Home Selling in 78745>Question Details

Carolyn Smith, Other/Just Looking in 78745

I received an email that might not have been meant for me..an agent emailed my agent (same office) that he

Asked by Carolyn Smith, 78745 Fri Nov 9, 2007

had told the buyer she would have to replace the roof entirely in a couple of years & he thought I should put up 7000 toward future repairs at closing. This clearly sounds like conflict of interest in the same office. One's for the buyer & one supposedly for the seller.

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If the agents worked for different brokers, the same dialogue would be exchanged. The agent who is working with the buyer is communicating needed repair items and proposing a solution. The only odd thing is that this came to the you, the seller, not your agent.

Is there any possibility that your agent forwarded this to you rather than it came directly from the agent working w/ the buyer?

I don't see any problem with the dialogue itself.
2 votes Thank Flag Link Fri Nov 9, 2007
Deborah Madey, Real Estate Pro in Brick, NJ
MVP'08
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You may not have received the email by mistake. They may have cc'd you so that you would be aware of what negotiations are being hashed out. The buyers of course would like some help replacing the roof. That does not mean that you don't have a say. If you were buying a home that had a limited life expectancy on the roof, and you had a good agent, they would try to negotiate a deal for you to get some help on the roof as you would likely have to replace it in 2 years. Everything is negotiable in real estate. Have an open mind and don't negotiate more than you can.
2 votes Thank Flag Link Fri Nov 9, 2007
Hmm, I am thinking in the same vein as Deborah here. An agent is an agent, it doesnt matter what office. I dont see a conflict of interest here. It sounds like common dialoge between agents that are trying to bring buyer and seller to "meeting of the minds" . The agent representing the potential buyer is doing their job for the buyer. This feedback being shared with your agent seems acceptable to me. As a matter of practice my office/company actually always asks for feedback from a showing/buyers agent. This information is OFTEN used to re-evaluate the asking price, or repairs needed. or even just the buyers or buyers agents opinion of how the house looks, etc. We often share htis info with our sellers, so they can see that the inofrmation is coming from either other professionals in the field, or the potential buyers, both of which probably have seen a lot of houses possibly in the same price range and neighborhood. This feedback is very valuable. I suggest you ask your agent how it came to you. They may have intentionally shared it with you so you knew the feedback they were getting. It is not uncommon for monies to be escrowed for repairs, however, it is more common to simply make an adjustment of the selling price, or give a concession back at closing for the repairs. Is part of the issue here that you dont agree with the NEED for the repairs or the cost involved?
1 vote Thank Flag Link Fri Nov 9, 2007
How did that other agent know your email address? Normally the buyers agent would have the listing agents email and not the sellers email.

From what I understand of the situation, the buyers agent is letting your listing agent know that the roof is bad and that her buyers need $7000 towards future repairs at closing. That is 100% expected.

When I represent a buyer and something needs to be fixed, I advise my buyer. Your listing agent is working for you, the seller, and the buyer's agent is working for the buyer. If the life on the roof is looking very grim, I would call the listing agent and/or email her to tell her what my buyers said. This is communication between both the buyers and sellers through the agents. Unless there is more to this story, I doubt this is a conflict of interest.
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1 vote Thank Flag Link Fri Nov 9, 2007
It sounds like this all goes back to agency.

Your agency agreement probably discloses that this particular office has multiple agents, meaning not all the agents within this office work for you NOR are they privy or allowed to access your file.

For example, there may be 500 "ABC Real Estate Agency" agents, but the only one that works for you is the one you signed agency with. And if another "ABC" agent brings a buyer they only work for the buyer.

In most cases, real estate agents are independently contracted and although we work for the same office we don't share files or clients. We solely work for our client and our client's interest.

Lastly, call your agent and ask why you received this email if you are worried or confused. Open and honest communication is always the best.
Susan Walker
1 vote Thank Flag Link Fri Nov 9, 2007
Carolyn,

Sounds like an agent negotiating for his/her client. If there are roof problems, maybe you should get an inspection and take care of repairs?? Hopefully doing this up front will cost less than $7,000.
1 vote Thank Flag Link Fri Nov 9, 2007
Carolyn,
You are listed as "just looking." From you question, I assume you have your home listed for sale... This is not a conflict of interest. It is a negotiation. Your agent represents your interests, the other agent represents the buyers interests. It really is that simple. Perhaps when you signed your listing agreement, you failed to understand the legal implications of differing types of "agency relationships"? The legal terms of such can be difficult to understand (it's even sometimes tough for new licensees). The only possible issue I can infer from your question is that there MAY be a conflict of interest IF the incorrect "agency relationship" was established between you and your listing broker. Since "agency relationship" is defined differently from state to state; I will stop here and wait for a Texas REALTOR to chime in...
1 vote Thank Flag Link Fri Nov 9, 2007
When buying or selling do yourself a favor and hire a thrid party inspector of your choosing. Agents are not licensed inspectors and should not speculate to what needs to be repaired or the cost to repairs. Agents should not be communicating directly with another client without authorization. Doing so can result in misinterpretations, misunderstandings and unnecessary problems.
0 votes Thank Flag Link Mon Dec 3, 2007
I'm sure the other agent got your email address off of the offer...I believe it's page 6 or 7...by accident. I don't see a conflict of interest...one agent is working for you and one agent is working for the buyer and I'm sure they are both negoiating to get the best deal for their own client. Remember everything is negotiable...if you're the seller, I'd inquire as to how the agent made that determination...is he a Realtor or a roofer or is it based off of an inspection report? Get about three roofing companies to give you a free estimate and go from there.
0 votes Thank Flag Link Tue Nov 27, 2007
What it appears you are talking about is Intermediary relationship, as it sounds like the Broker appointed someon the represent the other party which is not a problem. Each agent is supposed to hold their clients infromation on a confidental basis nad not communicate directly with the other agents client.

Not having all the facts or knowing all the details, you may want to contact the actual Broker in name for that company. If you get no where you might want to contact the local Board of Realtors(r) for their advice.
0 votes Thank Flag Link Sat Nov 10, 2007
I just sold one of my listings that needs a new roof in a few years. 99% of the agents and buyers pointed that fact out. It's a noticable fact. It could also be the buyers noticed the roof and asked their agent to put that ito their offer.
0 votes Thank Flag Link Fri Nov 9, 2007
I'm not sure exactly what your question is, but we do have specific agency rules in Texas. You should probably discuss this with the agent directly and if needed with the broker or office manager to resolve any conflict. You may or may not want to be represented by the same broker as the seller.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Fri Nov 9, 2007
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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Hi Carolyn:

Unless a realtor works for himself, or work for a very small brokerage, the majority of the time his office or brokerage will have many Realtors. For me, a local firm, my brokerage has about 500 agents. As we are also one of the most successful companies locally, agents in the same brokerage often ended up have clients who want to buy listings under our own brokerage.

As long as there are two agents, one represent each side, it's generally O.K. Although in CA, the first thing we do is to ask our clients sign disclosure about possible dual agency or the same brokerage representing more than one buyer or sellers. If your agent has explained the possibly to you beforehand, this might not be as big a concern to you.

I agree with Bridgett, what the buyers agent is doing is probably telling your agent what his client thinks about the inspection issue (roof) and how to remedy that - it's a negotiation process from both sides.

Unfortunately, you, instead, of your agent received the email, and your agent did not have the chance yet to explain to you what is going on.

Again, both are normal situation, but the lack of disclosure upfront and misfortune of mixed up email certainly make the situation seem worse for you.

Hope this helped.

Sylvia
0 votes Thank Flag Link Fri Nov 9, 2007
Sylvia Barry,…, Real Estate Pro in Marin, CA
MVP'08
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Hello Carolyn. You should have been advised of the possibility that an agent from the same brokerage might bring a buyer. If you did not want that possibility, then you'd limit your property being shown only by agents that do not work for the same company as the listing brokerage. Most sellers want their property to be shown by as many agents as possible, especially in todays slower market. I would be more concerned if the listing agent also represented the buyer, which is theoretically possible.
Web Reference: http://www.themlshub.com
0 votes Thank Flag Link Fri Nov 9, 2007
Ute Ferdig -…, Real Estate Pro in New Castle, DE
MVP'08
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