Home Buying in 02048>Question Details

Jennifer, Home Buyer in 02861

Switching Realtors

Asked by Jennifer, 02861 Wed Jan 26, 2011

I had put an offer in on a condo. the realtor insisted that I do not get a home inspector and she kept pushing I sign the P&S. I did an inspection anyway. SHe found out his name and called him. He ended up doing a partial home inspection (she must have told him to). Now I'm upset and do not want to deal with this realtor anymore.

The realtor is in the same office as the listing broker. She indicated that I do not need a home inspection becuase the property is new and it has a one year builder's warrenty.

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I was a former sales associate doing new home sales for a home builder. You are right to get an inspection and should do an inspection if possible at the framing stage, finished stage and even a year later (before your warranties expire). Even though a home is new they are only as good as the trades and superintendents who build them. To error is human. As far as this agents actions you are in a dual agency situation which should have been disclosed and hopefully understood by you. It's a tricky situation but, the buyers agent does not have authority to cancel for change the inspectors course of action since you are the party paying. The only thing I can think of is that the inspector did not have the right to be on the property since it has not closed escrow yet? Sometimes there are things like this burried in the new home sales contracts with builders. At some point you need to have the inspection completed and make sure that anything found to be a builder defect or workmanship error appears in written form by you on the required warranty forms the builder uses to complete warranty repairs. You may not want to make waves now about your agent since you are in a dual agency scenario - but, after the COE you can and should write a letter to the broker explaining what occurred and that you are displeased with the situation. It's probably going to cost you more money to have the inspector come back out and maybe you can get the broker to agree to pay if their agent was in the wrong.

Good luck,

Sandy Farmer
Realtor, GRI, CSSN
John Hall & Associates
homesales411.com
Web Reference: http://homesales411.com
1 vote Thank Flag Link Wed Jan 26, 2011
If your not comfortable with your Realtor you should change. If they are representing you and they are your buyer agent they work for you and should advise you. You have the right to do a home inspection even on new construction. Anybody can make a mistake, I have seen new homes that the homes inspector found a few electrical issue that shouldn't have happened. But they did and the home inspector caught them. New doesn't mean perfect, If it doesn't seem right it probably isn't. Make sure your Realtor keep you informed of your rights, other wise you have the wrong Realtor. Good Luck!
0 votes Thank Flag Link Tue Feb 28, 2012
Ok.... just plain wrong.

You actual must be provided a disclosure called "Home Inspectors: FACTS FOR CONSUMERS" by your agent. The situation does not sound very professional. I would always recommend a home inspection even on new construction. If you chose not to have one I would even get a waiver signed.

You did not say if the agent you used was a buyers agent or sellers agent. Which also bring up issues related to dual agency or designated agency, if they were a buyers agent.

I would talk to the broker of the office and explain your concerns. Do you have specific concerns at the moment?
0 votes Thank Flag Link Tue Feb 28, 2012
You should ask to talk to your agents broker and let them know what your agent has said and that you want a full new construction inspection and that you are not happy with your agent.

What was in the sales contract? Did you call for an inspection or sign the waiver? You are correct to get an inspection, even if it is new construction it is good to know the condition of everything you are getting, even if there is a year or two warranty for new construction on items.

Otherwise consider walking away if you think there are problems with the unit and if you are not allowed to get an inspection it might not be worth it. Please consult with an attorney before walking away to make sure you don't lose your earnest money deposit.
0 votes Thank Flag Link Sat Jan 29, 2011
Jennifer,
I specifically insist on having new construction inspected. Because the builders have a warranty, the best time to find issues is early on. Some items may not show up as problems until years after the warranty is over. Every time I've had new construction inspected, we have found significant issues. To the builders credit they have resolved them all with little problem.
Find a new agent and get a thorough inspection before you are fully committed to any purchase. Anyone who tells you otherwise is not giving you good advice.
0 votes Thank Flag Link Sat Jan 29, 2011
I am totally speechless regarding your own buyer's agent recommend you not inspectioning the home you are purchasing. We knew new home has no wear and tear but it could has something else. In our office if the buyer chooses not inpection, we need the buyer to sign a weiver for not inspection.

Grace Keng
RE/MAX RES
Cupertino, CA
0 votes Thank Flag Link Fri Jan 28, 2011
Try to work through this. Request an extension and find your own inspector and your own attorney. If you love the property you shouldn't let this lose a great home for you. I hope it works out for you!
0 votes Thank Flag Link Fri Jan 28, 2011
WOW on a lot of levels. This is why i insist that home buyers only work with agents at exclusive buyer brokerages (agencies that don't take listings and only work with buyers) so you never run into problems regarding conflict of interest. A lot of agents try and spin the whole buyer brokerage thing by saying, oh we have buyer brokers on our team or in our office you can work with ( or, " I am a "buyer broker" "), but the truth is these agencies have internal commission deals if they can keep deals all in house (in turn they get paid more money). If buyers would recognize this from the beginning it would result in less frustration and stress wondering if the agent they hired has there best interest in mind.

So, in short, we (at territory) are sorry to hear about this scenario - and unfortunately hear similar stories frequently - and hope that you have called their head broker to have a discussion about what happened. That agent does have a boss so you should certainly make that call.

Next up would be telling that head broker - if this is what you desire - that based on this experience you no longer feel comfortable working with her and would like a new agent (or perhaps your attorney) for the remainder of the deal. Inquire about what happens with that commission - would be interesting to hear the brokers response.

I hope this all ends up ok. Lean on your attorney as much as financially possible (i know it can be expensive and you don't want it to blow up bigger than need be).

Good luck!

http://territory.com
Web Reference: http://territory.com
0 votes Thank Flag Link Wed Jan 26, 2011
You should call the office manager. They don't want problems. There are dual agency laws in mass. If it is brand new you should be ok and under a warranty of some kind. You can back out of the deal... check with your lawyer.
0 votes Thank Flag Link Wed Jan 26, 2011
Hello, Think you need to cancel any agreement made(signed) with an Agent you are not satisfied with. Most Agents/Managers will normally release you if there is any disagreement with substance. You are then free to select an Agent/Realtor you are comfortable with(possibly an ABR, Accredited Buyers Representative) Good Luck, Allan
0 votes Thank Flag Link Wed Jan 26, 2011
You are the client. As such, you are within your rights to have a home inspection. I am in Pa. Where I would recommend, had I heard this, that you immediately contact an attorney, the local board of Realtors (call the Chamber of commerce to find) and, if this isn't resolved, the Ohio state real estate commission. I have acted as a buyer agent with new construction on numerous occasions- my buyers vhave opted for a home inspection on these new homes more than 50 percent of the time- it's perfectly acceptable AND, guess what, on more than 1 occasion, the inspection revealed defects. Good luck
0 votes Thank Flag Link Wed Jan 26, 2011
It's your right to do a home inspection.

If you feel like your rights have been violated, you can report the situation to your state's department of real estate. They will inspect the situation and take necessary actions.

As far as switching realtors, you can switch your agent (as a buyer). But, whoever listed the property is under contract with it. If there is something strange going on here, do you really want this condo?
0 votes Thank Flag Link Wed Jan 26, 2011
Home Inspections are your right. New construction can have unfinished work that can be a problem for you in the future, even with a builder's warranty. Getting those identified items done prior to closing and moving in are much easier for you as a new homeowner. You have several choices, as others have suggested.

Change realtors now, one with a different realty firm.
Find an experienced real estate attorney to help you.
Contact the governing Real Estate agency in your state and/or the Department of Consumer Affairs for assistance.

Don't let them push you into an uncomfortable situation. You are the consumer and there are laws protecting you.

Good luck.
0 votes Thank Flag Link Wed Jan 26, 2011
I would fire that realtor and find a new one because she is not providing her fudiciar duty to you as the buyer, which she is required to if she is a Realtor.
0 votes Thank Flag Link Wed Jan 26, 2011
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