Frustrated, Home Seller in 78639

What do I do...the buyers agent lied and we fell for it and paid......

Asked by Frustrated, 78639 Fri May 22, 2009

we are selling a house: buyers agent claimed structural damage in the roofstructure and purported to be able to back it up with structural engineers report and estimates of repair etc. we were horrified and agreed to pay 1500 to repair structural damage and 4000 toward roofrepair after the structural damage was repaired. Well, there is no report...no estimate other than re-roofing and apparently we got had...her client wanted a new roof from the beginning...well she got him one ....at a fraction of the cost........ what do I do now...can she get away with this ? Do I have any recourse against this agent?????

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Voices Member, , Benton County, OR
Fri May 22, 2009
Frustrated, This is where I would go .... http://www.trec.state.tx.us/complaintsconsumer/Complaint_ins…

File the complaint and I would even speak with an attorney, your story sounds like Fraud to me (I'm not a lawyer) but one should be able to verify/give an opinion on if it is.

Hope you let us know how it turns out.
3 votes
Ron Thomas, Agent, Fresno, CA
Tue Dec 11, 2012
C'mon people;
This is 3 1/2 years old!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1 vote
Yes - How do we get old messages pulled?
Flag Mon Sep 29, 2014
Keith Sorem, Agent, Glendale, CA
Fri May 22, 2009
Frustrated.
There are a number of problems with this transaction, none of which can be addressed by those of us unfamiliar with the case.

First, I would talk with your Realtor's BROKER. THey are the one legally liable for their agent's actions. Review the entire case with them FIRST.

Second, it is possible to withhold disputed funds due the buyer. Talk with your escrow officer and/or REAltor. Simply write a letter (or ask for an escrow amendment) stating that UNTIL these issues are resolved, you do not want the funds in question released.

If you feel that the Realtors (either one) are at fault, I would have the commissions held until this issue is resolved. This is NOT legal advice. For legal advice see an attorney.,
1 vote
Linda Moreau…, Agent, Kingsland, TX
Sat Mar 23, 2013
My first question is: Where was your agent? He/she should have received and reviewed any information relating to requests for repairs to be paid by you. Then: Did the buyers have an independent inspection of the property performed by a licensed real estate inspector? Last: You have the right to contact the Texas Real Estate Commission, which is the consumer protection agency that licenses brokers and agents. You will need to contact the main office in Austin for instructions on how to file a complaint and what you need to document your claim. This is a last resort for the public when you believe a licensed real estate agent misled you in a transaction. I recommend you begin by contacting that agent's Broker, who is ultimately responsible for the actions of agents licensed with that company. Good luck. lm
0 votes
Damon O'Neal, Agent, Kingsland, TX
Tue Dec 11, 2012
Frustrated,
You need to notify the buyers agent and the listing agent brokers. If they will not resolve the situation within 10 days, go talk to an attorney.
0 votes
Mike Linkena…, Agent, Jacksonville, FL
Fri May 22, 2009
Has the property closed yet? There is definately a local Realtor ethics board that she could be baught against
0 votes
Dallas Texas, Agent, Dallas, TN
Fri May 22, 2009
Difficult to state where was your listing agent? Those would be question asked. represent you regarding these claims. If so why was your insurance company not contacted regarding repairs on home than out of your pocket?

Anything we state here is consider hear say could be a disadvantage for any all parties confer with attorney or listing agent.

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0 votes
Dominick Dina, Agent, San Antonio, TX
Fri May 22, 2009
Dear Frustrated,

Sorry to hear of your problem with the sale of your house.

First question is, do eyou have a real estate agent? If so, where was (s)he during all this?

Second question would be where are you in the process? Depending on what stage of the paperwork process would dictate what your options are.

Suggest a real estate attorney be engaged to help you out.

Best wishes,

Dominick Dina
0 votes
Frustrated, Home Seller, 78639
Fri May 22, 2009
we close on the 29th, the monies will be paid to the seller . we just found out today that none of her statments are factual; there is no broken beam, the inspection report made no mention of broken/missing beam only inadeqate bracing in one place, there is no sagging roof and there is proper ventilation and my insurance ( USAA ) said the roof does not need to be replaced.this is an e-mail she wrote to my agent :
0 votes
Bruce Lynn, Agent, Coppell, TX
Fri May 22, 2009
Tough one....what did you know to repair without the report? Did the person who did repairs also think there was damage or a new roof needed?

You might ask the buyer's agent for the inspection report and the engineer's report so you will know exactly what to repair and what is recommended.

They are not required to give it to you, but you are also typically not required to do the repairs. It's kind of a give and take thing.
0 votes
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