Home Buying in Chandler>Question Details

lange52, Home Buyer in Chandler, AZ

What can we do if the listing agent will not return phone calls, etc. to our agent on a short sale that is into 107 days now?

Asked by lange52, Chandler, AZ Thu Aug 9, 2012

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12
If you really want an answer, find out the name of the listing agent's firm, call the company and ask for the broker. Tell him you regret calling but his agent does not return telephone calls. Ask the broker for the information you are seeking. FIRST tell your agent you are going to do this.

Most likely the answer you will get is....." we have nothing to report". ( I agree with all the answers below ) "Short sales" is an oxymoron. Having said that, we need to return to common courtesy and consideration in our industry. Making a change has to start somehwere, why not start with me / us....we can make a difference.
1 vote Thank Flag Link Thu Aug 9, 2012
The agent works for a broker...contact the broker and express your concerns.
0 votes Thank Flag Link Sun Aug 26, 2012
Have you heard from you agent? Try calling the agent early in the morning--like 7 am or 7:30 am. Many times short sale listing agents get very busy on the phone with lenders during business hours and you might catch them first thing in the morning!
0 votes Thank Flag Link Mon Aug 13, 2012
The listing agent finally talked to our agent and we are still nowhere in the deal. Apparently, the second mortgage holder has not even approved it yet. I just wonder what our chances are that the second will say no deal and after all of this we don't even get the house. It is very frustrating!
Flag Tue Aug 14, 2012
Robert,
Having the Broker also be the Agent makes it more difficult. Sounds like you are desperate and have exhausted the easy steps . It is usually not a good idea to go around your Agent, but if you simply need a status update, you could call the listing agent handling the short sale and ask them the status of the short sale.

The following is not in intended as legal advice. It may be time for you to get a Real Estate Lawyer:

You have probably entered into a Buyer Broker Employment Agreement with the Broker. The Broker legally has certain duties under that agreement. You could send the Broker a certified letter explaining that he has breached his duties under that agreement to get his attention. You could ask the Broker to mutually cancel the Buyer Broker Employment he has with you, to free you up to get a different Buyer's Agent/Broker.

You could also file a complaint with the AZ Department of Real Estate about your experience.
http://www.re.state.az.us/Inv/Forms/Form_INV-800_Request_For… but time wise that wont get your problem solved

The Buyer Broker Agreement also allows you to take disputes to Arbitration if you experience monetary loss. This is best handled by an attorney unless you have the experience.

If your Exclusive Buyer Broker Agreement has expired, you can enter into a new agreement with another Broker/Agent (see Compensation section starting on line 27) . Your lawyer can also advise you as to your other options to change Brokers.

If you need a lawyer recommendation, please call.

Loren
623-688-0004
0 votes Thank Flag Link Fri Aug 10, 2012
Your agent should be aware that he or she has to call the listing agent's broker.
Byron Godfrey
480 704 0050
0 votes Thank Flag Link Fri Aug 10, 2012
Loren, I forgot to add one thing. I have called the broker in those circumstances only to find out that the agent and broker were one and the same. That combination did not work well .
0 votes Thank Flag Link Thu Aug 9, 2012
Robert got it right. Best choice is to call the listing agent's broker and discuss the problem given you have tried everything else.

Loren Hoboy-Realtor
Central AZ Real Estate
LHoboy@centralAZhomes.com
Your Local Expert
623-688-0004
0 votes Thank Flag Link Thu Aug 9, 2012
Has your agent tried sending emails or texts? Advise the Listing agent that you would like updates once a week, even if there is no news from the Seller's lender.
It's unfortunate that some Listing agents do not have an efficient way to communicate with the Buyers' agent.
Web Reference: http://www.talktosteffy.com
0 votes Thank Flag Link Thu Aug 9, 2012
You can cancel contract or withdraw. OR you can work with it and do your best.
The longest Short sale we did was 2 years.
Best of luck hang in there if you want the house.
0 votes Thank Flag Link Thu Aug 9, 2012
Short Sales should be called "Long Sales"!

Typically we are able to have some level of update every couple of weeks. Certain times in the Short Sale process just drag out and not much is available to report but you should be able to get something back. Other times it can start to move fast and the updates happen really fast, it just depends on the bank and the file.

Your Realtor should be able to get updates every couple of weeks.
0 votes Thank Flag Link Thu Aug 9, 2012
Our realtor had talked with the listing agent a month ago because the bank needed some info from us. Then 3 weeks ago when the bank wanted proof from us where the down payment money was coming from our realtor asked for an update and the listing agent said he would give him an update after the bank received the info. All this is input into B of A's portal. No update ever came and the listing agent will not return calls, texts or e-mails to our agent.
Flag Thu Aug 9, 2012
More than likely, the Seller and the Bank have accepted another offer:
No-a-days, people have lost track of eitquite and consideration; and particularly in this case; they just can't or won't call all the people who didn't get accepted. And that's all right to them.

Probably time to move on.

Good luck and may God bless
0 votes Thank Flag Link Thu Aug 9, 2012
More than likely your agent is wanting to know something and the listing agent does not know anything because the bank is not talking to him or answering any questions he has, so there is nothing to tell your agent. Welcome to the wonderful world of short sales. You can not be in a hurry, expect answers, expect cooperation or think things will go smoothly in a short sale because they won't. I have seen them take 2-6 months so hang on for the ride. Banks will ignore you or the agents and the owner for as long as they wish. It will be frustrating.
0 votes Thank Flag Link Thu Aug 9, 2012
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