We have a realtor who has turned out to be quite vengeful because we did not use her mortgage person, her inspector and stopped her from getting

Asked by Lovey_g, Campbell, CA Mon Mar 1, 2010

personal information of buyers financial statements. So she has got the one entity in her pocket (title company) to stick it to us and demand xtra costs, and pay for notary signatures on 20 documents included in the offer contract because she told them someone else was signing the docs besides the buyer. The Title Company agreed to do some dirty work against us for her. Unbelievable but what will be the buyer's financial obligation to the title company if he fires them? Can they legally make it difficult to get the escrow money back? We are trying to find a way around using this realtor too but she had the buyer sign a broker's agreement for 120 days... What can we do??? I am friend to buyer and helping him out. I think the first step is getting rid of her allies (the title company)

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Barbara Q., , Bergen County, NJ
Tue Mar 2, 2010
BEST ANSWER
Lovey_g - For some real estate agents, the drive to be in control is the best of traits yet when denied some may "act out." Take charge Dr. Jekylls often turn into Mr. Hydes when they are forced to view the journey from the back seat while peering over someone's shoulder. So unlike some of the agents who suggest "paranoia/ or that you may be reading more into this" - I understand the personality type you describe and the seriousness of your dilemma. I also respect and appreciate your friend's right to choose his own representatives.
I agree with Mack - your friend should seek the counsel of an expert Real Estate Attorney.
The attorney should be able to right any wrongs and help to alleviate your concerns.

Stay Well!
1 vote
Barbara, you need to go back to class or quit...
Flag Wed Mar 6, 2013
Charles Dail…, Mortgage Broker Or Lender, St Paul, MN
Mon Mar 1, 2010
Choice of the title company is always the buyer's perogative unless it specifically states in the purchase agreement that the buyer consents to use a specific title company.

The first thing I'd do is ask for a list of the Realtor's AFBA's and CBA's which should have been disclosed already and then inform the Realtor that if they don't obey every lawful instruction given to them, you'll file complaints, ruin their reputation and sue them in whatever way possible. Start communicating only by e-mail.

A lot of times, sending the right message is enough. It's prickly but it should work.
2 votes
"Obey every lawful instruction"? Are you kidding me? No wonder the public hates Realtors...You have no clue about this situation Mr. Lender from MN......
Flag Wed Mar 6, 2013
Mack McCoy, Agent, Seattle, WA
Mon Mar 1, 2010
Even paranoiacs have real enemies, but this seems to be pretty petty stuff.

I think that your friend, in all honesty, could use someone on their side who already knows the answers. This is a good time for you to advise your friend to spring a coupla hundred bucks on an attorney who specializes in residential real estate law.
2 votes
"Knows all the answers"? Are you kidding me, Mr. Broker? Stick to you're own transactions... You have no clue what this was about...
Flag Wed Mar 6, 2013
Mack McCoy, Agent, Seattle, WA
Tue Mar 2, 2010
It needs to be an attorney who's a member of the bar of whatever state the property is located in. Preferably, one who practices in the same town.
1 vote
Mark, Really? You have no idea what you are talking about...
Flag Wed Mar 6, 2013
Bill Eckler, Agent, Venice, FL
Tue Mar 2, 2010
Lovey,

Is it possible that you could be reading more into this scenario that necessary.......the reality of any transaction is there are going to be fees associated with it. Some common fees may include: courier fees, document preparation fee, credit report, loan origination fee, recording fees, estoppel fee, processing fees, administrative fees, etc....

If there are questions about any of the fees that apply to this transaction, it would be advisable to speak with the title agent to have them verified.

Additionally, one would think that should you change closing agents that the initial company would expect to be compensated for their time and effort. This could only run up the bill.........

Best wishes with your new home.
1 vote
Bill, you are the only half smart one on this thread...
Flag Wed Mar 6, 2013
John Juarez, Agent, Fremont, CA
Mon Mar 1, 2010
If I understand the situation, your friend hooked up with a Realtor to help buy a house. The offer has been accepted and the transaction is going through escrow. For some reason, your friend has refused to use the lender suggested by the Realtor and refused to use the inspector suggested by the Realtor. Also, your friend does not want to give personal financial information to the Realtor.

Why did you friend get together with this Realtor in the first place? Why did you friend sign a contract for exclusive representation by the Realtor for four months? What has changed in this relationship between Realtor and client to cause such friction?

What is the source of your friend’s real estate advice, now? You?

Allegations about misconduct by the title company are troubling, if true. Title companies are regulated by the California Department of Insurance. Perhaps you should file a complaint with the proper oversight authority. That body may have an interest in investigating your (or your friend’s) claim of malfeasance.

I don’t think I want to get in the middle of this mess.
1 vote
One more time...Control freak girfriend, NOT party to the transaction...What part of this scenario don't you get?
Flag Wed Mar 6, 2013
Rachel Alexa…, Agent, Gardnerville, NV
Mon Nov 18, 2013
Megan did her job and did her job WELL. She was looking out for the best interests of her clients...she's well respected in this town where I also work. And I know she knows the law and that forcing a client to use a certain lender, inspector, title co etc is illegal in NV UNLESS the buyer signed an 'affiliated relationship disclosure'. And I am certain Megan's company has such disclosure and that she knows this law to the tee. I won't even recommend inspectors anymore......I have a huge notebook with many sample inspections that I loan out to a buyer to peruse and pick one on their own. But with all that said, I do have some lenders that know the rules better than others and escrow officers that make no mistakes on final huds......do I prefer to work with them? You bet! But I don't FORCE anyone too. Nor would Megan. Nor would there be any financial gain from it. Sometimes clients come to you with their cousin lender that's been on the job and licensed for all of 20 minutes and that's who you're stuck working with.....I even had a SBA lender trying to write his cousin's residential primary residence loan! He didn't even have a residential license! Needless to say, another lender closed that deal after a 30 day extension and approx $2K immediately released to the sellers (I had the sellers)....I figured the cousin owed the buyer that much to donate to the escrow! And the deal closed. In this Original Poster instance, Meeeegan is right....realtor haters! And Megan is far from vengeful......the notion is absurd and I have had dealings with her and they have ALL been pleasant and professional!! I'm curious if you did waste money on an attorney and how that worked out for you?
0 votes
Megan Gebhar…, Agent, Gardnerville, NV
Wed Mar 6, 2013
This person has posted a fake profile and was not a party to the transaction she refers to. Her facts are wrong and she is just another girlfriend trying to control a real estate sale without the benefit of marraige. This should open up a great discussion regarding who is legally responsible for a real estate transaction and how professionals should handle the "significant others". I welcome your comments on this subject.
0 votes
Megan Gebhar…, Agent, Gardnerville, NV
Wed Mar 6, 2013
Hi All,
In the future, be careful what and how you respond to these posts... You do not know the whole situation…I was the professional for this specific transaction, and this woman was not only NOT party to the transaction, but she was out to get me from our first meeting. Ever hear of REALTOR HATERS? This is a perfect example, and you all fell for it! Shame on you! How dare you give legal advice not only outside of your state, but to someone who is not party to a transaction! I should file ethics violations against all of you! Instead, I am too busy working with clients that love me…
0 votes
Lovey_g, Home Buyer, Campbell, CA
Tue Mar 2, 2010
Thank You all for your replies. And a special thanks to the ones who are not questioning my paranoia. The Dr. Jeckle and Mr Hyde comparison is perfect. This behavior did not start happening until my friend was already committed. The broker agreement had been signed...and the nightmare began. It started out slight but now that the closing day is approaching, it has come to be an outrage.

We do need to seek an RE attorney and my question now is would it need to be a Nevada RE attorney and is there a best way to seek a good one out?

And...another question for an RE would be if the offer contract is still valid if early on his REA sent an addendum to him requesting a signature for an extension on Expiration of Offer but was not signed? My friend would not sign it because his REA would not thoroughly explain it and he got nervous. His REA went ahead and told the seller's REA that there was a verbal OK but her e-mails say that my friend would no longer be protected if the Seller backs out because he did not sign the addendum. So my question would be, is this a good escape clause or do other forms signed after this incident (not related to contract) cause the contract to be valid again? My friend is thinking of pulling out from this REA based on that non-signature alone. He handed over the escrow money after this incident of not signing if that makes a difference to the outcome also?
0 votes
Scott Godzyk, Agent, Manchester, NH
Tue Mar 2, 2010
If this is really going on it is unethical, they should first contact the agents broker and immediately meet to discuss this, they should contact their loan officer for assistance with the closing attorney, usually the mortgage company picks a title company or refers a title company not the sales agent. Next you should seek advice of a real estate attorney to at least get the first meeting free as their may be a recourse for damages. next complaints to the real estate comission and the bar association who oversees the title company. good luck in working things out
Web Reference:  http://www.ScottSellsNH.com
0 votes
Scott, Why do you even get to have an opinion? In the state of Nevada REALTORS are required to know the LAW, and we don't use ATTORNEYS. Damages? Are you kidding me? Stick to your state,dude.
Flag Wed Mar 6, 2013
Tonya Brobeck, , Everett, WA
Mon Mar 1, 2010
Hi Lovey_g I am inclined to agree with both John & Mack, great points the 2 of you have brought up. I do want to add on how John points out the relationship between your friend and their realtor. No buyer needs to give me any information they don't want to give, however, if I can't build a solid trustworthy relationship I don't want them as a client. Not knowing any financial information is a bit scary since a realtor's job is to make sure that not only their client gets the home they want but that the transaction can and will close. If I was your friend I would check out the option of an RE attorney as Mack suggests. I think that about sums it up. Hope this helps. Good luck
0 votes
Tonya, so quick to sue, eh? Nice ....You don't even know the whole story, shame on you!
Flag Wed Mar 6, 2013
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