Profile picture for bj1949

Is it okay for my agent to add a clause to the contract without my knowledge?

My condo is being sold in a short sale. Over the years that it has set empty, a neighbor using my driveway, backed into the garage door.The bank says it must be sold "as is".....I told my agent that I wasn't going to worry about the garage door because we had to sell as is. Now that we are about to close she asked me when was I gonna take care of the door. I said I wasn't because of the "as is" clause. She then told me that she had written into the contract that the garage door would be taken care of.. I was very disappointed because I have no money to take care of it and had depended on the as is clause to cover that..Is this okay for an agent to do??
Thanks,
BJ
  • February 03 2014 - US
  • 0
    0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

Answers (7)

BJ1949-

Good Evening.

As not to answer w/o knowing all of the facts and figures, traditionally it's never okay for an agent to make any moves w/o their client(s) approval, yet, if she put it in the contract and you ratified it, hopefully she explained it and you read it. I personally call, text and or email any issues, updates, changes, etc. to my client(s) prior to drafting up anything, yet there have been occasions, especially with short sales, where your client has permission not to add or subtract but to act in your best interest in order to keep the transaction going, as many times your lender(s) or lenders take a nice amount of time to reply, but when they do, they often give you very little time to keep everything moving, thus, little time to agree to terms.

In the end, the short answer is no, yet, we are not looking at all of your notes, docs, emails, etc. Nor do we know whom you may have authorized to "speak" on your behalf.

I hope that helps.

Have a BEAUTIFUL night.

-Shawn I. Rogers, REALTOR, AZ.
  • February 03 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for brendawells824
Most definitely not. The agent should not have added anything to the offer or after the executed contract without your knowledge. Anything added to the offer or executed contract must be signed by both parties.
If she did not bring this to your attention at the time it was written in, the agent is surely in the wrong.
If you can not resolve this with the agent, I would consider taking it up with their broker. Then, if need be you can take it to Real Estate Association that is in your area.

Hope this was helpful

Good Luck!
  • February 03 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for sunnyview
"Now, if the clause was written in BEFORE you executed it & you did not see it, then it IS your responsibility to fulfill the clause."

Really? So if the agent failed to explain the terms of the contract and the seller was trusting enough to believe that the listing agent clearly heard the seller's expressed to sell "AS IS" with a stated intention of not repairing the garage door, that agent is absolved?

I am a big believer in reading what you sign. However, when you pay a professional to represent YOUR interests and explain the contract as part of their professional scope that does not fall under client beware when they fail. The agent did wrong if she slid that clause in without discussing it. She is wholly accountable. 

The seller can choose to pay to make this issue go away, but I would not allow the entire commission to go back to the selling agent. I would request the amount for the garage door be held in escrow while my complaint on her license proceeded with her board or licensing body unless she chose to resolve it amicably before the close.
  • February 03 2014
  • 2Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Thanks for posting your question on Zillow.

No is the answer.  ANY changes to the contract must be initialed by all parties.  Now, if the clause was written in BEFORE you executed it & you did not see it, then it IS your responsibility to fulfill the clause.

Good luck.
  • February 03 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for wetdawgs
It is never okay to insert a clause into a legal contract without approval of the person who signed the contract (i.e. you).   Insertions should have your initials.    Therefore, there are options :   1)  She remove it.   2)  The agent to pays for the garage door repair as the agent is the one who promised that it would happen.   3)  You pay for it so you can get this issue that has been hanging over your head for years behind you.

If not resolved easily, talk to her broker.

  • February 03 2014
  • 2Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for sunnyview
No it is not ok. Your agent should not have added a clause to a contract without it being discussed and you agreeing to it first. I would humbly suggest to her that the amount to the garage door should come out of her commission since she added it to the contract.
  • February 03 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

I think that more importantly - will she remove it now that you've asked her to?
  • February 03 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.