Home Buying in West Hartford>Question Details

Mrcprc, Home Buyer in Connecticut

Dual representation from seller's agent okay if buyer is elderly immigrant with poor communic. and comprehen.

Asked by Mrcprc, Connecticut Thu Mar 12, 2009

I would like to discuss a matter of CT dual representation.

My mother, who lives in Farmington, is 77 years old. She is an immigrant, has poor command of English, has little ability to read and understand contracts, and is also hard of hearing.

She signed a contract recently to purchase a condo in West Hartford and put down $5000. She does not have a RE agent working solely on her behalf, or a RE attorney.

I have not read the contract yet; however, from my (difficult to comprehend) discussions with her, I believe that the seller’s realtor may be practicing dual representation.

A few days ago, she provided the bank with her completed loan application.

I believe that my mother has little comprehension of the paperwork she signed, and that the seller and his realtor are taking advantage of her lack of comprehension as well as her general temerity.

What is her recourse in backing out of the contract?

I would appreciate any input.

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Answers

4
Did your mother ever purchase the condo in West Hartford or did she get out of the deal?

Dual agency is an acceptable form of representation but because the agent has promised a duty of confidentiality, loyalty and full disclosure to both parties simultaneously, it is necessary to limit these duties in this situation, if both parties consent to dual agency law. This relationship involves the following limitations:

The Agent will deal with the Buyer and the Seller impartially

The Agent will have a duty of disclosure to both the Buyer and the Seller

The Agent will not disclose that the Buyer is willing to pay a price or agree to terms other than those contained in the Offer, or that the Seller is willing to accept a price or terms other than those contained in the Listing

The Agent will not disclose the motivation of the Buyer or the Seller to sell unless authorized by the Buyer or the Seller

The Agent will not disclose personal information about either the Buyer or the Seller unless authorized in writing

The Agent will disclose to the Buyer the defects about the physical condition of the Property known to the Agent

I realize you asked this question quite a long time ago but I would love to hear how the situation turned out.
0 votes Thank Flag Link Tue Jan 12, 2010
Your best bet is to contact the dual agent and her manager and sit down and discuss the situation. If your Mom really wants to get out of the contract, there are many ways. Ex: First is the inspections. If you don't come to terms, you can get out of the contract based on that.
However you shouldn't have to go that far. If you just explain the situation to the manager, I am sure they will release you. If not, get your attorney involved.

Hope this helps.....

Amanda
0 votes Thank Flag Link Thu Mar 12, 2009
Contact an attorney as soon as possible.
0 votes Thank Flag Link Thu Mar 12, 2009
Does she still want to purchase the home? In any case, I suggest you get a copy of the contract she signed (she should have one) and review it with her. Then, I suggest that she hire an attorney to help her review the contract she signed so she understands what her obligations are and what recourse she has. If you need a real estate atty in West Hartford, you can contact me and I'll pass along a name to you.
0 votes Thank Flag Link Thu Mar 12, 2009
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