Home Buying in Columbus>Question Details

Kristin, Other/Just Looking in Columbus, OH

What's the best way to deal with a rude sellers' agent?

Asked by Kristin, Columbus, OH Sat Oct 6, 2012

The sellers agent has not been the easiest to work with from the buyer's perspective (inaccurate disclosure form, was planning on giving us paperwork regarding remedies AT CLOSING, she was talking about drinking and partying at closing, etc). We got to the date of possession and the sellers agent didn't contact our agent until 45 minutes before we were supposed to take possession. We got there and found that furniture had been left behind and there was trash and possession in nearly every room, violating the contract! Our agent contacted the sellers' agent and the next night we met the sellers and their agent to get their stuff removed from our house. We thought the least they could do is clean the place after getting their stuff out, since this was delaying our move, and the sellers agent became belligerent and insulted us! What's the best way to register a complaint?

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Daniel Alvarez’s answer
Based on what you wrote, it doesnt appear that this agent violated any laws so i'm not sure how much traction you would get if you were to file a formal complaint with the state regulatory body.

The local realtor board appears to be the best venue to hear your complaint.

I doubt there will be any fines imposed, but at the very least she might receive a stern warning and reminded that she should be respectful to both buyer and seller (even if she is only one side of the transaction).
0 votes Thank Flag Link Sun Oct 7, 2012
Yeah, those jerks!

Well, when it comes time to register a complaint, you can decide whether you want to vent, or have some authority discipline this agent.

It is not a license violation, nor is it unethical, to party hard and boast about it the next day. It's also not the agent's responsibility to ensure that their clients fulfill their obligations under the contract (it's not? No, it's not.). And as the possession time should have been in the contract, it was the responsibility of your agent to arrange to get keys from the seller and/or listing agent. And, it's not a license violation to be belligerent or insult you. I may be insulting you now, but it is not my intent.

My intent is to help you figure out how to best let the offending agent know that you are displeased, and so I suggest writing a letter to their managing broker and to the state licensing board. The licensing board won't do anything, and as for their managing broker, if they have received prior complaints, this may make a difference; if not, at least there will be a record of this agent's poor behavior.

I do not mean to excuse this agent's behavior. However, we agents cannot walk around on eggshells fearful that we might offend somebody and lose our license as a result. Personally, I would ask my agent to ask the seller's agent to reimburse you for the cost of cleaning up and hauling stuff away.

All the best,
0 votes Thank Flag Link Sun Oct 7, 2012
Hi Kristin:

These are the types of behavior that give other realtors a bad name. You are correct in almost every respect. The house to be conveyed has to be in broom-swept condition and all personal belongings not included in the contract should be removed prior to the passing of the title.

You can certainly file a complaint but check which board you need to file this with as I am not certain about the rules in your area.

A slap on the wrist or more should at least give him/her a lesson.. Hopefully,
0 votes Thank Flag Link Sun Oct 7, 2012
You should have your agent post a complaint with the local RE Board, and I would suggest you do the same. Agents like that give really good agents who always go the extra mile a really bad name.

Jeremy Gillman
ColumbusLOFTS.com
0 votes Thank Flag Link Sat Oct 6, 2012
more info:
The sellers agent was acting like she was a saint for "being willing to give up her night to help move her sellers out". We pointed out that she wouldn't have had to do that if her sellers had moved out when they were supposed to, and this wasn't our fault, and we asked why she told our agent they were all moved out if they weren't. Then she got upset and started telling us that it's not her job to make sure they're out, and that this isn't her responsibility. She tried to pin the blame on us for not having called the sellers to make sure they were out! We pointed out there had been other issues with the contract (the inaccurate disclosure, the fact that the sellers disconnected their utilities 2 days before possession when the contract stated that utilities were to stay in their name until the day of possession, etc) and she was just impossible to reason with. Rather than accept any responsibility, she insulted us repeatedly. At the end of the night she tried to act all sweet and nice and told us to contact her if we ever have any issues, but this was just ridiculous! When we tried to ask her for an apology for the insult early in the night -- pointing out that it was unprofessional -- she insulted us again!

Expecting that the house would be a reasonable level of clean (e.g. not trash and possessions everywhere, food stuck to the fridge, etc) isn't too much to ask, is it?

We were most put off by how unprofessionally she acted and would like to register a complaint but we're not sure what, if anything, we can do. Any advice?
0 votes Thank Flag Link Sat Oct 6, 2012
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