Home Buying in Reseda>Question Details

Stephanie, Home Buyer in Reseda, CA

I have a ethical question.My husband and I are in escrow.We had a 10 day contingency period. We re-asked for

Asked by Stephanie, Reseda, CA Thu Aug 20, 2009

the oven and 1 other item to be fixed on the 10th day of our contingency period before we signed.The seller’s realtor came back and said they would fix it with their warranty plan plus give us $100 to fix the other item.Just recently we had asked our realtor who was out of town when all this was happening what ever happened with the items to be fixed we never got a formal document with those two new things listed like we were told we would.She checked it out and said that the other realtor said oh, I thought they had a warranty plan but they don’t so we are not fixing the oven but we said we would give $100. We already sent a list over and your lucky the sellers chose you because they had 7 other offers.I know legally they don’t have to fix the oven.But she said yes!This leads me to believe that she never discussed these 2 items with the sellers and answered for them.Thus misrepresenting them.We still don’t have the $100 in writing.

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Sara Mehrpouyan’s answer
You should get everything in writing. It should have been on what we call a Request for Repairs form.
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Thanks,
Sara Mehrpouyan CDPE
Rodeo Realty
Direct: 818-903-2040
Dre License #01712757
0 votes Thank Flag Link Tue Mar 6, 2012
My mother, legendary Silicon Valley real estate agent Judy Carr, had a famous saying, "The only agreement that counts is the written one in my hand today." If you released contingencies in writing with only a verbal agreement, it will be hard to formalize it. As others mentioned, have your agent and you talk with the listing agent that you only did so because you were relying on her professional ethics TO DO WHAT SHE SAID. Then be silent and see what she proposes. Otherwise, you can try speaking with her broker. Sadly, you may have just learned an expensive lesson.
0 votes Thank Flag Link Sun Sep 18, 2011
Difficult to state of "he said she said" unless you have it amendment to contract seller does not have comply with request.

Speak with your agent broker determine if you can resolve these issues.

Sorry hear about this.

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0 votes Thank Flag Link Fri Aug 21, 2009
Stephanie,
A verbal contract/agreement is unenforceable. It has to be in writing. I would contact your agents broker, and let them know what happened, you never know, they might bite the bullet for you.

Good luck!
0 votes Thank Flag Link Thu Aug 20, 2009
Hi Stephanie
It has to be in writting.
You can't contest if it's just a verbal agreement.

Have your agent set up a meeting with the sellers' and you can negotiate, before your 10 days are up.

Jes Sierra, B.Sc.
Realtor®
0 votes Thank Flag Link Thu Aug 20, 2009
Hi Stephanie,

It is not clear to me if you ended up signing the property condition/inspection contingency removal. If you did, you are telling the seller that you have inspected the property and are accepting its current condition including the appliances that are not working properly. Signing the contingency removal without getting the seller's concessions in writing leaves you with less negotiating power.

If you didn't sign it, DON"T until you receive the concessions you are expecting in writing. If you did sign, have your realtor continue to push for what was verbally promised and hopefully the sellers and/or seller's agent will do the right thing.

Best of Luck!
April Tavares, GRI, ASP
Realtor, DRE License #01742179
Web Reference: http://www.AprilTavares.com
0 votes Thank Flag Link Thu Aug 20, 2009
If I were the seller, I wouldn't want to drop the deal now for one of the other offers I didn't accept before. Don't take that threat too seriously.

Make sure that the repairs that you expect are done before you sign. It is amazing how people jump into action when the buyer says firmly that they need to do as agreed.
0 votes Thank Flag Link Thu Aug 20, 2009
The listing agent misrepresented home warranty terms as well. Home warranties do not repair items that are not working. An appliance must be working when you purchase and when it stops working you can submit a claim.
Ask your agent to resubmit the request for repairs and be specific about the amount you want. A CAR request for repair form has a signature line for the seller to agree or refuse. This is the document that should have been used from the start. Since you are this far into the contract without anything in writing it unlikely the seller will offer to pay. I would ask your realtor to discuss getting a consession from the listing realtor.
0 votes Thank Flag Link Thu Aug 20, 2009
Stephanie,

Have your agent put in writing and present it to the sellers for their signatures.
0 votes Thank Flag Link Thu Aug 20, 2009
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