Reply With QuoteLet me know if you find a good one. I just got notified of a shifty deal on our place in Bullhead.
I hate attorneys, but just their letterhead gets action.
My question is be patient here..
I entered into a listing agreement with agent which expired on Nov 19th, 06. my house went into escrow before listing expired(sales purchase contract).
house fell out of escrow on jan9th,07.
agent says my 90 day waiting period to sell on my own to that buyer starts on jan 10,07, because we were under contract in escrow.... My contention and what 1 broker told me was she is incorrect as you only signed a 90 day waiting period on the listing agreement not the sales purchase contract.
Listing agreement also states agent is to deliver me a list of all persons she showed home to which would constitute a 90 day waiting period from end of listing agreement for those individuals also within 10 days of listing agreement ending. she didnt do this within the 10 days.
now the buyer who was in escrow has come to me saying he has the loan and is ready which I comfirmed with lending institute. My question is did the 9- day wait period with this particular buyer start at escrow stopping or end of listing agreement , and is it all non applicable because she didnt deliver the list in the proper time frame....... Help
Let me know if you find a good one. I just got notified of a shifty deal on our place in Bullhead.
I hate attorneys, but just their letterhead gets action.
My question is be patient here..
I entered into a listing agreement with agent which expired on Nov 19th, 06. my house went into escrow before listing expired(sales purchase contract).
house fell out of escrow on jan9th,07.
agent says my 90 day waiting period to sell on my own to that buyer starts on jan 10,07, because we were under contract in escrow.... My contention and what 1 broker told me was she is incorrect as you only signed a 90 day waiting period on the listing agreement not the sales purchase contract.
Listing agreement also states agent is to deliver me a list of all persons she showed home to which would constitute a 90 day waiting period from end of listing agreement for those individuals also within 10 days of listing agreement ending. she didnt do this within the 10 days.
now the buyer who was in escrow has come to me saying he has the loan and is ready which I comfirmed with lending institute. My question is did the 9- day wait period with this particular buyer start at escrow stopping or end of listing agreement , and is it all non applicable because she didnt deliver the list in the proper time frame....... Help
So did this agent actually bring you the buyer and you are using the expiration as a way to get out of paying them? That sounds pretty messed up if that's the case. Who represents the buyer? Are you and the buyer just trying to cut a deal and leave out the agent at this point?
You are going to have a tough time regardless with this one since the buyer was in escrow previously.
Is there a reason why you don't want to pay the agent? Besides the fact that most real estate agents are full of shit and don't do any work for the massive commissions they make? :devil:
not trying to cut out anyone the agent brought the buyer yes. i extended the listing once for this buyer who was having credit issues, then extened escrow as my rental was sitting vacant for 2 months as I was going to move in to it. I finally said thats it if he cant get loan im done. well 2 days after we release escrow he comes to ME and says im good to go. I offered the real estate agent a chance to redo this at a reduced rate since I was out of contract and she refused.... I see how it sounds its just circumstances that made the time frame work this way. I bent over backwards to work with everyone and even told her that this buyer would see my for sale by owner sign and come back and ask price. she also refused to present one offer to the buyer when we were trying to put this together.
At any rate since my contract expired, now she is getting huffy and really didnt fullfill her end of agreement. this sale may not go thru , then it doesnt matter, I just wanted some legal advice, which i have in the interm gotten, and I am correct, just wanted to see if I could get it verified, 2nd opinion
not trying not to pay agent, I made offer to work with them, but not at full commission since our listing agreement expired in november. ive been working in good faith since then. they were double ending deal. now out of contract , buyer comes back and I had never talked to buyer while in contract. offered agent a 3% commisiion which is what she would get if not double ending and she blew up at me so I said the hell with you yu didnt give me notice in time frames on contract so good bye.... I dont think i did anyting underhanded, but did just save 50k in commissions
I'd call Handel on the law tomorrow.
not trying to cut out anyone the agent brought the buyer yes. i extended the listing once for this buyer who was having credit issues, then extened escrow as my rental was sitting vacant for 2 months as I was going to move in to it. I finally said thats it if he cant get loan im done. well 2 days after we release escrow he comes to ME and says im good to go. I offered the real estate agent a chance to redo this at a reduced rate since I was out of contract and she refused.... I see how it sounds its just circumstances that made the time frame work this way. I bent over backwards to work with everyone and even told her that this buyer would see my for sale by owner sign and come back and ask price. she also refused to present one offer to the buyer when we were trying to put this together.
At any rate since my contract expired, now she is getting huffy and really didnt fullfill her end of agreement. this sale may not go thru , then it doesnt matter, I just wanted some legal advice, which i have in the interm gotten, and I am correct, just wanted to see if I could get it verified, 2nd opinion
Here is the loophole....
Spend $500 granting the title into a beneficiary directed living trust. Then, have the trustee sell the property. The title transfers from the trustee to the new buyer. The trustee has no contract with the agent and this is hard as hell for an agent to get a judgement against. Your transfer into the trust is not a sale. I only know cases where the agents lose...even when they have brought in the Realtor Association lawyers on it.
I understand your delima...you wanted some negotiating room because YOU were losing money and nobody else was...not that it is the agents fault. Now, you are motivated to cut her completely out of the picture when if she had just worked with you, she would have gotten paid. Does not suprise me, as I said...most Real Estate Agent are fukking morons.....(I think I was a bit more graphic this time) Realize, I have a Real Estate Broker's License (for mortgage purposes) but I am planning on opening a real estate division in the next year or so. If I ever get an agent like yours....that agent will be booted to the curb.
and this was not a question of ethics, it was a question of law as I dont want to type all that much to try and defend myself. A contract is a contract. That is what my question was about, but if i typed a book about this deal or you went thru it I think youd agrree i have given everyone a fair shot the last 3 months.
and this was not a question of ethics, it was a question of law as I dont want to type all that much to try and defend myself. A contract is a contract. That is what my question was about, but if i typed a book about this deal or you went thru it I think youd agrree i have given everyone a fair shot the last 3 months.
I don't even have to hear your story to agree with you. A contract is a contract. If the contract is over...it is over. But, you can avoid the contract all together legally with what I posted above and never have a need to talk about ethics. Obviously, if you had been thrilled by your agent, you would have never even thought about it. Tell her you have decided to lease it to the guy and that you are putting the property into a trust for asset protection and estate planning purposes. Did I mention I think most Real Estate Agents are morons?
im a realtor. i have taken 2 semesters in real estate law. your good. she should take the 3%. she wont take you to court over it. if she does she will loose. almost 99% sure.
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