Home Selling in Redwood City>Question Details

Dawn Dann, Home Seller in California

Do I have grounds to file a formal complaint on the buyer's realtor based on unauthorized entry?

Asked by Dawn Dann, California Sun Jan 4, 2009

I am in contract to sell a home in California. I accepted a lower offer, with condition of buyer paying for termite treatment. They countered with an" as is offer," with buyer realtor stating no termite clearance needed for sale. Buyer's realtor then authorized shutoff of gas utilities to home, and was preparing to have house tented and termite treatment done, with NO AGREEMENT in place that the buyer had the right to do this. There was no notification to my realtor that this was occurring. The termite treatment would have been completed without seller authorization, if not caught by a neighbor, who notified me (seller) of the occurence. The delays that resulted, also delayed closing of sale, which will result in my having to pay additional capital gains tax. Do I have grounds for filing a formal complaint, where do I do this, and am I able to suspend payment of her commission until the matter is addressed?

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8
Dawn,

We are truly sorry for your difficulties. This may be a legal issue best referred to an attorney.

As described it does appear there may have been unauthorized activity. Our recommendation is to collect your facts and schedule a meeting with your agent and the seller's agent to review this sinerio. Hopefully, a positive direction will result from this exchange.
1 vote Thank Flag Link Sun Jan 4, 2009
Dawn wants to file a formal complaint as the question asks, not to talk to the broker.
1 vote Thank Flag Link Sun Jan 4, 2009
I am not from your area but I would start at one of two places: your lawyer or the San Mateo Realtors assn here is a link to the dispute section of the assn.

http://www.samcar.org/index.cfm/dispute_resolution.htm
1 vote Thank Flag Link Sun Jan 4, 2009
WOW, WOW, speak with your listing agent or listing agent broker regarding behavior of buyers agent. IF ALL IS TRUE would need a signed authorization from you (seller) to have any work completed on home indicating specifications, date, time and etc.

Formal notification would be sent to board and state. Listing agent could provide you those locations contact numbers, address
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Sun Jan 4, 2009
Dawn
What does your Realtor say?
What does their broker say?

The buyer's Realtor is not able to authorize shut off of the utilties because they are not on title.

They ARE able to turn them off (gas shut off) for tenting. IF the treatment is authorized.

It sounds to me as though there is miscommunication, not intentional damage.

Your REaltor or attorney is the best person to ask...not us.
0 votes Thank Flag Link Sun Jan 4, 2009
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
Did your home already close? If so commission has been paid. I would do as Pat suggests and go to the buyers agents broker and tell him what happened and what it cost you and see if he is willing to do anything. After that check in with Samcar and ask about arbitration as you most likely agreed to go that route.(confirm on your agreement first) Sorry you had problems, they never should have attempted work without permission.
Web Reference: http://ww.maui4rent.com
0 votes Thank Flag Link Sun Jan 4, 2009
Dawn,

I am not an attorney. Anytime there is a dispute, it is typically first elevated to both parties brokers. It might be resolved between you the seller, brokers, and buyer via compensation etc. but it is dependent on what your contract states regarding the handling of disputes.

Good luck.
CJ
Web Reference: http://www.TalkToCJ.com
0 votes Thank Flag Link Sun Jan 4, 2009
Hi Dawn,

Without knowing the speicifics, or being a party to the transaction, what I can tell you is the first step would be to contact the Realtor's Broker. If this does not result in an agreeable conclusion, for all parties, each state has different laws governing the complaint process. I would suggest contacting your local Realtor Association to find out what the next step would be. You can slo contact the National Association of Realtors. It may be that there was a miscommunication, or misunderstanding.

The home buying/selling process can often be stressful enough, so I am sorry that you are having this experience. Good luck!
0 votes Thank Flag Link Sun Jan 4, 2009
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