There is another way you might be able to deal with the agent. If the agent put it in writing that they were going to pay $1,000 repair cost and than changed their mind, you might be able to file an arbitration grievance against that Realtor. This is only if the agent is a Realtor which means they are a member of the National Association of Realtors. You can reach the local association of Realtors at http://www.ocar.org/
As you have revealed that you are in California, and I am a New Jersey Real Estate Agent, I am not allowed to offer you any advice that would be specific to California real estate.
As you mentioned in your last comment you have to weigh the cost of an attorney versus how much you are giving up in credits.
How much do you love the home? In the big picture will it make that much of a difference. It also depends on how much your personal time is worth.
Hope this helps.
We use attorneys routinely here..............apparently in CA, where you are, you don't!
You are asking for a legal opinion, and really, no Realtor can or should give that, whether they are from NJ or CA.
As of this morning, I agree to sign the new addendum to transfer security deposit to me and release the sellers from his lease with current tenants if the agent agrees to have an addendum paying for the repair fee of $1000.00 which he previously agreed to. But the agent is not doing so. What it boils down to, I believe, is the agent is trying to get away with the repair fee.
I do have emails from him stating that he will pay for the repair. These emails were carbon copy to escrow as well but escrow advised me that they canâ€™t state it in the HUD because the agent is no longer agree to the $1000.00 but $400.00 instead.
Yes, I agree that I need any attorney but Iâ€™m uncertain if I would come out ahead because the attorney fee could exceed $1000.00
I would appreciate it if you can let me know if I have any legal ground on this.
Where is you real estate attorney?.....If you do not have one get one pronto....You should have signed a duel agency agreement with the sellers agent if they are representing both parties. They owe absolute honest representation to both the seller and buyer...Duel agency can work with a good agent, but like in any other line of work there is the good, the bad and the ugly.
I am Sorry you are having trouble......Attorney, Attorney, .....
Good luck, smiles
There are a lot of questions. Make sure you have an attorney who is representing you.
Licensed Associate Broker
Douglas Elliman Real Estate
New York's #1 Real Estate Broker
I hope this helps you out. Good luck with your closing.
Bill Farragher EXIT Blue Water Realty
Cell 201-892-5640 Off 732-696-8090
In my area we use attorneys for our closings., so all you'd have to do is ask your attorney.
It doesn't sound like you have one.
My second question to you is....didn't you get ANY of these agreements (regarding the monthly rent and the agent's $1000 repair credit) in WRITING?
The agent and the sellers can't just "cancel" written agreements.......please don't say all of this was verbal!
Just what kind of contract are you working with?
In addition - just so you know - legally the agent MUST send any written offers to the sellers.........the sellers may or may not be in a position to accept another offer, but they still have to be made aware of the existence of other offers.
Not sure what kind of agent you're working with, but something isn't right here (based on what you shared)........if he or she has a Broker - I'd sit down right away, and have a conversation with him or her.
Your other option is to call an attorney so that you have some representation.
I am afraid to ask who is holding your earnest money.........