My Rights as a seller

Asked by John Webster, Outside U.S. Mon Apr 23, 2012

I am currently selling a home and due to my realtor's failure to advise me appropriately (I do not propose to go into the issues here) I have incurred additional fees of around $1500.00 I have asked my realtor to contribute but they will not. I have done some research and have a couple of questions on my rights.
1. I believe that I can make a complaint to the realtors association and The State of Florida Department of Business and Professional Regulation. If I do can the association or DBPR order the realtor to meet these further fees? If 'no' how can I reclaim my fees other than sue the realtor.

2. If I make a complaint I still have to complete the sale and close in mid may. Can my current realtor say they refuse to work with me because I have reported them? And if 'yes' what can I do and do I still have to pay their fees?

3. Should I make any complaint immediately, before I close or after closing.
Thanks for any advice.

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Answers

12
Yolande Citro, Agent, Miami, FL
Sun May 6, 2012
It seems to me you have too much time in your hand ; is your time worth $1,500 ? All negative energy in my opinion. Move on and forget about it ! You'll feel better almost immediately when you chase the negative out of your mind.

Hope this helps, to repeat my collegue down below !
0 votes
Irina Karan, Agent, Aventura, FL
Wed Apr 25, 2012
Hello John,

If the agent failed to sign appropriate disclosures, required by law, as Hans pointed out - f.e. FIRPTA situation - your agent will face some minor disciplinary action. You agent has to stay on the job to finish this transaction. With two sides to each story, and no specific info on the actual problem, it's hard to let you know more.. You can also meet with the broker of your agent to discuss and see if they would contribute.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
0 votes
Olga C Suarez…, Agent, Miami, FL
Mon Apr 23, 2012
With your limited information I can;t figure out your expense of $1,500.00. Please refer to your closing estimate and you will probably have the naswer to your expense. Ant wayyou are very luck to have your house sold
0 votes
Hans Klemm, Agent, MIAMI, FL
Mon Apr 23, 2012
Dear John,

I suppose you speak about a FIRPTA problem and the fees for an accountant
to declare your situation in order to avoid a retainer of 10% of the sales price.

At my opinion it will be very difficult for you to prove that you have NOT been informed.

If my case-interpretation is right, you will not have a retainer nor loss of interest .
The accounting had to be done anyways.
The DBPR is available for any justified complaint and will inform you certainly further.

A complaint means you should justify a loss or an unethic comportment of your agent.
And you would have to expect some (bad) energy investment like into any procedure.
There should not be any problem with your closing, since a closing agent will in any
way take over the complete file from seller and buyer and coordinate the closing.

Good luck :-)
HANS
0 votes
Bill Eckler, Agent, Venice, FL
Mon Apr 23, 2012
There is always more to the story......but things can usually be worked out if people work together toward a common goal.

Our advice is to try to resolve this between the seller, their broker, and the local board of realtors prior to taking it to any state agency.

Good luck,

Bill
0 votes
Carlos Escam…, Agent, Miami, FL
Mon Apr 23, 2012
I don't see any problem at all. unless it is not listed.
Regular fees are.
* Seller closing cost between 1%-2% sale price.
* Commission? 1%-8% or more depends on the listing agent.
* Lien if there is any, ( Only the owner know about it)
* Repairs if buyer and seller agree.
* Association dues, More expensive if the owner is behind.
* Processing fee from listing agent (but i don't think so he charged you $1500 for it unless the sale is
for 50K or less)
* Seller attorney if apply per SELLER requested. (optional)
We are trying to figure out where is the Listing agent mistake and where is the fee coming from?
0 votes
Steven Epste…, Agent, Coral Gables, FL
Mon Apr 23, 2012
Contact your real estate attorney. Without being privy to ALL ISSUES no one can answer you appropriately. Best Wishes, stevecepstein@gmail.com
0 votes
Mack McCoy, Agent, Seattle, WA
Mon Apr 23, 2012
You didn't incur additional fees, the estimate was low.

You can complain, but I can't imagine that anybody will take action or that anyone will help you pay the fees.

Your agent MAY refuse to work with you, but in that case, the brokerage will assign someone to complete the transaction with you.

My advice to you is to forget it. The fees are whatever they are, and the agent's estimate doesn't change things. If the estimate were high, you would not be obliged to pay the amount of the estimate, either.

All the best,
0 votes
Nereida Figu…, Agent, Miami, FL
Mon Apr 23, 2012
Mr Seller, when a Realtor make a Seller's Estimate Proceed in a sales doesn't mean all is included. It is an Estimate. In a sale, there is always some costs coming that we have no control over it. Those are properties taxes in proration, etc. Please sit down with your Agent and Title Company and ask about why those costs. I'm very pretty sure you are going to understand better your sale. About commission to be reduce, NO, NO and NO. Why? Real Estate Agent work so much for their commission you maybe don't know how much because you aren't in their shoes.
If you have a sale is because your agent did a GREAT JOB.
0 votes
Miami Real E…, Agent, Miami, FL
Mon Apr 23, 2012
We would have to go into the ISSUE part in order to check whose mistake it is. Please call me, thanks.
0 votes
Lars Demus, , Austin, TX
Mon Apr 23, 2012
thats little hard to say what you should do? What are the fees for?
0 votes
Carlos Escam…, Agent, Miami, FL
Mon Apr 23, 2012
What are the fees for?
What is the issue?
0 votes
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