Profile picture for Trish1974

Can I (a buyer) have direct contact with the seller?

I am in the process of buying a new house. I have my own agent; he is not the one the listing is through.  There has been a ton of miscommunications between us clients and the agents during the negotiations, inspection repairs and setting up the appraisal. Now the results of the appraisal show the utility room must be finished (drywall and flooring) even though I agreed to finish this myself during negotiations.  Plus, the appraiser is saying 2 old barns on the property need to come down because of safety hazards even though one of them has recently been professionally straightened, rebraced and reanchored to the foundation with a new roof.  Apparently the appraiser was too lazy that day to really inspect the structure. There are a few missing boards and a large section missing out of the back of the barn but it is structurally sound and we were going to finish it after purchasing to use as a garage.  Considering this, I feel it is very necessary that correct information is exchanged between me and the seller regarding these issues, but I don't trust either agent!  I am very tempted to go talk to the seller directly so we can iron this out but is that a breach of contract or will I get in trouble by the agents?
   Also, I was wondering why the appraiser demanded these things be done because this is for a conventional loan, not FHA.  The house is only 6 years old and the seller never got around to finishing the utility room - its not like its in shambles.  Can he really demand these things for a conventional loan?
  • November 23 2013 - US
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Answers (6)

Profile picture for Jesse Storm
You hired an agent to protect you. If you talk with the the seller's and they agree to any thing it is not legal nor binding. This is why your Agent should be doing this due to the Arm's Length reach of the contract. That your lender will also have you sign at closing. Your Agent is there to protect you in every step. Talk every thing out with your agent and your agent may even suggest that you request the bank to do a sec. appraisal since the first one is out in left field. Appraisers are just making a suggested value and condition judgement. In some cases I have seen Appraiser who do a lot of FHA and Usda type of loans that can not look out side of the box when they due a conv. loan. Some times you will get an Appraiser who reads conditions and rule and then set's there own interpretation to what they feel it means. You as the buyer always have the ability to total disagree with the appraiser and request the bank to have someone else perform the appraisal. Talk with your Agent and cross over all of your options and and what you would like to see or except as an out come. Have the goal in mind and then fight for that out come. You may just have to fire a bank and have a new Appraisal done. You can have 2 or 3 guys go out and have a different out come each time. http://stormteamrealestate.com

  
  • November 23 2013
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Your agent should be in contact with you with every step of the way. I email, text or call my clients even when I get a "I have no news" call from the sellers agent. I am sorry that you are not being represented the way you should, I would reach out to the agents Broker and express your concern. As far as talking with the seller, NO, I would not reach out to them. Have you ever heard the expression too many hands in the cookie jar?  Well just be careful!Let your agent know how you feel. Good Luck to you! 
  • November 23 2013
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Profile picture for Trish1974
No Ofe, the seller does not yet have the results of the appraisal.  It just came in yesterday afternoon.  I immediately talked to the lender after I read it, and he said he has no direct contact with the appraiser and what the appraiser says goes. He did however remark that the report sounds more like it is for a FHA loan even though it says within the report it is for a conventional loan.  I was able to forward it to my agent last night and he said he would get with the seller's agent Monday, as she is out of town for the weekend.
  • November 23 2013
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Your buyer agent should be able to discuss with your lender the situation surrounding the Appraisal.  I think you should deal with that first, even if is means getting an extension of the closing.  Other respondents have suggested that you may want to have a four-way meeting, and that should be considered, but only after you know what would you like the outcome of the meeting to be.  Have you discussed the appraisal with your lender? As a matter of routine, when my buyer receives an appraisal that is subject to work being done to the property I submit that part of the appraisal to the listing agent who will share it with the seller, has that taken place already? 

  • November 23 2013
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Profile picture for wetdawgs
Get the comments in writing and have your agent carry it forward, or  perhaps in addition have a four way meeting (but I'd caution that this is not the first choice) that is designed "win win".
  • November 23 2013
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If you have entered into an agreement with your agent, you need to go through that to understand under what conditions you can terminate the agreement, If termination is possible, better do so. If not, I suggest you organise a joint meeting between the seller, his agent, your agent and yourself. Discuss all the issues, make the minutes , list the deliverables, agree on time lines and you may be able to salvage the situation. Good luck1
  • November 23 2013
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