I have a real estate that is preventing me from purchasing a home. Is this legal? What can i do about it?

Asked by Paul Cassella, Southampton, NY Sun Jul 14, 2013

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18
Paul Cassella, Home Buyer, Southampton, NY
Tue Aug 6, 2013
My lawyer says they can behave this way and there's nothing I can do about it. Very sad that a real estate would behave in this fashion. I hope some of you read my story and it touched a nerve because NO ONE deserves to be treated this way. I'll keep you posted on any developments. Thank you everyone for your insight I gained perspective from all of you
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Sun Jul 14, 2013
Look, this is a short sale - they are always filled with twists and turns.........and long waiting periods.
Has anyone explained to you how short sales work?

After reading your saga, I must say my head is spinning...........You want to put in another offer with a different agent?

Best advice I can offer is................sit down and discuss this with your attorney.....or find a home that isn't a short sale, and buy it in the usual manner.

Best wishes.........
0 votes
it would prove them lying to me. But i guess that's not possible. I'm not even to the bank yet and that's the longest part. What does the real estate agent have to gain by lying
Flag Sun Jul 14, 2013
Javier Menes…, Mortgage Broker Or Lender, Melville, NY
Sun Jul 14, 2013
Paul, I will say this, if the listing agent does not present ALL offers to the bank, regardless I how low or bad the offer is, if they don't present all of them to the bank, it's considered mortgage fraud in the eyes of the FBI, that's fact. There should never be anything along the lines of "we're not interested". You're in Sourhampton, I can tell you that Annie Torres is an excellent person to help you with this issue. She specializes in short sale transactions. I would give her a call and ask her to help you so that you can be sure your offer era presented to the bank so that they, and only they, can either accept, decline or counter your offer. Good luck!

Annie Torres
Realty Connect USA
(516) 429-0488

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Javier Meneses
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STERLING NATIONAL BANK
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Woodbury, NY 11797
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0 votes
I have a contract already a signed contract from the other side
Flag Sun Jul 14, 2013
Paul Cassella, Home Buyer, Southampton, NY
Sun Jul 14, 2013
It's two headed with them lying about the other buyer and not letting me in to do the engineers report.
0 votes
William Rugen, Agent, Holbrook, NY
Sun Jul 14, 2013
I still think you need to contact your attorney - let him or her contact the seller's attorney. It's not up to the real estate agent whether you can do an engineer's report or not. It's up to the seller.
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Paul Cassella, Home Buyer, Southampton, NY
Sun Jul 14, 2013
The issue is the real estate agent will not let me in to do the engineers report. Is the advice the same?
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William Rugen, Agent, Holbrook, NY
Sun Jul 14, 2013
Unfortunately you most likely cannot. The agent in which you submitted the offer to is the agent who "procured cause". This means they were the agent who put the deal together. You have the right to request buyer agent representation however that agent will most likely not be compensated by listing broker. This is the way things would be done in our office however the agent you're dealing with very well may allow you to do that. My advice would be to sit down with your attorney and hammer out your options. You should be allowed to obtain an engineer's report as long as you consent to not renegotiating price thereafter and ensuring everyone it's for your informational purposes only.
0 votes
Paul Cassella, Home Buyer, Southampton, NY
Sun Jul 14, 2013
My other question is could i put in an offer against myself with a different real estate agent
0 votes
William Rugen, Agent, Holbrook, NY
Sun Jul 14, 2013
When the offer was presented it should have been known that you planned on doing an engineer's report. When I submit offers for my buyer clients, I always make that known upfront. That being said, you should still have an opportunity to complete an engineer's report or inspection. However, the seller does have a right to state the agreed upon price cannot be renegotiated. The home inspection would be for your informational purposes only. As stated earlier, have your attorney speak with seller's attorney and hammer this out for you. Best of luck!
0 votes
Thomas Moser, Agent, East Northport, NY
Sun Jul 14, 2013
There are lots of twists and turns with a short sale. However, you should be able to have your inspection done prior to signing the contract. Have your attorney raise the issue with the seller's attorney.
0 votes
There hiding behind the "There's another buyer story" and up until this week we have had to taken them at their word. I'm thinking about what my approach should be to my attorney.
Flag Sun Jul 14, 2013
Paul Cassella, Home Buyer, Southampton, NY
Sun Jul 14, 2013
My attorney is talking to the sellers attorney. I have not made contact with the seller's attorney. Forgot to mention Short sale. My original offer was presented as an offer sheet to the real estate agent. I then waited a month. They told me they were not interested. They came back one month later. Yes, seller's attorney came back with a decreased offer so the bank came back with a counter offer. Had someone i know call a different real estate and said they were accepting bids. I'm curious i have any rights here or is this business as usual.
0 votes
Thomas Moser, Agent, East Northport, NY
Sun Jul 14, 2013
How is it that you are dealing directly with the seller's attorney? Do you have your own real estate agent involved?
0 votes
No. The person who is causing the problem showed me the house and insisted on being my real estate
Flag Sun Jul 14, 2013
Gene Gilyutin, Agent, Westhampton Beach, NY
Sun Jul 14, 2013
It's a little strange that you're speaking with the seller's attorney directly. That being said, the seller's attorney typically won't even prepare contracts until the inspection/engineer's report has been completed. So did you present the original offer through the seller's real estate agent or through the seller's attorney? And you're saying that the seller's attorney (the one representing the seller) told you to decrease your offer? Something doesn't sound right there.
0 votes
Paul Cassella, Home Buyer, Southampton, NY
Sun Jul 14, 2013
Yeah it's bold. I put an offer in on a house and the seller's attorney told me to come down on my original offer . So the contracts are all ready to go and i wanted to get an engineers report before I signed. The real estate would not let me in to do the inspection done. They told me they had another buyer. When I had someone else call about the house. They said there was one bid on the house.
0 votes
Gail Gladsto…, Agent, 11743, NY
Sun Jul 14, 2013
Paul,

Love to help, but need clarification.

Feel free to answer on line or give me a call at 631-425-6150 and I will try to assist you.

gail@GladstoneGroupRealty.com
631-425-6150
0 votes
Gene Gilyutin, Agent, Westhampton Beach, NY
Sun Jul 14, 2013
When you say you have "a real estate", do you mean a "real estate agent" or rather you own real estate (i.e. real property) that you need to sell in order to purchase something else. How are they (the agent) or how is it (the property) preventing you?
0 votes
Steve Parsons, Agent, Salisbury, MD
Sun Jul 14, 2013
That's a really bold statement, considering a real estate agent is required to present all offers to their buyer. If the property is already under contract, the buyer may not be taking any other offers.

If you truly believe an agent is not allowing you to put an offer on a property, then I'd contact their general manager at their brokerage. If that doesn't work, your next step would be to contact a real estate attorney.
0 votes
Alan May, Agent, Evanston, IL
Sun Jul 14, 2013
You're going to have to give us a little more information. I don't really understand your question. Can you fill in some details?
0 votes
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