Dolly, Home Buyer in Cleveland Heights, OH

Realtor is threatening over a sheriff auction property

Asked by Dolly, Cleveland Heights, OH Tue Nov 17, 2009

I have bought a property in Sheriff Sale. I have alone put in lots of efforts to find out about the property like inquiring with neighbors, finding out the property taxes, finding out the dues on the property.I went alone to bid the property on Sheriff Sale Auction and No Realtor was involved into this sale. My closing is done and i have received the deed from the sheriff's office.
Previously one realtor was showing me some houses but i didn't liked it. Now when i myself bought the property in Sheriff Sale auction, realtor is asking for his commission on this property and also he wants money for spending hours to show me the houses.
Since he was not involved into the auction, i told him that there should not be any commission as he was not at all involved in the entire buying process (From Searching till Closing the Property).
The Realtor is threatening me that he will take me to the court with his attorney and asking for buyers and sellers commission.

Please suggest.

Help the community by answering this question:

+ web reference
Web reference:

Answers

12
Don Tepper, Agent, Burke, VA
Tue Nov 17, 2009
The question--the only question--is whether you signed a buyer's agreement with the agent. And specifically, you say:

"I have alone put in lots of efforts to find out about the property like inquiring with neighbors, finding out the property taxes, finding out the dues on the property."
COMMENT: It doesn't matter who did that activity.

"I went alone to bid the property on Sheriff Sale Auction and No Realtor was involved into this sale."
COMMENT: It doesn't matter.

"My closing is done and i have received the deed from the sheriff's office."
COMMENT: Congratulations.

"Previously one realtor was showing me some houses but i didn't liked it."
COMMENT: That's OK. But did you sign a buyer's agreement?

"Now when i myself bought the property in Sheriff Sale auction, realtor is asking for his commission on this property and also he wants money for spending hours to show me the houses."
COMMENT: The agent isn't owed any money for spending hours showing you houses you didn't buy. However, if you signed a buyer's agreement--agreeing to pay a commission on any house you purchased during a specified time frame (unless you were represented by another agent)--then you owe the commission based on your purchase.

"Since he was not involved into the auction, i told him that there should not be any commission as he was not at all involved in the entire buying process (From Searching till Closing the Property)."
COMMENT: You can tell him whatever you like. But the commission doesn't arise from the level of effort. It stems from a purchase if you agreed to pay a commission for any property purchased during a specified time frame.

"The Realtor is threatening me that he will take me to the court with his attorney and asking for buyers and sellers commission."
COMMENT: If you signed a buyer's agreement, then you've agreed to pay a commission. Check your documents to see if this includes a full commission, or only the commission on the buyer's behalf.

You might also want to talk to the agent's managing broker. But if you did sign a buyer's agreement, you may also want to speak to an attorney.
2 votes
Stan Batters…, , Phoenix, AZ
Wed Nov 18, 2009
Hi Dolly

Did you call his Broker of the company and explain the situation to them?
Try that and see if it helps.
You might have to consult with a lawyer if they persist and I would tell them that you are consulting with you lawyer as to dealing with these threts.
1 vote
John Stimson, Agent, Oklahoma City, OK
Tue Nov 17, 2009
Dolly,
If you didn't sign any kind of agreement then you are in the clear. If you did, you may owe a commission but before you write a check call the Realtor's Broker. Let the Broker know that you were not satisfied with the service you were provided and you located a property on your own and have purchased it with no assistance from a Realtor. If that doesn't fly then I would bet you could pay the Realtor to cover the gas and a little bit for his time and be done with it.
1 vote
Amy & Dan Sc…, Agent, cleveland, OH
Tue Nov 17, 2009
Dolly, as many have mentioned previously, if you signed a buyers agency agreement, you may be held liable for the commission. Otherwise, procurring cause here in Ohio is a difficult thing for an agent to prove, so I wouldn't let the agent bully you too much. You may want to consult with a real estate attorney before doing anything. On a side note, did the agent give you the proper state and federal disclosures? Does he have a copy in his possession signed by you? If not, and that agent failed to give them to you, then he could be in violation and this is something that you should bring up to your attorney. Coming up with a quick and peaceful resolution is always best, so I wish you good luck on this.
Web Reference:  http://www.schumanteam.com
1 vote
Dan Chase, Home Buyer, Texas City, TX
Tue Nov 17, 2009
If the realtor does take you to court ask for a jury. I bet 12 normal people would say that you got hoodwinked into that contract especially if the agent did not explain it to you. On the other hand, sometimes contracts can get you in serious trouble.
1 vote
Stan Batters…, , Phoenix, AZ
Tue Nov 17, 2009
Hi Dolly as long as you didn't garentee that you would pay a commision the realtor is out of luck.
I would call the realtors broker and tell them the tactics that they are trying to pull on you.
I know it is frustrating when you show a client lots of houses and then they buy at an auction but that is life.
Let me know what you find out.
sbattersby@cox.net
1 vote
Voices Member, , Benton County, OR
Wed Nov 18, 2009
Dolly

As Stan asked, Does he have or did you speak to his Broker?

Are you positive he has an RE license?

You could see if you get another opinion here...
http://www.justanswer.com/law

If it was me I'd already be filling out the complaint form to the State...http://www.com.ohio.gov/real/docs/real_COM_3688_RE_Complaint…

Please know I claim no expertise but I'd be so angry by know I'd be trying to put him out of business..

Anyway keep us informed and Good Luck
Dunes
0 votes
Dolly, Home Buyer, Cleveland Heights, OH
Wed Nov 18, 2009
THANKS A LOT dunes,jes sierra,john stimson,amy and dan, don tepper,stan battersby........for your valuable suggestions .
i have confirmed that there is no written aggreement with the realtor..........
now agent is saying that he has shown me the foreclosure property earliar and he has 3 , 4 witnesess, he is telling lie and threatening me.i donot know from where wittness are going to come because he has never shown me the foreclosure property......
please suggest me what should i do?
0 votes
Voices Member, , Benton County, OR
Tue Nov 17, 2009
Dolly

Sounds like you may want to give this a look also, it is the complaint form and information for filing a complaint with the State....http://www.com.ohio.gov/real/docs/real_COM_3688_RE_Complaint…
0 votes
Jesse Sierra, Agent, Pomona, CA
Tue Nov 17, 2009
Hi Dolly,
It's sad to hear that a Realtor® has brought you some unwanted drama.
Did he show you the property you bought at the Sherrif's sale?
If not, there is no commission due.

And, talk to his broker, tell them what is going on with their agent.
I don't think he will take you to court, it will take maybe about two years to square this off.
And I think that he doesn't have the funds to pay for the judge's time, legal fees and representation. Since you had to go pick him up and drive him around.
Agents like him give us ethical Realtors® a bad name.


Best wishes,
Jes Sierra, B.Sc.
Realtor®
Century 21 Beachside Realtors®
Chino Hills, Ca
0 votes
Dolly, Home Buyer, Cleveland Heights, OH
Tue Nov 17, 2009
This is Dolly again. The realtor didn't spent a single penny on the gas. In fact i used to pick realtor from a designated place (which he specified) and drop realtor after the showing of the houses. Realtor once said that he'll fill in my car tank but never did that.

I told him my requirements but he only used to send me the listings and then i had to filter out the properties based on the my preliminary requirements. More than 50 - 60% of properties are out of my requirements. He never disclosed and discussed about the buyers agreement and i am not sure by fraud he has taken my signature or not.
0 votes
Voices Member, , Benton County, OR
Tue Nov 17, 2009
Dolly

Did you sign some type of buyers agreement with this Agent (Realtor?) how many homes did they show you and how much time did they spend with you?

Dolly this is just a weird scenario so I hope some Agents jump in and maybe help explain things as I'm very curious what their take on this type of scenario is....
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more