Thank you all for your advice. Right now we are going to wait and see if things cool down. We still want the house, but as mentioned, we really aren't willing to deal with the current realtor. When we talked to the realty company and owner however, neither was willing to make a switch, so we may be stuck. My guess is that if the house sits for a bit, there may be an opening. We really love the house, but there are so many on the market right now, we are perfectly willing to walk away.

If we end up making another offer, we will definitely have a lawyer look over everything to make sure there are no surprises.

Again, thanks. If it was meant to be, etc. etc...

Sun Apr 20 2008, 19:13

A. J.,
Ctannstarr has given some good advise. However, hiring a lawyer is expensive for you and maybe an expense you don't want. Your agent and broker should be willing to assist you in developing a case against the listing broker. Our code of ethics is pretty unambiguous about what is and is not ethical. Here is a link to it for your information: http://www.realtor.org/MemPolWeb.nsf/pages/COde . As Realtors, we are accountable for our actions to the public and to our fellow Realtors. If you will notice in the preamble to the code, we are also reponsible to cooperate with the state licensing authorities to assist them in enforcing the law. You could pay an attorney to do this, but the Realtors on your side should be just as upset as you and should assist you in your case. The reason I advise you to take your actions against this agent after the closing is that the most important aspect of this situation is to make sure you get the house that you want. If this agent is capable of endangering that goal in any way, don't rock her boat. Your Realtors are on your side and should be taking an active role in solving your problem as much of it is also their problem.

Sun Apr 20 2008, 16:44

Simple, Just hire a good real estate attorney to go over the contract and everything you signed and cosult with him along with your realtor until the closing date.
Best Luck

Sun Apr 20 2008, 13:31

Based on your comments, and others below, I'd build on Bill's advice. You've decided you really want the house, and probably are going to go ahead. If the Realtor has been in business for 10 years, it's likely the broker is aware of her actions, and if she's on the review board that would be hearing your complaint, then you're largely stymied.

So, hire a GOOD real estate attorney. Keep your own agent (if you have one) informed of what you're doing. Your agent should be OK with that; Realtors have it pounded into their heads that they're not lawyers and shouldn't act like them. Then make sure your attorney reviews every piece of paper that comes from the sellers and the seller's agent. That's the only way you can protect yourself going forward.

Hope that helps.

Sun Apr 20 2008, 13:22

Thanks for your answers. I really appreciate your opinions. I'm not sure what we are going to do. I doubt we will end up filing a complaint, especially because she is on the board we would file to!! The realtor is known to be 'difficult' so I'm not sure it would accomplish anything anyway.

We are going to think about it a little more and then consider going back in although the thought turns my stomach.

thanks again!

Sun Apr 20 2008, 12:46

A.J.,
You should call and talk with the offending agent's broker. If you do not get any satisfaction there, talk to an attorney. If you have written proof of those changes on the disclosure form, you will have a very strong case to file an ethics complaint against the listing agent. (However, hold off on that until you buy and close on the house). There is nothing more embarassing to a Realtor than to have to defend their unethical behavior in front of a panel of their peers. It is both humbling and educational. And, you will regain your confidence in the Realtor community.

Sun Apr 20 2008, 09:39

Sorry, I am new to this board and was trying to get answers from a broader crowd. If I didn't put it in the right place, I apologize. I only asked it once yesterday and although I appreciated the answers given, I didn't get a feel for how bad the actions were. Is this kind of deception a common occurrence in contract negotiation - are people always trying to slide things in like that, or did she really cross the line of what is normal?

Sun Apr 20 2008, 09:23