Hi, I have signed the loan docs for a home that I am buying in Fremont. The property had cable included in

Kangan
Home Buyer
Santa Clara, CA

their HOA until June 2009. The listing agent had made flyers which included this information initially. Later he removed that information that specifies that the Cable would be cut from the HOA starting this July. I did not know about this until now. Can I sue the listing agent?. I want to make sure that he doesn't cheat anyone anymore or atleast think twice before he does anything. The seller was the one who informed me about this.

Answers (8)
Rashid
Agent
Santa Clara, CA

Hello Mr. kangan
The contingency removals have to be signed by you, there is no agent can sign the removal of contingencies except you. Or if there is any one has the power of attorney to sign for you. I would suggest that for you in order to buy a home you need to do the following. 1- Be firm, (committed to buy a home) 2- get your money in your hand for down payment. Take all your money from the stock market or from the place where your money is invested in.3- place your criteria of the house as of where you want to buy, the size of the house and the location. Set a time table that you will buy a house with in certain price. Set a goal to buy with in 45 days. 5- Search your self for the properties that you like and take your agent on the weekend to show you the properties. When you like a properties get your agent's help to place the right price on the property in order to win the offer.
Best Regard
kaddourarashid@yahoo.com

Thu Jun 18 2009, 09:50
Kangan
Home Buyer
Santa Clara, CA

All,

Thanks for answering. I do agree that people make mistakes and I have made lots of them. The fact is I don't watch TV either. But knowingly or unknowingly I have been at the wrong end of this transaction. My agent is also not doing a good job. I got into a very big mess by trusting him and got out of it just now. The following link explains what I went through
http://www.trulia.com/voices/Home_Buying/I_am_a_buyer_and_my…

My agent and the seller's agent used to work at the same office and I just don't want them to take me for a ride on everything.

Also, there are some things that were asked to be done as recommended during property inspection and one of the item hasn't been done properly. It is very hard to talk to the

My intention to sue him was partly out of frustration and partly the fact that he is lying thinking that he could get away with it. Atleast ,if I drag him to Court, maybe just maybe he would stop doing that. In the future he would think twice about lying to people.

I will definitely not recommend my agent as he did a lousy job and also the seller's agent to anyone i know. I am pretty sure that I am not a client who nags all the time, I have been very patient and accommodating.

Wed Jun 17 2009, 23:49
Terri Vellios
Agent
Campbell, CA

I'm sorry you are upset with the listing agent. Did you notice how many disclosure documents you needed to sign and acknowledge in order to buy? Do you know why? It is because California is one of the most litigeous states. Every time a buyer or seller was unhappy or harmed a new disclosure is introduced. That is because the agents can not know everything and they, like Rashid said, are human. So the burden of disclosure falls to the seller. Which sounds like he did his job - he disclosed. The seller's agent most likely instructed the seller to disclose everything.

Here's how these things go. An agent makes a flyer. Saves it to their computer or sends to the printer. Prints off tons of flyers. They run low and get replineshed. Old flyers can be sitting around some where with errors. That is why the bottom of the listing MLS and flyers have a disclaimer to the buyer to verify.

The contract you and the Seller signed should state if the parties agreed to binding arbitration waiving your rights to litigation or was this left open for a lawsuit. And when all is said and done you may not gain much in the $ department.

My question is would you still have purchased the property? Were you harmed? And if so how? And if you believe the agent did intend to withhold information you can address all this with his broker. What I am reading into your question is you want to stop the agent from delibertly doing further harm. A call to the Broker may address your concerns.

Tue Jun 16 2009, 21:44
Rashid
Agent
Santa Clara, CA

Hello Mr. Knagan
I wish you the best with your home purchase. Unfortunately many people think that Realtors are thieves or not honest people the fact your issue is very simple and it doesn't worth a big deal for the following reasons. Realtors are people and people make mistakes some times. Even if you look at your self you find you’re self that you make mistakes’ at your job some times or many times. What do you look for when you make a mistake? You look for forgiveness from your boss, client, or co worker. The same thing you need to look at your Realtors. In your issue I can see that the Realtor was right. why? Because at first there was a cable included in the HOA therefore the agent listed the property including the cable service with it. When he recognized that the cable service will be disconnected at later time then he took it off the listings. Realtors re not God and they don't know every thing. They do what they know. Some times they are fed wrong information from the seller or from the buyer. I would suggest that you forgive the listing agent and not to make a big deal about it. And look at the other good things that you get with the property that you have bought. Don’t hold the listing agent responsible for this.
Best regards for you and best wishes for you with your new home purchase.
Rashid kaddoura
408-509-2604

Tue Jun 16 2009, 07:28
Glen Mitchell
Broker
California

many agents put a disclaimer on their flyers saying something along the lines information deemed to be correct. We have to go off what we know and info seller gives. It may have been overlooked on the agents part. If he sold properties in the complex in the past he may have kept the same flyer and updated address overlooking that some info was changing. It should have been included in the hoa docs you signed though so agent will have a copy or should have a copy you signed off on in which case he could show it was disclosed. Sorry it didn't work out the way you expected. Did the hoa dues go down? Not that this will make it any better, but I gave up cable several years ago and do not miss it. My life is much better and I can still catch episodes of the office on the internet. Try and take away my coffee though and I'm going to sue :)

Glen

Web Reference: http://www.maui4rent.com
Mon Jun 15 2009, 17:48
Kangan
Home Buyer
Santa Clara, CA

Thanks for answering my questions. The seller was the one who informed me about this. I know that this is not a big issue. But i do feel that the listing agent lied about this. Initially he was honest and had put the details about when the cable would expire in the HOA.

My point is had this been removed from the flyers all along I would be OK. This guy had it initially then removed it from the flyer. He knew all along that the cable would not be included after June. But the flyer that was given to me (sometime in May) clearly said that Cable was included in the HOA. It did not mention anything about not being included after June.

Mon Jun 15 2009, 17:02
Vinicius Brasil
Agent
Saratoga, CA

I agree with Carl on this. Also there should have been a mention of this in the HOA docs.

Mon Jun 15 2009, 16:53
Carl Medford
Agent
Fremont, CA
FIRST ANSWER

Kangan:

I understand that you may be frustrated, but in order to sue you will have to prove that the listing agent willfully withheld information from you and/or was deliberately deceptive. It sounds to me like they provided correct information when the cable was included, and then removed it when it no longer applied. You may not have been informed about the change, but it doesn’t sound like it was a deliberate attempt to deceive.

Mon Jun 15 2009, 16:41

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 8
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback