Question removed

Asked by Jessica, Spring Branch Central, Houston, TX Mon Feb 2, 2009

This question was removed by its author.

Answers

6
Kathleen Tho…, Agent, Little Falls, NJ
Wed Feb 4, 2009
Good Luck Jessica. I hope this truly works out for you and your family. Should you decide to sell in the future and want to use a realtor - ask for references. We offer references to our clients. You can also go to one of their open houses and see how they work before you enter into an agreement. Also interview a few realtors to find the one that you mesh with.
0 votes
Jessica, Home Seller, Spring Branch Central, Houston, TX
Wed Feb 4, 2009
well we have cancelled the contract today and our listing agreement has been terminated as well per our request. i called the broker and let him know we are filing a trec complaint and hiring an attorney if necessary. i've already consulted one, we just have not hired him yet as we were waiting to see what happened.

all i know is that this has turned our family upside down, the stress has been almost unbearable. i will not be hiring another realtor; if we sell i guess we'll be doing fsbo. i know not all realtors are dishonest and totally unethical so please no one take offense because i'm not bashing realtors. we were just unlucky enough to have trusted the rottenest of the bunch!

thanks again to everyone that responded; your input has been invaluable!!
0 votes
Anna Niklarz, Agent, Arlington Heights, IL
Tue Feb 3, 2009
Hi Jessica,
I am sorry you are having so much trouble with the sale of your home, this can be a stressful process.
In the state of Illinois, if the seller or buyer wants to cancel a contract (w/ valid reason) the attorney writes a letter to the other party in the transaction stating that the transaction is canceled. The Realtor (in Illinois) can provide a cancellation form, however this is used only when both sides agree to cancellation, mostly this is used when buyer fails to obtain financing. This form is signed by both parties and the earnest money is returned/distributed.



Your situation sound rather simple to me, the buyer will not be able to provide you with the commitment for a loan, if I am understanding your situation correctly. If the lender requires repairs (I assume it's FHA financing) and if those repairs were not completed, the buyer will fail to obtain mortgage. It would be the buyer's obligation to cancel the contract. It's not so easy for the seller to withdraw from the transaction without a risk of getting sued. As I am not a licensed attorney I will advise you to consult with yours, and also suggest to ask friends and family if they know of an attorney they could recommend. Call someone else and see if it's possible to switch representation. Or use a different attorney for a future transaction if you are looking to keep your property on the market....and you may call that attorney to introduce yourself and ask opinion on your current dilemma. If you are having difficulties with your agent, then my suggestion is to deal directly with the managing broker of that real estate office, that broker could also assign a different agent to continue representing you with the sale of your home.


Good luck, Anna
Web Reference:  http://www.AnnaNiklarz.com
0 votes
Jessica, Home Seller, Spring Branch Central, Houston, TX
Mon Feb 2, 2009
us, as the sellers, represented?? DON'T make me laugh!! thank you rockinblu, atleast someone stood up for us!! i came here looking for answers because i can't trust ANYONE involved in this deal to give me any straight or honest answers. everyone is lying to us and i am just ready to throw in the towel. i can't take this stress anymore. the buyers agreed to pay for the repairs but with a ridiculous amendment wanting money back for appraisal, inspections, etc. if we defaulted. our wonderful "representation" is who prepared this wonderful amendment. oh, and the buyers wanted keys to everything on the property (for the repairs to be made) and to "approve" the repairs or they wouldn't pay the contractor. we refused to sign it now they are going back on their word to pay for the repairs. our interests were indeed overlooked; this has been the case throughout this entire process.

new question if anyone reads this. in a community property state, do both buyers have to sign the "information about brokerage services" or is it ok if just one of them did. i would think both would have to or the one who didn't sign it could claim they were misinformed.
0 votes
Kathleen Tho…, Agent, Little Falls, NJ
Mon Feb 2, 2009
Are you using an attorney or a title company to close? Check your contract thoroughly and make sure there are no specific time frames that you can be held to. If you are close to a closing date you need to talk to either the title company or your attorney as soon as possible to get out from the contract. You can also send a certified letter to all parties involved stating that you want out of the contract. This may not do the full job for you, but you have put your intensions in writing. Each state is different. If you do not have a real estate attorney at this point, I suggest you hire one immediately. They will understand your state laws better - but make sure it is a real estate attorney. After looking at your profile, it looks like you have had a lot of problems with this house. Good luck. I hope things work out for you and your family.
0 votes
Keith Sorem, Agent, Glendale, CA
Mon Feb 2, 2009
Jessica
If you need legal advice, please consult an attorney. This is not legal advice.

Because we cannot see the contracts it would be in appropriate for us to give you advice. I did review your profile and understand that you do have professional representation. That means that there are at least four parties -
Your Realtor and their broker
The buyer's Realtor and their broker.

I would ask your Realtor, and if he does not know, their broker, what do to.

Your concern about "want to be in default for missing the closing date" is an excellent point and you should ask the same question to your Realtor.
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more