How to deal with incompetent seller's agent?

Asked by Gen Urbano, Los Angeles, CA Tue Dec 17, 2013

Signed a 60 day escrow 30 days with seller. Were supposed to close on jan 3rd. My lease at the house im.currently renting is set ro expire on the 5th of Jan. Unfortunately, seller is still in the market for a home. Their realtor is not communicating with us. Im 2 weeks short to closing and we still have to perform repair to satisfy FHA appraisal requirements. He gets upset when my agrnt reaches out to him on a Sunday. This is really frustrating. What can I do? Help please? Thanks!

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Kawain Payne, Agent, Seal Beach, CA
Sat Jan 11, 2014
Sounds like your deal is contingent on seller finding a replacement home. If this is the case unless the seller finds another home your deal can not close. I am basing this on your note above that Seller is still in the market for a home.

I must admit I do not work on Sundays. I do not return calls or check emails on Sundays. If this is an issue with the seller's agent, your agent should respect that.

If you entered a deal which is contingent on seller finding another home, you will have to be patient and hang in there until they find a home. You will not be able to close until they find one.

Try not to get frustrated... in a case with this type of contingency you will have to be patient.
It could take a while.

Best Regards,
Kawain Payne, Realtor
0 votes
Gen Urbano, Home Buyer, Los Angeles, CA
Wed Dec 18, 2013
The biggest issue I have is that the agent does not respond at all to any inquiries. He keeps us guessing and every single day. Also, initial escrow was supposed to close 3rd of dec. We extended it another 30 day and still no idea if we will close or not.
0 votes
I know that this isn't what you want to hear but since it is contingent on the seller finding a home to purchase & they haven't found one yet, you should ask your current landlord for at least a 3 month extension. And after you get your extension, I would suggest that you start looking at other homes to purchase- preferably one that will not include this same seller's contingency, because if this seller decides that they can not find a replacement home of their own, they may just decide not to sell or to continue to look indefinitely.
Good luck.
Flag Thu Dec 19, 2013
Gen Urbano, Home Buyer, Los Angeles, CA
Wed Dec 18, 2013
It is contingent based on seller finding a home. Buyer mentioned that theyre serious abput seller the hoise but they only started their search last week. That makes it 3 weeks prior to our closing date.
True somebody said I can rent the property to them, but how about inconvenience the situation is costing me?

Annette, I know the meaning of the word and the agent fits description perfectly. I am not looking to blame anyone but as I am sure youll be sitting nice and comfortable in your home while I and my 8yr old could be homeless.
0 votes
Barbara Gran…, Agent, Anaheim, CA
Wed Dec 18, 2013
Hi Gen,

As already stated, there are specific steps to take when a party is not performing per the terms of the contract. Please discuss those with your agent.

However, I am concerned about the fact that the seller "is still in the market for a home". Was the contract contingent upon them finding a replacement property? If so, that could present a whole different set of problems.

Have your agent contact the seller's agent as soon as possible to get the answers you need. If the seller's agent is unresponsive, contact his/her broker.


Best of luck,

Barbara Grandolfo
0 votes
Cindy Davis, Agent, San Diego, CA
Wed Dec 18, 2013
I agree with the suggestion to get your respective broker's involved. Sometimes, new personalities can make a difference.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Wed Dec 18, 2013
Reassess your use of the word incompetent?
Then start over.
There are solutions, but not for those who look to blame others for everything.
0 votes
Christopher…, Agent, Tarrytown, NY
Wed Dec 18, 2013
Speak to their principal broker or office manager...

Chris
0 votes
Bill Eckler, Agent, Venice, FL
Wed Dec 18, 2013
Gen,

I hear your frustration.....unfortunately, this is not a rare circumstance. It's likely the seller's realtor is as frustrated as you because they are in need of this information as well. The agent knows that things are not moving as they should but may not have access to the answers you require because the seller isn't communicating with them. Agents are only as good as the information they have access to and in this case that lack of information is a huge problem.

My recommendation is to allow the agents to advocate for your closing with your encouragement but to continue to fullfill your end of the purchase agreement so that YOU will be able to close according to the contract specified date.

I would enter into conversations with your landlord to extend your lease agreement in the event you are not able to close as scheduled. As usual, it's always best to hope for the best but plan for the worst.

Good luck,

Bill
0 votes
Walter 'Skip'…, Agent, Brea, CA
Wed Dec 18, 2013
The standard purchase contract has very specific steps that can be taken when one or both parties fail to perform. Please discuss these steps with your agent and then take the appropriate actions.
Good luck,
0 votes
Trevolyn Hai…, Agent, Highland, CA
Tue Dec 17, 2013
The problem may not be that the seller's agent is incompetent but that he is following the instructions of his client /the seller: which probably are get more time.

Does the seller have a contingency to purchase a new property? (This would not be unusual for a seller to have, especially in this market where there is little inventory and everyone is receiving multiple offers). If he does you maybe out of luck.

You need to go over the purchase contract with your agent and discuss your options and call your current landlord to see if you can get an extension.
0 votes
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