Did I screw up?

Profile picture for scarybrat
 I put in an offer on a short sale. So far, I've heard nothing, and my real estate agent says i'm pretty much dead in the water, as I was not the first offer in. At any rate I've lost all interest in the house, and since it's pretty moot  anyway he suggested we keep looking. Last night I found my absolute dream house, well, dreamish for me anyway and told him I wanted to make an offer. Well, here's the thing, we haven't pulled the offer on the first house. What IS WRONG WITH ME? He said he never gave the earnest check to the seller's agent, so according to him we're okay. He's like you won't lose your money, you're safe, blah, blah, but now that I think about it. NO I'M NOT. I just can't believe how stupid I ma. Not only that, he missed some major things on this new offer. Like whole sections that need to be filled out. I just feel so screwed right now. I called him, and of course, he's not answering, and told him I want to meet with him first thing tomorrow. I want to pull the offer on the first house. I'm about ready to pull him, but can't because i signed a contract for him to to represent me for three months. Have I screwed up?
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January 09 2009 - Wilmington
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Answers (8)

It might be best to call the Broker in Charge at the office where your agent works as you cannot get an answer. Perhaps he is sick or away. Be persistent in order to speak to someone in the morning so that you can withdraw your offer in writing as soon as possible. Sorry you are going through this.
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January 11 2009
Profile picture for natewolf

What's your other question? I'm in North Carolina and I would like to follow your progress :)


Did you talk it out with your Realtor?

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January 11 2009
Profile picture for scarybrat

I had him cancel the offer on the first house. We are now waiting to hear back from the owner of the town home which leads to another question that I will post seperately.

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January 10 2009
Profile picture for Agent Zohreh
It all depends. You need to make sure you read the offer on the 1st house to see when the expiration deadline on the property is. Traditionally, the most effective way to pull out of an offer (if you have a signed offer back from the seller which does not seem to be the case) is to notify the seller or the seller's agent in writing of your intention to withdraw and not sure what state you are in, but where we are, we always have the clients sign off on a 'release' form basically releasing all parties of any liabilities of any kind. Please read your offer carefully and see what the deadline (as to how long the seller had) to respond to your offer. Once the offer expires/lapses, you should be okay, but we always notify the seller in writing...so to give yourself the peace of mind, I would say ask your agent to send a notice in writing to the seller's agent confirming that you have officially withdrawn your offer and no longer wish to pursue the first property. You can always withdraw also from a contract with an agent, but you must also notify him in writing of such. Good luck.
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January 10 2009
Profile picture for natewolf

No you are not screwed. Most contracts with an agent have clauses related to the required duties of the agent and if he is not fulfilling those duties, you can fire him. I never want to recommend this if it can be salvaged, and you should first call his boss to let the company know what has happened. His boss may be called the "Broker in Charge"-- there are different names for the Lead Broker depending on your state.


The Broker in Charge may be able to represent you or assign a different Agent to represent you.

In most states, if he did not present the Earnest Money, or deposit it into an escrow account, then he did not even technically present a valid offer and may be in serious violation of State regulations.

If you still cannot come to an agreement to cancel his service contract and he is a Realtor, you can complain to the local Board of Realtors in your city/county, and also complain to the State Board of Real Estate Licensing. These are two different organizations.

If you want help with finding the organizations in your area, feel free to contact me and I will do what I can to assist you.

If this has answered your question, please give me a "thumbs up" by clicking below ---\/

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January 10 2009
If you are in California, as I am, a buyer has the right to back out of ANY offer/contract  within 17 days. Check what the disclosure period is where you are.  Also, if you have further questions, I would recommend telling everyone what state you are in so you can get information pertaining only to your state.

It sounds as though you are really stressed which means to me that you need your Realtor to take more time with you explaining the process. I find the more time I take to educate my clients, the less stressed they are and enjoy the process more (as much as it can be enjoyed).
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January 09 2009
Profile picture for EastBayPro

I have know idea what your contract looks like, but here in Calif I write the contract so I can get out of it any time I want to.  I fax the offer to the listing agent and just fax a copy of the earnest money deposit to the listing agent.  The actual EM check stays with the buyer until we have an accepted offer.  We keep looking at houses and making offers until some one accepts the offer and my buyer still wants the house.  If they still want it we ratify the contract and open escrow.  To get acceptance on a short sale contract can take weeks but will probably take months.  Don’t get emotionally involved with any house because you probably won’t get it.  Sorry but that seems to be the short sale game.

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January 09 2009
it depends how short sale contracts are treated were you are. In arizona, they are not considered binding UNTIL the bank responses and comes to agreement with you, usually in an additional addendum. BUT most states do not have the same practise, you can always cancel an offer if it has not been accepted by the seller. If it has been accepted, you probably still can, but your local practises will govern how to do it.

what sections weren't filled out? were they supposed to be the same as the first offer?
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January 09 2009
 

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