Your post is an excellent example why choosing an agent/broker just because they are family or friend is a bad idea. And more importantly, you shouldn't allow yourself to be guilted into doing it either. WAY too much money on the line.
And you are the one putting the money down, you are entitled to ask questions. Certainly your agent isn't going to write you a check if you have to sell at a loss down the line or pay for a ton of repairs, right?
If you want the house, work toward closing it as best as possible. If you're not willing to ruffle a relative's feathers, work with him as best you can. If you are, go to his broker. Family should look out for you more, not less....
If you don't end up with this property I would have a long chat with your agent and resolve your issues before moving forward on anything else.
Lance King/Owner-Managing Broker
Sorry to hear about your situation & your bad experience. Hopefully this will help somewhat - check your contract to be sure, but you probably do not have to worry about being out of time on the inspection contingency period before you receive the disclosures from the seller. According to paragraph 14.B.(2) of the C.A.R. Residential Purchase Agreement, if the seller fails to deliver any disclosure or report to the buyer which they are responsible to deliver as part of the contingency, then regardless of when the seller delivers them, you would still have 5 additional days (or whatever time period was written into your particular contract) on the contingency time period. The language reads: "..if any report, disclosure or information for which seller is responsible is not delivered within the time specified in 14A, then buyer has 5 (or__) days after delivery of any such items, or the time specified in 14B(1), whichever is later, to deliver to seller a removal of the applicable contingency or cancellation of this agreement." If you want to push it, you also have the right to deliver a notice to perform to the seller to get you the disclosures under paragraph 14A of the contract. I would give the seller a bit more time, as no matter how long they take you should still have 5 additional days to review everything. Hope this is helpful - good luck with your situation & hope you are able to work through it to a successful closing.
John Barry, Realtor
Coldwell Banker Residential Brokerage
I understand your feelings, it would feel really bad not to use a family member while doing such important investment.
But people say "never mix family and business."
Now, you are under stress......but also listing agent is + seller is + escrow + inspectors and all professionals involved in this transaction.
I'm really sorry to see your frustration, I hope, you managed to find a solution and successfully close.
i'm very thankful to you for sharing this experience. It can be really important for someone in the same situation.
It is not a good thing that you are feeling such distrust for your Agent at this stage of the purchase process. This is the tone I hear throughout all of your remarks here. Buying a property is not a fast transaction and can take months to complete.
Personally, I would find it very stressful to be in a battle of the wills for that length of time. It's possible you have a personality clash with this person, or it could be worse.
If I were you, I would go shopping for a Realtor that I have a good rapport with and who has the same business philosophy as I do, and start again with another property as well. I would also ask for references from other happy clients a good Agent should have this too.
Hopefully, the second time around will be a happy one for you!
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As for showing up at an inspection - it's the prudent thing to do, but not really necessary- the main thing is that YOU show up and talk with the inspector. If there are items to fix, you can ask the agent to call the inspector.
Getting disclosures out on time - often the list agent doesn't even have the seller sing them til the escrow is opened. The timeline doesn't start until 5 days from when you get them. Take a deep breath - the buying process can be tedious and stressful - but it doesn't have to be. It's up to you.
If you like the house, want the house, then roll with the process - jump through the hurdles- demand the service you deserve from your relative agent - and don hesitate to let him know you that if he feel he cannot handle the job - then you'd like to have his broker or manager step in to assist. If he's new in the business he may be nervous and not able to fully assist. Take the high road - and get the house you want. Good luck and God Bless you.
As John stated, you are still given additional time to make decisions and proceed. Also, notify escrow and the listing agent as to what's happening so they can be on the same page. At this point, nobody is going to want the transaction to fall apart, so expect support from everyone.
Best of luck...
Then call your agent and let them know you are thinking of withdrawing from the transaction due to his apparent bad faith.
I can guarantee the agent will get back on the ball.
I suppose Realtors are like any professional person. Sometimes you click with them, and other times you don't. I always make it a point, to meet with my clients before we begin working together. One of the purposes for this meeting is to get to know one another, and allow the buyers to make the decision if I am the right agent for them.
This individual sounds distracted, and possibly too busy with other things to give your purchase the attention it needs. I don't care ther the "10 day contingency" change either. The inspections can be done in that amount of time but it adds un necessary pressure to an already high pressure situation. Also it is not enough time if you want, asbestos,lead and other additional inspections.
The bottom line is that you need to work with someone you really trust on this, and if you cannot trust this person you might want to consider changing agents and starting with a new property.
Regret to hear of your issues.
Clearly, there are reasons why one does not work with Family.
As far as inspections contingencies go you are protected by your right to receive
inspections and Disclosures in time, per your California Assoc. Of Realtors contract.
You can always change the Title Company, it's the Seller or the Buyer who can choose the
Title company, so you can always change the Title company, if it is not working out for you.
Why do you not go with your Lenders Title Company if he recommends one?
I am quite sure it will work out.
With respect to negotiating the escrow fees, out of curiosity, who recommended the escrow company?
If you want to the deal to go through, then you have obstacles to overcome that are relatively insignificant in the big picture.
If you have a point to make - the agent has been so horrible that they cost me the transaction - well, you can go down that road too, but you may likely lose your earnest money and the transaction.
I'm not eager to defend bad agents, and I would not negotiate with the escrow company on the fees, either. Wouldn't do it, any more than I'd expect a furniture store to renegotiate shipping fees.
With this story line, I would call the agent's broker, and tell them that I need them to review the contract and ensure that my position is protected. Ultimately, it is the broker who is responsible for you in this transaction, not the agent. Although, any half-way decent agent would take that responsibility on themselves!
All the best,