Realtor Question?

[dubb93]

How do you fire one? I met one at an open house and set him up to be our buying agent. He showed us 7 properties that we picked out and never suggested any others. We finally found one that we loved and it just so happened to be one of the two properties he showed us where he was also the selling agent.

Long story short we sat down and ran comps and such and submitted an offer that we both agreed was fair. The other guy came back at $100 below asking price and the realtor then began a hard sell saying in some cases the exact opposite of what he did when I submitted my offer. I told him I clearly have no voice at the table here and I'm not countering. I contacted another agent (who agreed to show me other properties but would need more details before being willing to proceed on that property), but this guy just keeps trying to push this damn house on me at a price that I don't think it will apprase for.

[cubboyroy1826]

As long as you have not signed a buyer representation agreement you just let him know you have decided to work with another agent because you do not feel he is a good fit for you. Just be honest and let him know you would prefer to work with someone else. There me some pushback but with nothing in writing he really has no way to make you stay with him. Honestly even with a signed buyers agreement it is bad business to force someone to work with you.

[Flasch186]

What state?

There could be an issue with procuring cause on that one particular home. Ask to talk to his broker if nothing else and explain the situation.

[dubb93]

Originally Posted by Flasch186

What state?

There could be an issue with procuring cause on that one particular home. Ask to talk to his broker if nothing else and explain the situation.

Indiana

[cubboyroy1826]

Yeah if you are still wanting that same home but want to use a different agent to negotiate it then that very well could be an issue.

[dubb93]

I got ahold of him and let him know I wasn't going to be interested anymore and had made contact with another agent. He text me an hour later that they had come down 5%. I think it will appraise for close to 10% below current asking which is where I offered, but hey...we are actually negotiating now. Funny how that works.

[Flasch186]

Is he working both sides?

[dubb93]

Originally Posted by Flasch186

Is he working both sides?

Yes, seems I have no choice at this point but to either move on in my search or listen to this guy.

[HerRealName]

If you aren't under any time pressure, the appraisal gives you a way of fact checking. If it comes in low, don't budge from the appraisal price. If it comes in at your negotiated price, it was a fair price to pay. You may lose out on an opportunity for a little equity but at least you won't be overpaying. They're assigned by the lender so they should be conservative, especially if the down payment is less than 20%

[cubboyroy1826]

What type of mortgage are you using? If FHA or VA there is an escape clause if the house does not appraise. For FHA that appraisal stays with the house for 120 days and anyone coming along afterwards using an FHA loan would have to use that same appraised value.

[dubb93]

It's a conventional, but my first offer was pending an inspection and an appraisal and I have a text from his number stating the new offer is as well. I don't really have much trust in him at this point, but if I needed an out and they fought it I could use that.

[Flasch186]

The offers don't matter in his text etc. Its going to matter whats in the paperwork so be sure that's as you wanted.

[dubb93]

How do I get the previous owner out of the house? We are past closing and I own the house. Contract simply states that the seller is to forfeit the keys to the buyer within 30 days from closing starting the day after closing. That's all it says about vacating.

I followed up with the realtor today and he contacted them and they stated that they are under the belief that they can live in the house until they find another suitable place to live. The thirty days are up in a week and on the 1st I will have both the mortgage and my current rent due.

I'm gathering that after 31 years in the home they built that they didn't want to sell but could no longer afford to upkeep it. They also aren't going to find a house in a nice neighborhood like this locally since this is about the most desirable couple mile stretch outside of town in the county.
I don't know exactly what they have in mind as far as a new place but they simply aren't going to find what they sold unless they would be able to expand their budget considerably(which isn't in the cards for them).

This much I do know. They should now have plenty of money. We paid over 2x the median home sell price for the county and they have been paid. Short of horseshoes, hand gernades, and/or land mines what is good way LEGAL way to motivate them to vacate sooner rather than later.

[Butter]

You should be able to straight evict them, but that's not an immediate process. I would think also you would be entitled to them paying for you staying somewhere else in the meantime if they refuse to get out at the 30 day deadline plus legal fees if it comes to that.

I don't know why anyone would not expect the keys/access at closing and/or have very spelled-out and harsh penalties for them extending their stay beyond when the property should be yours.

[dubb93]

I guess my other question is what the hell happens when 30 days passes? My agent simply said, "they have to get out, it's yours." OK....well that doesn't inspire a lot of confidence since they already said they don't have a place to go.

[bob]

Yeah, this is very bizarre. Are they paying you for rent for these 30 days? Sounds like your realtor really fucked up if there are no penalties outlined in the contract.

[dubb93]

Originally Posted by Butter

I don't know why anyone would not expect the keys/access at closing and/or have very spelled-out and harsh penalties for them extending their stay beyond when the property should be yours.

We asked for keys at closing but the agent told us it was standard to give them 30 days. They also requested 30 days and wouldn't sell the property without having that so we didn't have much of a choice if we wanded the property.

Since this has passed and I have done more research I realize that I'm not happy with that section of the contract at all. I believe like you that there should have been harsh penalties tied in to staying over 30 days but at the time I didn't even know that was an option. This is why we hired an agent to begin with. To take care of those details of the purchase agreement that we weren't familiar with.

We are first time home buyers. We've rented the same property and maintained it like we owned it for the better part of a decade but this was the first buying experience.

[dubb93]

Originally Posted by bob

Yeah, this is very bizarre. Are they paying you for rent for these 30 days?

No, which I agreed to. The house is very desirable and it sold quickly. They requested the time and presented as "we need this time or we can't sell it." My major concern now is the time after those 30 days.

[Butter]

Originally Posted by dubb93

We asked for keys at closing but the agent told us it was standard to give them 30 days. They also requested 30 days and wouldn't sell the property without having that so we didn't have much of a choice if we wanded the property.

Since this has passed and I have done more research I realize that I'm not happy with that section of the contract at all. I believe like you that there should have been harsh penalties tied in to staying over 30 days but at the time I didn't even know that was an option. This is why we hired an agent to begin with. To take care of those details of the purchase agreement that we weren't familiar with.

We are first time home buyers. We've rented the same property and maintained it like we owned it for the better part of a decade but this was the first buying experience.

I get it. Your agent failed you badly. 30 days after closing is far from standard practice, and if included there should've been protections (monetarily) for you if they decided afterwards to not get out.

Basically, I think you'll have to evict them at the end of 30 days since "friendly" isn't working. Read up on your town or city's eviction procedure, because it is different everywhere and if you fail to follow it to the letter, you could get screwed some more.

[JonInMiddleGA]

Originally Posted by Butter

Basically, I think you'll have to evict them at the end of 30 days since "friendly" isn't working. Read up on your town or city's eviction procedure, because it is different everywhere and if you fail to follow it to the letter, you could get screwed some more.

I'd go with this. I've seen some horrible timelines for eviction in some jurisdictions so you need to get educated on those, like, NOW.

And the attitude of the local sheriff's office is going to come into play as well.
Some jurisdictions have the frustrating tendency to drag their feet as much as possible (whether on purpose or from simply being overwhelmed by the number of process serves they have to do).

This could all move as smoothly as the law allows ... but I'd be preparing for it to be otherwise. And that starts ASAP.

[CraigSca]

Yeah, I've never heard of the "it's standard to give them 30 days" crap, either. Every time we've bought a house you're given the keys at closing and then take the moving van to move in that same day.

I wish I had some advice for you, as it sounds like you're in a tough spot with this one.

[molson]

Might want to just hire a lawyer to help get them out. I bet it wouldn't cost too much and they could really help move that process along. Realtors are not always very well versed in real estate law (and they'd be risking practicing law without a license even if they knew enough to help you).

I'm not a real estate lawyer, but I'm not even sure if eviction is the appropriate route here. They're not your tenants. Maybe they're just trespassing, once the closing date comes.

[Butter]

Originally Posted by molson

I'm not a real estate lawyer, but I'm not even sure if eviction is the appropriate route here. They're not your tenants. Maybe they're just trespassing, once the closing date comes.

Yeah but they kind of are because he gave them 30 days after closing to live there, basically rent-free.

I have rented before, and it is not as easy as you think to kick people out of a property they live in, even if they have no legal right to the property and aren't paying you anything. You can't just go in and put their stuff by the side of the road (although in some jurisdictions you can). There's a legal process that must be followed.

[molson]

Ya, and come to think of it, I was a seller in this kind of scenario and I can see now the concern the other side had. I got an unsolicited offer on the house, took it, and was worried about finding a new place relatively quickly.. I offered to pay rent if they let me stay for a bit, if I needed it the time. They refused that, but were happy to push out closing for a few months. I guess that was the reason. The second we closed, I would have become a tenant, and they'd also have no easy recourse if I damaged anything in the house or took any of the fixtures with me.

But once you're past closing and they're still there, then you need a lengthy legal remedy.

[dubb93]

Originally Posted by molson

Ya, and come to think of it, I was a seller in this kind of scenario and I can see now the concern the other side had. I got an unsolicited offer on the house, took it, and was worried about finding a new place relatively quickly.. I offered to pay rent if they let me stay for a bit, if I needed it the time. They refused that, but were happy to push out closing for a few months. I guess that was the reason. The second we closed, I would have become a tenant, and they'd also have no easy recourse if I damaged anything in the house or took any of the fixtures with me.

But once you're past closing and they're still there, then you need a lengthy legal remedy.

Didn't really know I could push closing either. Had a real estate agent telling me if it went past 30 days from the purchase agreement that the PA would be void and the seller would ask for more money.

That said the offer was not unsolicited. They had the house on the market and it took my bank the full 30 days to close. By the end of this 30 days it will have been 60 days since we signed the purchase agreement. Actually slightly more than that as they signed it three days after I did.

[dubb93]

In fact I was calling my bank daily for updates to make sure I would not end up losing the house.

[digamma]

Joining with the chorus of this seeming really odd. Are they at least maintaining their own insurance for any damages?

[Coffee Warlord]

Wow, I've also *never* heard of not having the keys and full ownership at closing. As far as I know, in a normal situations, you've closed, you've paid the money, unless there was a separate rental agreement, they have zero right to be in there.

[dubb93]

Originally Posted by digamma

Joining with the chorus of this seeming really odd. Are they at least maintaining their own insurance for any damages?

Probably!? IDK my bank required I have and pay a full year of home owners insurance at closing. The home owners insurance company was fine with me not living there for 30 days.

I want to stress I'm not concerned with these people trashing the house. They are an elderly couple that built the house 31 years ago with a family reputation in our small community that they would not want to tarnish. They even hired a contractor to come out and put in a new sliding glass door after we signed the purchase agreement because it "always needed replaced." They also agreed to all my requested fixes after the inspection.

I know they will not damage the house intentionally. I just need them out of the house that I have paid them in full for.

Would the procescutor's office give me the laws of eviction? I don't even know where to go for those besides google which has failed me.

[molson]

Originally Posted by dubb93

Would the procescutor's office give me the laws of eviction? I don't even know where to go for those besides google which has failed me.

That's probably more of a state attorney/attorney general's office role. My state AG's office publishes info on landlord/tenant law. Your state's AG office may have something like that on their website that can at least point you in the right direction.

[JonInMiddleGA]

Originally Posted by dubb93

Would the procescutor's office give me the laws of eviction? I don't even know where to go for those besides google which has failed me.

Local procedure would likely dictate who has what.

I believe that eviction is ultimately handled by the sheriff's dept in every place I've ever come across. I'd start with a call to them, if they aren't the correct first-call then they'll quickly point you somewhere else.

[CU Tiger]

On the 31st day I'd have my moving truck in the driveway. You might not can make them leave but you do have legal right to inhabit. (Consult local attorney, just dealing in SC law here)

If they wanna stay, fine but it is about to get crowded.

[Flasch186]

Sounds like a terrible Realtor. I'm shocked by this thread.

If there was a post-occupancy agreement we would've had an attorney draw it up.

[AnalBumCover]

Wait. Is this the same agent from earlier in the thread who was working for both sides of the transaction?

[stevew]

Isn't there a middle strategy where you send out a certified letter tomorrow detailing their options and hope you jumpstart them?

Just a general shitty situation, I'd be driving by every day to see if they've made any movement on the leaving front.

[dubb93]

Originally Posted by AnalBumCover

Wait. Is this the same agent from earlier in the thread who was working for both sides of the transaction?

Yes. Our #1 mistake was when WE asked him to show us the property. As I said earlier we only got an agent to do the contract side of it. We told him all the properties we wanted to see and when we wanted to see them. It just so happened that the property that my wife fell in love with he was also selling.

I explained the situation to two other agents and neither were willing to help us move on the property and thus we are stuck with this mess.

[stevew]

I bet you googled the same things I did, but I thought the idea of finding out how much an attorney costs and just making the old owner a similar offer sounded solid. Such as, "we offer you $500 cash and one full day of 2 men and a truck service(or equivalent) but you have 24 hours to agree and 24 hours to evacuate. Otherwise we will initiate legal proceedings." Hopefully they agree and you're in the house as soon as possible.

Have you driven by and seen any indication they are moving?

[AnalBumCover]

Originally Posted by dubb93

Yes. Our #1 mistake was when WE asked him to show us the property. As I said earlier we only got an agent to do the contract side of it. We told him all the properties we wanted to see and when we wanted to see them. It just so happened that the property that my wife fell in love with he was also selling.

I explained the situation to two other agents and neither were willing to help us move on the property and thus we are stuck with this mess.

Something smells off here. I mean stinks. Either this agent really is so dumb that he really has no clue about real estate, or found an opportunity to take advantage of the naïveté of first time homebuyers or the too-trusting elderly couple, or both.

I'd start looking into Squatters' Laws in your state.

[Scarecrow]

Not fixing the initial problem, but I'm contacting Indiana Real Estate Commission as soon as possible.

[dubb93]

Originally Posted by Scarecrow

Not fixing the initial problem, but I'm contacting Indiana Real Estate Commission as soon as possible.

I'm going to do that. Just not sure I want to do it now while I need him to help me. I would be worried he would completely shut down at that point.

Talked to him again today. I'm thinking he pressured both sides to close before we should have to get his cut. He told me today that they have an apartment that they get the keys for in mid August. I told him that isn't good enough for me and said that is fine he has an empty house they move into for $1400 a week.

I suppose that would be pretty good in New York City, but that is kind of rediculous here. Never heard of rent anything close to that here. The apartment complex they are moving to runs about $550....a month. This guy is a snake.

[sooner333]

Check your contract before you decide to rely on the realtor to help. Oftentimes their loyalty is to the seller only, especially in a situation like this where the realtor is on both sides.

[dubb93]

This is just as rediculous today as it was when I posted first, but there has been some headway made. I expect this to take a turn for the expensive.

We had a neutral agent from out of county agree to review the contract. He made many of the same statements that were made in this thread and contacted my agent on my behalf. The seller is now willing to pay rent to stay until sometime in "mid August." The rent they want to pay is half of my monthly mortgage. Doesn't seem acceptable to me so we have a meeting set up with an attorney and it seems we will go from there.

[dubb93]

Originally Posted by sooner333

Check your contract before you decide to rely on the realtor to help. Oftentimes their loyalty is to the seller only, especially in a situation like this where the realtor is on both sides.

He is/was legally obligated to both of us and according to a quick chat with an attorney legally going to be responsible for any damages done to the property and quite possibly lost rent related to how he wrote the contract. Will know more when we sit down and talk with him.

[dubb93]

Hopefully Final Update: The lawyer made contact with the agent today and a few hours later we are told that we will have the keys on or before day 30! We are very excited to hear that we will have the keys to our home on time! I just wish I knew more about the process before hand and could have either had the keys a month ago or got a month of rent.

[stevew]

Please light that guy up with ant applicable licensing board. So much unnecessary frustration

[Butter]

That's good news. Hope it all comes to a satisfying conclusion for you.

[PackerFanatic]

Originally Posted by stevew

Please light that guy up with ant applicable licensing board. So much unnecessary frustration

No kidding. What a crazy situation for you - but I am glad to hear that it it hopefully coming to a good conclusion.