Home Buying in Burlingame>Question Details

Marion Cohen,  in Port Washington, NY

Wasnt given the disclosure sheet saying my agent worked for the seller.

Asked by Marion Cohen, Port Washington, NY Sat May 11, 2013

I am buying a house and my realtor forgot to have me sign the disclosure sheet saying that he works for the seller. He mentioned it in passing but never had me sign it. Do I have any recourse?

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7
Unclear as to which State the transaction took place; either way check with your attorney, he/she can better advise...
0 votes Thank Flag Link Sun May 12, 2013
Marion,
You really need to consult an attorney. It sounds like you are dissatisfied with the way your transaction happened and without reviewing all the documents and knowing NY law, we are not in the best position to advise you. Your likely recourse would be legal anyway, so you might as well gather your documents and set an appointment with an attorney as soon as possible. Sorry about your situation.
0 votes Thank Flag Link Sun May 12, 2013
It depends - is your agent representing the seller as well you or is it just a disclosure about the representation of more than one buyer or seller? If your agent was representing both parties in the transaction without letting you know it is definitely an issue and you should hire a lawyer. If your agent did not get your signature on one of the customary disclosures while working only for you - you may not have much grounds to claim damages. Anyway, consult a lawyer.
Web Reference: http://talisrealestate.com
0 votes Thank Flag Link Sat May 11, 2013
Her's my question. He did inform you of it......if you had received it in writing, would that have made a difference in your deicision to buy the home?

Of course, the agent should have disclosed it in writing...what I'm wondering is if his negligence in doing so...would have made a material difference to your decision to buy the home.

Think about it...

All the best.
0 votes Thank Flag Link Sat May 11, 2013
In CA It is a state law that Dual Agent has to disclose to both parties his/her agency relationship. The for AD - 1, Disclosure Regarding Real Estate Agency Relationship must be signed by both seller and buyer in the event dual agency. If you suffered any damages because of it you may file a legal claim against the agent and broker, consult your attorney, if you want to punish the agent for violation, contact http://www.DRE.ca.gov..

Mitch Lubinsky, Broker - Realtor, Mortgage Banker
http://www.calsunmortgage.com
0 votes Thank Flag Link Sat May 11, 2013
There are many disclosures that need to be signed with real estate transactions involving licensed agents in California that are required by the Department of Real Estate. Best to go to the to the following link which will provided the minimum requirements. Thank you for this question as it is important that people realize that properly filling out disclosures is one of the most important parts of a real estate transaction for both the buyer and the seller. http://www.dre.ca.gov/files/pdf/re6.pdf
0 votes Thank Flag Link Sat May 11, 2013
Hi Marion,

Assuming that you are purchasing a property in Burlingame California, the first form that your agent would of had you sign was the Agency Disclosure form that explains both Single and Dual Agency between your Realtor, yourself and the seller. At that time your agent would have told you that he would be representing both yourself and the seller.

If you have any concerns that you were not represented properly during the negotiations in the purchase of the property and you already have a Ratified Purchase Contract I would have a conversation with the Broker that your agent works for. If you don't receive satisfaction at that point than the next step would be to get legal counsel.

1 question that I have is at the very top of page 1 of the purchase contract where it mentions who the Listing Agent and the Selling Agent represents(Buyer, Seller or Both), were the boxes checked correctly before you signed them?

Regards,
Michael Kaprielian
http://www.MKaprielian.com
0 votes Thank Flag Link Sat May 11, 2013
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