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Posted: 1/30/2006 7:42:18 PM EDT
To make a long story short, I have my house on the market for a few months. I was selling it because my family was in financial trouble and selling my house would eliminate all of their issues. I got a few offers on her but they were below what I was asking so I declined them. I had a couple who looked at it the other day and their agent called me to say they wanted to make an offer and wanted to know how long of an escrow I would like. I told him point blank that I needed to speak with family members (there are signs of them doing much better financially so I was unsure if I needed to sell my home to help them)...but he told me that I didnt need to speak with anybody at this point as all he wanted to do was make an offer. I told him that in order to relocate it would take a few months time.
foward to today when my agent calls me and says they came in with an offer 5k below the asking price. I told him to decline and to take the house off the market. He called the other agent and I guess this royally pissed him off. He said that he had spoken with me and I agreed to the escrow terms and he and his client had time invested in looking at my home (I only talked to the agent 2x...once on friday nite when he called to tell me his clients wanted to come by to look at the place...this was a NO because I work nites and was about out the door to go to work)...he said his clients would come by sat afternoon...they were here by themselves, no agent, spent about 4 minutes looking through the place and left. Agent called me to say they wanted to make the offer..thats the time that he has invested.

Anyways, my agent says tht they guy said he was gong to seek legal councel in order to seek compensation for their time and that if I didnt want to sell the house it shouldnt be on the market to waste peoples time. Now that I know I dont need to sell her anymore Ive told my agent to pull the house. I dont see what a lawyer can do...he came in with an offer below my asknig price and I can decline it for that reason..
Why do people always have to go running to lawyers? crazy world.
Link Posted: 1/30/2006 7:48:07 PM EDT
Call that agent up and tell him to shove it up his ass!


What a Fucktard.
Link Posted: 1/30/2006 7:49:52 PM EDT
Have your agent tell the other agent to FOAD. He can't really do anything to you. You can list a house just to see if someone makes offers on it, you are not REQUIRED to actually SELL it if you list it.

Again, tell the jerkoff to FOAD.
Link Posted: 1/30/2006 7:53:09 PM EDT
You didnt agree to anything.............and the real estate agent is jerking your chain to try and scare you into accepting his offer or else.............he can FOAD
Link Posted: 1/30/2006 7:57:26 PM EDT
Dude, this is America! I've had drug addicts scream at me that they were going to "get a lawyer and sue your fucking ass" because I wouldn't give them a Rx for narcotics.

When I was looking to buy a house we had visited at least two that were pulled off the market after we made an offer. Big woop. I fail to see how/why the real estate agent can think they will actually win a lawsuit. The only people to make out will be the lawyer$.
Link Posted: 1/30/2006 7:57:52 PM EDT
Report to the board of realtors and have the fucktard's license yanked. It's people like this that give agents a bad name.
Link Posted: 1/30/2006 8:00:41 PM EDT
[Last Edit: 1/31/2006 6:18:08 AM EDT by nightstalker]
If someone offers what you're asking and you refuse to sell you MAY be violating your agreement, it's called specific performance. If you try and de-list before the expiration of the agreement they MAY try and sue and MAY win (ETA, if you sell during the listing period). However, you don't obviously have to sell below your offering price nor accept an offering price that includes side agreements that substantially alter your asking price like ...with furniture.

We were sued by a realtor that sent us an offer that was back-dated (mailed to us on Monday and dated the previous Thurs to be within the listing period) and then claimed we renegged. His untimely mailing alone was a violation of his fiduciary responsibilities (I kept the mailing envelope) but he sued US for the deposit in Mammoth, 350 miles away in small claims. We showed up and beat his sorry ass. Never talked about selling the place again. It went from $75K to it's present $400K.
Link Posted: 1/30/2006 8:23:16 PM EDT
He has no case. Tell him to eat shit.
Link Posted: 1/30/2006 8:27:40 PM EDT

Originally Posted By nightstalker:
If someone offers what you're asking and you refuse to sell you MAY be violating your agreement, it's called specific performance. If you try and de-list before the expiration of the agreement they MAY try and sue and MAY win. However, you don't obviously have to sell below your offering price nor accept an offering price that includes side agreements that substantially alter your asking price like ...with furniture.




All of this is correct only if they meet your asking price and terms and you refuse, do they have a case.
Link Posted: 1/31/2006 2:03:36 AM EDT
He is having troubles himself. For him to try you to force to sell is showing that the maybe the market is slowing and he needs to make some money. He has bills too.

Max
Link Posted: 1/31/2006 2:23:30 AM EDT
I would talk to the guy's broker. An agent isn't the broker.
Link Posted: 1/31/2006 2:34:14 AM EDT
If it ain't on paper, it didn't happen.
Link Posted: 1/31/2006 2:40:13 AM EDT
Look at your listing agreement, it should say how many days notice you need to remove a listing.
Tech. if you violate that you might have to pay them there commisioned amount.
Link Posted: 1/31/2006 2:43:08 AM EDT

Originally Posted By Javak:
Report to the board of realtors and have the fucktard's license yanked. It's people like this that give agents a bad name.



+1
Link Posted: 1/31/2006 3:15:52 AM EDT
posted by ml271


Look at your listing agreement, it should say how many days notice you need to remove a listing.
Tech. if you violate that you might have to pay them there commisioned amount.



Yip.

About 16 or 17 years ago we listed our CA house for 215k with a local realtress.

After a couple of months, my Dad wanted to purchase the place. I notified our brokerette and she slammed us with a full commision.

Totally po'd, we settled on 50%.
Link Posted: 1/31/2006 3:33:56 AM EDT

Originally Posted By testosteroneOD:
Anyways, my agent says tht they guy said he was gong to seek legal councel in order to seek compensation for their time and that if I didnt want to sell the house it shouldnt be on the market to waste peoples time. Now that I know I dont need to sell her anymore Ive told my agent to pull the house. I dont see what a lawyer can do...he came in with an offer below my asknig price and I can decline it for that reason..
Why do people always have to go running to lawyers? crazy world.



To make a long story short, there DOES come a point in time where you cannot back out of the sale, or you get sued.

You are NOWHERE near that point ... tell that agent to fuck himself, and then report his ass.
Link Posted: 1/31/2006 3:37:47 AM EDT

Originally Posted By testosteroneOD:
Anyways, my agent says tht they guy said he was gong to seek legal councel in order to seek compensation for their time and that if I didnt want to sell the house it shouldnt be on the market to waste peoples time.





What an idiot. Unless they made a WRITTEN offer, and you accepted it in WRITING, (in other words, unless there was a CONTRACT), then the agent doesn't have a leg to stand on.
Link Posted: 1/31/2006 3:41:42 AM EDT
Was anything signed? Did you accept any money? Buncha jerkoffs out there!
Link Posted: 1/31/2006 3:41:44 AM EDT
Remind them that you may be interested in listing the house again in the future. Your decision on if you will use that agency again depends on how they handle this situation. I have family that are agents. People list and delist all the time depending on job and family factors. You cannot go around threatening people with litigation, word will get out and you will get a bad name as an agent. Try getting listings in an area if everybody knows you are a jerk.

I would speak to your agent, meet with your agents broker, and then possibly speak with the other agents broker if they are not the same. If the agent is making threats the local Real Estate Association might be interested. His broker will be interested as it is the broker license that is on the line.

Link Posted: 1/31/2006 3:47:40 AM EDT
I'd definately contact his company STAT. I might also get an attorney of my own sinceitsounds like hes trying to force you into selling by threatening you. But for damn sure contact his office.
Link Posted: 1/31/2006 3:51:53 AM EDT
Laws vary from state to state. In many states it is not legal for the buyer's agent (agent representing the buyer) to contact the seller directly. Ask your real estate agent to talk to their managing broker about it, to be sure your bases are covered. A lot of real estate agents aren't really all that swift.

Laws are usually either set up as a buyer's agent and seller's agent. Each represents the best interests of his client.
In other areas, both technically work for the seller, the agent assisting the buyer has a legal obligation to you.
Either way, unless they just accept your terms from the start, you can decline their offer. If they had accepted all of your terms and still declined, they would have a case against you. They could sue to force you to sell your house (specific performance).

Withdrawing your listing is between you, your realtor and their managing broker.
Link Posted: 1/31/2006 3:56:45 AM EDT
This is why I hold relators and defense attorneys in the same category.
Link Posted: 1/31/2006 4:30:21 AM EDT

Originally Posted By rcoers:
This is why I hold relators and defense personal injury attorneys in the same category.



I think that's what you meant.

No Expert
Link Posted: 1/31/2006 4:40:00 AM EDT

Originally Posted By nightstalker:
If someone offers what you're asking and you refuse to sell you MAY be violating your agreement, it's called specific performance. If you try and de-list before the expiration of the agreement they MAY try and sue and MAY win. However, you don't obviously have to sell below your offering price nor accept an offering price that includes side agreements that substantially alter your asking price like ...with furniture.



but this is a little different - it appears that it is not HIS realtor, but the other realtor whom he has NO agreements with
Link Posted: 1/31/2006 4:41:03 AM EDT
The realtor has not one leg to stand on. As has been said, unless the offer was made in WRITING and accepted IN WRITING, BY YOU, there is no contract and thus no liability. The jerk is trying to pressure you, and your realtor is going along to try and make the sale. You can take it off the market and simply refuse to sell at any time unless you signed some kind of funky binding sales agreement with your realtor...The only time you may get stuck with a commission fee is if you take it off the market and then turn around and sell it privately within a certain amount of time (specified in your realtor agreement, sometimes 6 months, sometimes a year)

The best thing that can happen is for this dumb realtor to sue you. You should at that point countersue and own the realtor...Tell YOUR realtor that since there's been a threat of suit that you're thinking of retaining a lawyer and commencing a countersuit (for the lawyer fees and 'mental anguish' ). Watch what happens....Odds are that they're going to 'suggest' that you 'hold off' while they try to talk the other realtor into 'forgetting' the suit...What they're really going to do is tell the other realtor that you're not going to back down and that both they're ass'es are going to be in a sling once you've paid for a lawyer...it will scare the pee out of them....And if they don't back down and shut up within 24 hours, GET A LAWYER.

Remember, a realtor is generally someone that doesn't have enough ethics to be a used car salesman. There ARE good, honorable ones, but they are RARE.
Link Posted: 1/31/2006 4:44:04 AM EDT

Originally Posted By MrClean4Hire:
If it ain't on paper, it didn't happen.




There is your answer.

Talk is cheap.
Link Posted: 1/31/2006 5:03:27 AM EDT

Originally Posted By 338winmag:

Originally Posted By MrClean4Hire:
If it ain't on paper, it didn't happen.




There is your answer.

Talk is cheap.



Parol evidence rule. Anything to do with real estate requires paper -- by law. If any agent doesn't know that then they need their license revoked for incompetence. That's really, really basic in real estate law.
Link Posted: 1/31/2006 5:09:47 AM EDT

Originally Posted By No_Expert:

Originally Posted By rcoers:
This is why I hold relators and defense personal injury attorneys in the same category.



I think that's what you meant.

No Expert



Actually, I think he knew what he typed and meant it.

Link Posted: 1/31/2006 5:17:05 AM EDT
tell that asshole to go fuck himself after pounding sand, then photoshop a picture of someones dick on his cheek and post it on the internet.
Link Posted: 1/31/2006 5:28:16 AM EDT
[Last Edit: 1/31/2006 5:35:24 AM EDT by ZitiForBreakfast]
As a Owner of a Real Estate company, as a Broker of a Real Estate company, and as an Agent of a Real Estate company I have this to say, if he is a LISTING AGENT or acting as a DUAL AGENT:

-If he didn't present a written offer to you, he doesn't have a thing.

-If he didn't get you to agree to terms and sign an purchase offer with signatures and initals where changes may have been made, he doesn't have a thing.

The only time he would be able to sue you for commissions agreed upon in the listing contract is IF he brought you an offer it was negotiated and accepted- then you refuse to sell the home. He has every right to ask and get those monies.

In this case he has nothing as far as a sale goes. If what you are telling us is 100% true and accurate.

The only thing he may have, is that you are pulling your home off the market early before the listing expires. There may be a protection period clause in your contract as well. This will protect the Broker for a period of XX-XXX day's after the contract expires that if anyone buys the home who the Broker was the procuring cause of the home, then the broker is owed monies. This prevents the buyer meeting the seller through cause of the Broker then the seller firing the broker then selling to the buyer.

If it aint on paper, it just doesn't exist.


If the Agent who is saying he is going to sue you is the buyers agent for another broker, tell your current agent he is calling you, they will know how to handle this.


Good luck. If you need a good guy in NV, let me know. I know of several.

Another Note:


If people (and I am not saying this about the original poster) have no intentions of holding up their end of a contract ( IE paying for services, selling or 'considerable negotiations') then they should not waste anyones time or get pissed off when people expect them to hold up their end of a contract that they negotiated.

Link Posted: 1/31/2006 5:32:53 AM EDT

Originally Posted By Javak:
Report to the board of realtors and have the fucktard's license yanked. It's people like this that give agents a bad name.



+1
Link Posted: 1/31/2006 6:28:02 AM EDT

Originally Posted By Javak:
Report to the board of realtors and have the fucktard's license yanked. It's people like this that give agents a bad name.


Amen!

Actually, just tell your agent that you are going to report them both to the Board of Realtors.

I'm not certain how the folks in Nevada would take to this sort of shiite, but here in Texas, you can lose your license pretty quickly for such conduct.

By the way, do you always refer to your house with a feminine pronoun?

That 'her' really threw me for a second ot two!

Eric The('He')Hun
Link Posted: 1/31/2006 6:32:55 AM EDT
Not all....but a decent amount of realtors are crooks. They are just like used car saleman. They will try to cheat you any way they can in order to get more money in their pocket.

Now if you are a realtor or used car salesman...don't flame me....I said MOST...not ALL .
Link Posted: 1/31/2006 6:40:34 AM EDT
Testosterone OD,

I am in a vile, shitty mood today. Send me the offending Realtor's name and number and I'll be happy to call him on your behalf.

FatMan
Link Posted: 1/31/2006 6:42:50 AM EDT

Originally Posted By imq707s:
Not all....but a decent amount of realtors are crooks. They are just like used car saleman. They will try to cheat you any way they can in order to get more money in their pocket.

Now if you are a realtor or used car salesman...don't flame me....I said MOST...not ALL .



We won't flame you on your post, you see we all work for money. Doctors, what ever you do, laywers, scientists, Realtors, NEW and used car salesmen, etc.

Please tell me how you have been illegaly cheated and LOST money or a home due to a Realtor or the same with a used car salesmen.

I would like to see a HUD as proof for the Real Estate end of it....That is the thing you signed at closing...
Link Posted: 1/31/2006 6:46:17 AM EDT
Also, for you lawyerly-types in this thread, the rule that requires that a writing involving the sale of an interest in real property comes from the English 'Statute of Frauds and Perjuries' passed by Parliament in 1677.

Pretty old, eh?

(And no, I wan't around back in ye olde days when it was first passed)

Most lawyers just refer to it as the 'Statue of Frauds', and it comes into play in more instances than just the sale of an interest in realty.

If a contract requires more than a year to perform...it applies.

If someone agrees to pay the debts of another...it applies.

If the value of the contract exceeds....a certain sum...now set by most jurisdictions at $500.00.

Eric The(YadaYadaYada)Hun
Link Posted: 1/31/2006 6:46:17 AM EDT
Link Posted: 1/31/2006 6:50:03 AM EDT

Originally Posted By Paul:
What are the terms of your contract?

That sets the bounds in performance for both halfs of the agreement.

Since it's real estate there's probably a boil plate contract that is signed between the agent/broker and you. I can get copies of the CA one but that's not going to help your NV problem. Look at your agreement and read what it says.



Paul, you guys out there in CA are in a real estate world by your selfs!
Link Posted: 1/31/2006 6:57:10 AM EDT
I accidently duped my own thread by double tapping so Im sorry for the 2 exact topics.
Thanks for all for all of the replies and advice. Im not used to people wanting to sue me.

Just to clarify, my agent is a friend of mine. He knew of my situation in selling the house to help my family (parents) and knew I really didnt want to sell it but had to. He has no issues in pulling it off the market. I have no intentions of selling it with another realtor.

All I know is that Friday night I got a call from a guy on my cell..made an apt for his clients to look at my home on sat afternoon. They came by, spent a few minutes looking at the place and left. I got another call from the prospective buyers agent asking how long I would need to move out and relocate. I expressely told him I needed to speak to my family. He said that they were just going to make an offer and I could discuss things after the offer was made. My agent calls last nite and says they offered 325k and Im asking 330k. I tell him to decline and pull the house as I dont need to sell her anymore. I didnt sign anything, I havent even seen the offer and I never agreed to a damn thing. If I get any more calls from the guy or if he calls my agent about the issue I will talk to a lawyer and file a counter suit as suggested.
I talked to a friend of mine who also does real estate and he told me that the area that I live in is in high demand right now so that might explain why they are trying to pressure me. My agent is just as baffled about the whole thing but said that he wanted to let me know just in case the guy tried to presue it further.

Again, thank you for the replies
Link Posted: 1/31/2006 7:03:46 AM EDT
You did nothing wrong, he's just pissed off & trying to fcuk with you. There is NO way he can sue you for that. If you had gone into a contract and then backed out, well that's a differernt story, don't sweat it.
Link Posted: 1/31/2006 7:05:15 AM EDT

Originally Posted By nightstalker:
If someone offers what you're asking and you refuse to sell you MAY be violating your agreement, it's called specific performance. If you try and de-list before the expiration of the agreement they MAY try and sue and MAY win (ETA, if you sell during the listing period). However, you don't obviously have to sell below your offering price nor accept an offering price that includes side agreements that substantially alter your asking price like ...with furniture.

We were sued by a realtor that sent us an offer that was back-dated (mailed to us on Monday and dated the previous Thurs to be within the listing period) and then claimed we renegged. His untimely mailing alone was a violation of his fiduciary responsibilities (I kept the mailing envelope) but he sued US for the deposit in Mammoth, 350 miles away in small claims. We showed up and beat his sorry ass. Never talked about selling the place again. It went from $75K to it's present $400K.



you are misinformed, this is merica, you do not have to accept an offer even if it is at the asking price, you need to study R/E law and mre importantly common sense.
Link Posted: 1/31/2006 7:55:27 AM EDT
Report the dooshbag for trying to con you. And next time refuse to deal with a buyer's agent or a realtor. Sell it yourself and save a fortune, it's not very difficult.
Link Posted: 1/31/2006 11:04:20 AM EDT

Originally Posted By Matthew_Q:
Have your agent tell the other agent to FOAD. He can't really do anything to you. You can list a house just to see if someone makes offers on it, you are not REQUIRED to actually SELL it if you list it.

Again, tell the jerkoff to FOAD.



RIGHT ON! I'm a real estate broker and if someone did that to one of my clients they'd be on the receiving end of a major ass-reaming, verbally and legally.
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