Home Buying in 50131>Question Details

Sheila Barger, Real Estate Pro in Des Moines, IA

Is an agent liable for presenting a contract which the agent knew the property had several owners and the seller's signature was not the sellers?

Asked by Sheila Barger, Des Moines, IA Mon Oct 7, 2013

1) The contract was not signed by person with full ownership of properties
2) The contract was not signed by the person…to date, we have no idea who signed the contracts.
3) They had 60 days to clear the title and it has not been done.
4) Both agents promoted contract was valid and did not timely inform us of problems of the purchase
5) The properties are not in the condition that we said we would accept them.
6) All leins and interest from 3rd parties are not removed.
7) No new contract was presented to us from buyer that is valid.
8) Seller gave notice to the listing agent that the owner had 10 days to provide clear title or the agreement would be terminated
9) Did not received seller disclosure forms on these units
10) Lawyer sent notice and still no reply.

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Answers

3
NO....
Because the signer MAY have POA or is executor or other instrument of ownership that obscures onwership idenrification but gives selling authority.
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Obviously, you are provided ONE distorted side of the story.
#10 indicates you have ALREADY consulted an attorny. Why are you here?
#4 suggest YOU have a real estate professonal. Why are you here?
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My first inclination is the cause of all of these malfuntions is as close as your fingertips.
You seem to enjoy the aspect of playing all sides against each other and second guessing the all.
Stick with the consultation of those YOU HAVE HIRED and abandon solicitng the opinion of strangers from the internet. It will not serve you well.
0 votes Thank Flag Link Tue Oct 15, 2013
WOW, What a mess, as Sally Grenier noted this is a complicated transaction. I think you have covered your based by retaining an attorney, I would also look into filing a complaint with the AZ State Real Estate Commission once you have resolved this problem and have a full understanding of what actually happened.
As a Realtor, I am bound by the National Association of REALTORS and to their Code of Ethics. I have responsibilities and duties to my client (especially honesty), here is a link to the Code of Ethics, http://www.realtor.org/mempolweb.nsf/pages/code#Duties%20to%…
it is important you make sure those were upheld by the real estate professionals in this instance. The notes you have 1 through 10 carry some very serious implications for a licensed Realtor both with the Code of Ethics and with the State Real Estate Law. If you are not dealing directly with the Designated (Responsible) Broker of the firms you should be.
I do agree with Sally and think terminating the contract is in order.
0 votes Thank Flag Link Tue Oct 15, 2013
This sounds pretty complicated and there are too many factors involved for anyone here to give you good advice. We are not part of the contract, and don't know any of the details. So....What does YOUR Realtor say?? Sounds like you've hired an attorney, which is a good thing. What does your LAWYER say?? Most contracts are written in favor of the buyer, and give the buyer plenty of "outs" of the contract. Sounds like you have some issues, so then terminate the contract and be done.
0 votes Thank Flag Link Mon Oct 7, 2013
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