on.
Good luck to you. And be very careful of any and all documents you sign. Even a good intention agent may not be current on the law. Protect yourself.
0 votes Thank Flag Link Sat Sep 25, 2010
as many others have mentioned, your agent must give you a copy of everything. it is also a good idea to initial each page of the contract so that nothing can be "added" afterwards to that page without your knowledge.
as fas as the loan situation, do you have the contact information for your mortgage rep? it may be best to speak with him/her directly rather than leaving to your agent to straighten things out. Re-applying to another bank may certainly take more than 2 weeks thougth.
0 votes Thank Flag Link Sat Sep 25, 2010
You should have copies of everything you signed and NOTHING CAN BE CHANGED without your authorization. Contact your agent or his broker immediately! It seems like they need to clarify many questions for you. Good Luck!
0 votes Thank Flag Link Sat Sep 25, 2010
Yani,

I agree with my more direct colleagues who believe you should demand copies of everything you sign.

Depending on the state (and refer to the post by those REALTOR licensed in your state), some states make it MANDATORY for the REALTOR to give you copies of what you signed and usually they attach a time frame. 24 hours, 3 days etc. I am not licensed in your state so I can't speak specifically about what the real estate laws are there, but demand copies to your satisfaction.
0 votes Thank Flag Link Sat Sep 25, 2010
I am having a little trouble figuring out one part of this story, is your realtor acting as your loan officer? All loan officers should know that it is a basic rule that all banks go by that commission income must be received for 2 years in order for you to use it. If it is close to 2 years, and you can qualify based on the 2 years of average income, you would be OK. Is your husband paid on a 1099 or a W-2?
As everyone else has already told you, you should definitely be able to get a copy of your contract, and anything else you sign if you ask for it, as well as a copy of the appraisal on the property. Why did the realtor say that they changed the contract many times? What have they changed? It seems like there is a lot going on here, and someone needs to answer all your questions.
0 votes Thank Flag Link Sat Sep 25, 2010
You should definitely have a copy of the original contract. Any changes to it afterwards are done typically with an Addendum which all parties sign. You should also have copies of any addendums.

If you need someone to look at your situation from a financing standpoint and to make sure everything looks correct, you can contact me even if you proceed with them. Or if the financing falls through I'll give you my honest opinion, free of charge.
0 votes Thank Flag Link Sat Sep 25, 2010
It is always a good idea to have copies of all documents and disclosures which are part of your transaction. I have had clients that didn't want copies but I have made a habit of making sure they always leave my office with copies.
0 votes Thank Flag Link Sat Sep 25, 2010
Yani

You absolutely should receive a copy of every document you sign and nothing should be changed without your written consent and approval. You should meet with the agent's broker to address your concerns and complaints. Considering your overall concerns as to how this transaction is progressing, my suggestion is that you should get a real estate lawyer to protect your interests.
0 votes Thank Flag Link Sat Sep 25, 2010
Your agent should give you a copy of everything you sign. It would be a good idea for you to start always asking for a copy of everything you sign (at the bank, tax returns or anything).
During escrow things are sometimes changed because of lender requirements, but not the basic offer/contract between buyer and the seller. You should get a copy of the final paperwork, called a HUD-1, before you sign for the close.
In Arizona, where I am licenced, you would get your earnest money back if you cannot obtain financing.
0 votes Thank Flag Link Sat Sep 25, 2010
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