When enough is enough for realtor and buyer? I have been trying to buy a forclousure, I have or had a realtor

Asked by Ulysses A, Santa Ana, CA Tue Aug 19, 2008

helping me to do this, but during the last 3 weeks she has not answer my phone calls or email messages, I have not gone to her office because I have been really busy. She is in Long beach, and I am in Orange. My wife and I, signed several documents and gave her a deposit check, should we request all the signed documents and the check or just cancel the check?
I am really disappointed what kind of professional would do that? at least she would let us know she doesn't want to deal with us!!!!

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6
Thom Colby, Agent, Irvine, CA
Tue Aug 19, 2008
BEST ANSWER
Hello Ulysses,

Have you been working with this agent a total of 3 weeks and if so when did you submit this offer, or did you submit the offer 3 weeks ago and not heard anything from the agent since?

You also said you signed seevral documents and gave a deposit check so that was an offer ojn a specific property, hopefully an Agency Disclosure, and probably in all that paperwork was a Buyer Representation Agreement which outlines the terms you and the Agent will be working together. This is important because this is the document that ties you and the Brokerage / Agent together and outlines protection periods, etc.

You should have been provided copies of everything you signed within a reasonable timeframe after you signed them - likely about 3 - 5 days.

No one has yet asked - Do you still want the house that you made the offer on? If so, you should contact the Office Manager or Broker and ask to meet with him or her. You can do this a couple of ways. You can ask the agent to arrange a meeting with you, the agent and the Broker or you can call the Broker / Office Manager directly. If you and the agent cannot work out the communication issue, I would suggest you ask the Broker to assign another agent to work for you. The Broker will work out the commission split internally. If you have signed a Buyer Rep Agreement and subsequently buy this house through any agent, the original brokerage and agent will be paid because they were the Procuring Cause - proven by the signed offer.

There is no excuse for lack of communication with a client especially prior to a close of escrow when an agent has taken a deposit. That deposit is either uncashed in the Brokers possession until Escrow is opened, or it has been deposited into Escrow because there's an accepted offer. If it has been deposited into Escrow, and you want out of this purchase, you will need to cancel Escrow which requires both Buyer and Seller signatures - the broker can assist you if the agent cannot.

I strongly suggest you try to work it out and you'll have your new home soon.

Best of luck-

Cheers to you,

Thom Colby
Realtor
Southern California & Houston, TX
2008 Chair, Pacific West AOR MLS Committe
2008 Member SoCal MLS Board of Directors
2008 Member SoCal MLS Steering Committee
2009 Member-elect, Pacific West AOR Board of Directors
2009 Member-elect SoCal MLS Board of Directors
Web Reference:  http://www.thomcolby.com
0 votes
Jacqueline W…, Agent, Irvine, CA
Tue Aug 19, 2008
I am so sorry you have had a bad experience. Unfortunately, like any other business, there are good agents and no so good agents. I agree with Scott's advice below....you should submit a written notification that you are ending the relationship - addressed to both the agent and her broker and request that your check be returned. Did you sign any type of Buyer-Broker Agreement? If so, you will need to review that document and follow the directions regarding cancellation. There are good agents out there....if you are trying to buy foreclosed property, just make sure you find one with experience in that field.
1 vote
Kawain Payne, Agent, Seal Beach, CA
Mon Mar 19, 2012
No contact at all in three weeks? . Have you tried to contact her broker? Maybe your agent is ill or had some kind of major emergency.

Working with buyers requires a lot more time than working with sellers. You need a buyers agent who is not too busy to cater to the unique needs of a buyer.

I would like to know what documents you signed. Did you actually put an offer on a property? Sometimes with REO's the listing side does not counter all offers, some offers may not get any reply at all. They simply select what they think is the best offer and move on. If this is the case your agent should keep you posted on what's going on.

As for your deposit check it should be held uncashed at your agent's office until you actually have an offer accepted. You are not at risk of lossing any funds at this point.

Try not to get discouraged. Stay engaged in the home buying process even if you have to move on to another agent.

Best of luck to you,

Kawain Payne, Realtor
Prudential Realty
Kawaindpayne@gmail.com
0 votes
Brett Matsuu…, Agent, Laguna Hills, CA
Mon Nov 8, 2010
Understand that your Agency agreement is between you and the Broker of the Real Estate company. If you are unhappy my first order of business would be to contact the broker and give them an ear full. Good Luck!
Web Reference:  http://www.brettmatsuura.com
0 votes
Joe Homs, Agent, Laguna Hills, CA
Tue Aug 19, 2008
Ulysses A,

Are you sure she placed the offer on a foreclosure and not a "Short Sale?" The foreclosure offer should be answered within a few days, the short sale takes months. Get another agent if your not happy. Foreclosures are HOT right now in the O.C. as evidenced by the Register Newpaper today. I can tell you from personal experience that is correct. My phone is ringing off the hook with buyer requests right now. Call or email if you need any assistance.

Joe Homs
Realty Partners
949-625-4533
joe@joehoms.com
Web Reference:  http://www.joehoms.com
0 votes
Scott Godzyk, Agent, Manchester, NH
Tue Aug 19, 2008
That is awful, the worst part of anything is lack of communication. You will want to do it in writing if you are requesting a cancellation and refund of yoru check, dont just put a stop payment on it. . Do not do it verbally. You could also call and ask for her broker, let them know what is haoppening and that you are not getting any return calls. If it were me i would drive to her office, make time as a persona visit may be necessary.
Web Reference:  http://www.ScottSellsNH.com
0 votes
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