Do I need to proactively pursue all of the documentation in a purchase agreement?

Susan
Home Seller
San Diego, CA

Or does the agent have an obligation to send it to me? I did not receive the letter of prequalification until I asked for it. Also, even though I'm supposed to select the inspection services, they've gone forward with the termite inspection and have an appraisal scheduled without consulting me.
What recourse do I have?

Answers (8)
Joan Wilson
Agent
San Diego, CA

As long as they pay for the termite...that's ok. Tell the agent, you will schedule one with your vendor. The appraisal, should be paid for by the buyer...and belongs to the buyer, so they pay for that. Are you representing yourself?

Best of luck and let me know if I can help,
Joan Wilson –Realtor, Ecobroker, SRES, Reo & Short Sale Specialist
Prudential license # 01341483
760-757-3468

Sun Jul 5 2009, 20:24
Robert Sanchez
Agent
El Cajon, CA

You should recieve any disclosures that u sign for your records.Don't need to chase them down, yes he should give you a set.Your agent should have shown it to you once he presented the offer to you.and show that this buyer is well qualified.It is ok on the termite you want to see what your up against if any repairs need to be done prior to the sale making sure if any termite damage you can get it repaired quickly.
Seems like their is no communication going on here.with your Agent and your self.you need to sit him down and let him know they need to consult with you first period.
If that continues contact his BROKER OF RECORD and let him know your not happy about his ethics.
Great Happy Selling.

Sat Jul 4 2009, 07:15
Patti Phillips
Agent
Carlsbad, CA

Susan, As the seller you should definately have had a say- and some discussion with your agent. Usually that is something that is discussed upon the listing, as many clients have a company they have already been working with, and you possibly save some money on the inspection, if you have an ongoing relationship with a pest control company.

As far as the appraisal, that is usually set up by the buyer's lender, and your agent usually just makes you aware of when the appraisal is set up. Same with the home inspection. It is set up by the buyer, and as "time is of the essence" with our contracts, they usually try to get someone in as soon as possible. When I am dealing with my sellers, I make them aware of the process of how things will work once we are in escrow. Some of these things should have been discussed by your agent long before you went into escrow.

The pre-qual letter is usually submitted with the offer, or at least before the offer is accepted. I'm not sure what happened there....

You need to have a serious discussion with your agent, letting him/her know that you have been disappointed with your communication. Let them know that you want to know the timeline of upcoming procedures, so that you are informed. If that doesn't seem to work to your satisfaction, then you may want to talk to your agent's broker. Hopefully that will never need to happen.

I hope that you will be able to work out your dissatisfaction, and the rest of the transaction is more to your liking!

Patti Phillips
2007 President, North San Diego County Women's Council of Realtor's
800-680-9133

Sun Nov 18 2007, 22:18
Wendy Taylor, C...
Agent
Beverly Hills, CA

You might want to ask your Agent if she could put all of the documents on a password protected site on the Internet. You didn't mention which company your Agent represents, some companies have this service, also some MLS provide this service and the Agent could also pursue an independent company that can do this for your transaction.

Please let your Agent know that you want ALL documentation. The letter of prequalification should have been presented with the offer from the Buyer. The inspections services that a seller selects should have been something that you had a say in. Please do bring this up with your Agent. The bank appraisal is an item the Buyer and her lender are responsible with your cooperation in regards to when it is held.

I would urge you to inform your Agent that you want better communication.

Thu Nov 15 2007, 15:53
Sylvia Barry, M...
Agent
Marin County, CA

Hello Susan:

If you have a reputable Realtor, please do ask your Realtor for a time line with everything that should happen with the escrow process, who is responsible for what and the deadline for each. This is a standard process for us and your Realtors should have that.

Have your Realtor explain every item for you and follow up to make sure things are handled timely (Time is of Essence in real estate transactions). If you don't understand anything, ask again.

This should be easy for your Realtor.

Or is, are you For Sale By Owner? Is that why you are asking all these questions? Correct me if I am wrong, from your question, it sounds like you kind of know the kind of things that should happen with your transaction but not quite sure of the time frame, the procedure and the responsible parties to do that.

If that's the case, I strongly suggest that you find a Realtor to represent you, because making sure each step is done correctly and timely is extremely important for your home selling experience. There are just too many things that can happen in a home sale.

Best,
Sylvia .

Thu Nov 15 2007, 15:41
MaryAnn Morrar
Broker
San Diego, CA

I'm confused - are you the seller or the buyer? I normally see the buyer select the service providers that they want to use. If you are the seller you are entitled to copies of all inspection reports. If you are the seller then I would think you would be happy that the buyer is preforming thier duties. Are you using the Califronia Association of Realtors purchase agreement contract? If so it spells it all out for you.

Thu Nov 15 2007, 15:31
Naima Sumner
Agent
Dallas, TX

I am very curious as to why you as the seller have to select the inspection company. That is typically always the buyer's choice. I would see a conflict of interest to the contrary. A home inspection is totally elective. I always recommend it to buyers but nonetheless it is elective. The termite inspection is only required if the loan is FHA or VA. Typically the appraisal is performed after the home inspection so you may want to check with your agent if they are skipping it. Your agent is supposed to give you copies of the sales contract as well as the prequal letter as soon as executed.

Thu Nov 15 2007, 14:11
Realtyexec
Broker
San Jose, CA
FIRST ANSWER

You can ask for all the paperwork, but you will usually be signing a large amount of disclosures and the mentioned items will be in there. The Loan pre-approval is really nothing, and clients do not usually ask for this. I am guessing that your agent is making decisions for you, and im sure they are working in your best interest. If you want to be more involved in the decision making ask, communication is key. And also you need to distinguish the difference from your lender and the reator. The lender will provide you with appraisal usually after the deal closes, and the pre-approval letter. The Realtor handles the Termite. Communication communiciation, alot of buyers dont like to bother iwth those things, and some do just personal preference, and unless you ask they will usually do as they always do.

Good Luck

Thu Nov 15 2007, 14:07

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