Kelly Gidzinski

Hi Tulipia,

You should drive the area at different times of the day and on weekdays and weekends to determine if you like the neighborhood or not. These homes are located in Upper Darby Township with a Clifton Heights postal zip code. They are also located within the Upper Darby School District, with the two closest elementary schools being Westbrook Park Elementary and Primos Elementary. You should check with the school district to see which elementary school these homes will be placed with.

As far as the asking price.... I just did a quick search for active existing (not new construction) twin homes in the 19018 zip code and found 14 homes priced from $76,000 to $180,000 with most of the homes going in the $130,000 to $160,000 range. The home priced at $76,000 needs TLC and the home priced at $180,000 is completely renovated. There are also 2 new home listings not far from these homes in Drexel Hill zip code asking $209,900. Therefore, the asking price of $179,900 fits in with the market of that area.

I am a local realtor, living in Clifton Heights, and would be happy to help you look for your next home. In addition to my normal buyer and seller services, I also specialize in working with 1st time buyers and clients looking for energy efficient and "green" homes. I am a certified Ecosociate through EcoBroker. Visit my website for more info. on 1st time buyer programs, info. on energy efficient tax incentives and more.

Best wishes in your home search.

Kelly Gidzinski
Realtor & Certified Ecosociate by EcoBroker
Long & Foster Real Estate Inc. - Mon May 11 2009, 13:22

Excellent question. Because we haven't pushed hard enough and loud enough for it yet. Here's an idea...
http://my.socialactions.com/profiles/blogs/facebook-ning-for…
http://my.socialactions.com/profiles/blogs/top-5-ways-you-can-use

Now let's band together and get it done. :-) Friend me on facebook.

Kelly Gidzinski - Fri Feb 6 2009, 17:42

Wow. I'm not really sure what was meant by "unique property." I honestly have not come across that situation. If I had been your agent, I would have immediately involved my broker of record for her guidance and advice. I also don't understand why because you choose not to sign an extension you are at fault for the sale not occurring. I'm not an attorney or a broker, but I lean toward Sharon on this in that the house did not appraise. Although I am neither an attorney or a broker. That's just my feeling on it with the information I have.

I understand your feelings on mediation, however you are bound by the contract you signed. If you don't then you will be breaching that term in the contract. Your agent should have better explained the mediation clause to you so that you could've opted out.

I understand your friend is helping you and that you don't have more money to shell out for an attorney. That was part of the reason mediation was created and added into the agreement of sale. It is a way for you to try to resolve your issue with the seller out of court and without out an attorney if you choose. It isn't binding, so if you do not like the outcome you can go forth with legal actions. I know it hurts, but you should give mediation a try. The seller will not have a change of heart and decide to release your deposit money. You are correct in that it may take a while to get another contract or worse he could decide not to sell.

It sounds like your options are:
1) offer the seller to split the deposit in half with you and be done.
2) go to mediation where you may come to a resolution.
3) wait it out like your attorney has suggested.
4) try to find a way to move forward with the sale either by challenging the appraisal if you can or with another kind of loan.

I don't know all the details to how your agent acted or didn't act on your behalf, however it does sound like further investigation should be taken. If your agent acted inappropriately, more than likely it was a violation of the Realtor code of ethics and not necessarily PA licensing law. Below are links to both the PA Assoc. of Realtors ethics complaints section of their website and the PA Dept. of State Bureau of Occupational Affairs complaints page. Before you lodge a complaint, review the code of ethics (linked on the site in blue) and then make another effort to speak with your agent's broker of record. He or she is responsible for your agent's actions or inactions. Since your agent is unwilling to step up and push on your behalf, then maybe the broker will, or at least explain to you in greater detail why the seller has a right to your deposit money if any. Who knows, the broker may even have their attorney step in and help you out. Remember though, you always catch more flies with honey than vinegar. Tread lightly and politely even though you are probably raging mad.

http://www.parealtor.org/content/file_ethics_complaint.htm

http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&Q=432617

Good luck. - Mon Jan 26 2009, 18:40

Hi Lisa,

From what you've said it sounds like your appraisal value did not meet the contract price. Is that correct?

If you have met all of the contingencies and obligations on your end of the agreement of sale, then I would think that you are entitled to your deposit money back. However, if your agent did not properly follow the correct steps called for in your situation then there may be a case for the seller to keep your deposit. I am not an attorney so I can't speak to whether that is the case or not. It's unusual in my experience for sellers to refuse the deposit money to the buyer without good reason to think the buyer failed to meet their obligations.

I am concerned for you that your attorney isn't giving you more information on the situation. Just like the other agents have stated, why does your attorney want to wait it out? What is he/she doing to help you resolve the situation? Inanna is correct in saying that the seller cannot technically enter into another contract. BUT, the key word here is technichally. There is nothing stopping the seller from taking the gamble you won't do anythiing about it if he/she enters into another contract. Once the seller settles with another buyer, your recourse to get your money back gets more difficult as you don't have anything to hold over him/her like the real estate.

You should definitely have a real estate attorney representing you. I would discuss with your attorney filing a lis pendens on the property. That will show up in the title search that a new buyer's title company will perform. I believe it will prevent the seller from settling with another buyer until your issue is resolved since the new buyer can't get clear title until you do. The seller has no reason to bring this situation to a head. He/she can just sit back and be satisified that you don't have your money or hope that you will split it in half with him. When there is a dispute regarding the disposition of the earnest money deposit, no one can touch that money until buyer and seller both agree on how the money is to be dispersed or a judge issues a ruling on it. Since you and the seller are obviously at a standstill on it, it will be up to you to force the issue in court. I would also speak to your attorney about whether your agent properly represented you.

One final note... If your agent used the PA Assoc. of Realtors agreement of sale form, then the agreement is defaulted to mediation unless you checked otherwise. If that is the case, you need to start the process of mediation first. Check your agreement of sale for the mediation section. It's located near the end before the signature page and not in the notices section.

Best wishes in this situation.

Kelly Gidzinski
Long & Foster Real Estate, Inc.
Office 610-353-1199 - Sat Jan 24 2009, 07:24

Hi,

I recomend you research agents who work in that area of the city. I know you aren't looking for an agent who represents you and the seller, but I would start with agents who have current or recent listings in the neighborhood. Pick listings that you aren't interested in to try to avoid dual agency. Interview a few agents and tell them you aren't comfortable with dual agency. Pick the agent you feel is the most qualified.

I personally offer new buyer clients an initial trial period to work with me. I usually do a 2 week buyer agency contract with them to give us both time to see if we are a good fit. If we aren't then we go our seperate ways or we extend the contract for a longer period. Usually 3 months. I find that my clients love the opportunity to try me out. I think you should try it with the agent you think is the best fit for you and your needs.

I loved living in University city. Happy house hunting. Feel free to contact me if you have any other questions or would like to interview me to assist you.

Sincerely,

Kelly Gidzinski
Long & Foster - Wed Jan 21 2009, 19:51

My recomendation is point2agent. I used the free version for a long time then went to the lowest pay for level. I switched briefly to another company that was incredibly more expensive. Big mistake and a waste of money. Point2 doesn't charge a huge set up fee and the monthly fee is very low. You can customize it however you want. There is a lot of freedom with what you put up there without having to pay them to do it for you. Also they have the listings handshake which allows you to display more listings than just your own. Works sort of like a mini MLS. You will get out of it what you put into it. The bulk of my new business comes from my website. I find converting leads to business is about keeping in touch with them and cultivating them. When you purchase the paid for level it tracks your visitors for you and you can judge more effectively what is working and what is not. Good luck. - Tue Jan 20 2009, 08:46