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Our Realtor blew the deal, what can we do?

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We made an offer on a property that was accepted and signed by the seller. However, our non-communicative "Dual Agent" Realtor left us thinking that the seller didn't sign and we proceeded to cancel the inspections we had already scheduled. After several unanswered calls to check on our offer, the agent emails a signed contract to us. We had the understanding that the seller was required to deliver the signed contract before the deadline, so our agent points out that the fax stamp on the contract shows that he did fax it by the deadline and that she had "been busy" and didn't deliver it to us in a timely manner. We point out that the non-communication on her part caused us to lose a week of our "inspection period" and we would like to change the dates of the inspection period to accommodate it. She sends us a "null and void" addendum, which we did not sign. We again request an addendum to change the inspection dates, but she wants changes of her own, like unlimited time to "close the deal" (no set closing date) and she sends over an addendum with her changes, but not ours. We write in the ones we wanted, sign it and send it over. The deadline for the addendum passes and no news from her. We call to check on it and she tells us that she will contact the owner and get back to us. Two more days pass and still no news from her. Today, I called her again and she calls back/leaves a message that the owner accepted another offer "from a friend" for "more money". My question to the zillow community is; Where does this leave us? What is our recourse against this agent for blowing the deal. We still have a signed contract that is legally enforceable, but our heart is not in it anymore. But we feel this agent has been highly unethical. What are out options at this point?

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July 03 - Davie

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Susan Penn, "SusanPenn"
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Susan Penn, "SusanPenn"

Real Estate Agent

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Wow! Sorry to hear of your situation. I hope your first step was to speak with the Realtor's managing broker. I received a client due to lack of response from the listing realtor. Someone asked what makes a great realtor? A great realtor answers the phone and calls back in a timely manner.The inventory is extremelly low at the moment. If you still need help [content removed by moderator for being self promotional] Susan Penn, EWM Realtor. My office is inside of Weston's Town Center.

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August 30

Carol-Lynne Mittelbusher, "Carol Lynne"
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Carol-Lynne Mittelbusher, "Carol Lynne"

Real Estate Agent

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One other venue for a complaint is the NAR, if the agent is a Realtor. (not all agents are - it will be stated on her card.) Realtors have a specific standard of ethics; clearly, she appears to have violated it in several ways. File a complaint with them as well as with the broker, the RE Board in your area, and the state licensing board.

That's an awful scenario - and real estate just doesn't have to be that horrid. Next time around, get referrals from friends or co-workers, and interview a couple of agents. Best of luck in the next transaction!

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July 04

jkonstant
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jkonstant

Real Estate Agent

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The above mentioned scenario has nothing to do with dual or tranasction brokerage. The very same things could just as well happen when two agents from different firms are involved. In this case the agent and her broker are fully responsible for violating parts of the code of ethics and Florida Real Estate Law. At this point since "your heart is not in it anymore" you have two choices. Pursue this first with the broker and insist on getting a contact number, email and website for the Florida Real Estate Commission as you are filing a complaint. Then do so. Or get your earnest money back and move on.

I find it amazing how many of these similar complaints about non communication have appeared on Zillow the last few days. Don't these agents get it. Even if they don't understand their responsibilities, you'd think they'd want a paycheck. You can never be too busy to finish your job. That is a poor excuse for being incompetent.

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July 04

Stephanie Thomopoulos, "mybrokersteph"
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Stephanie Thomopoulos, "mybrokersteph"

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The above advise you have been given is good. I'm sorry to hear of your unfortunate situation.

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July 03

rjon.101
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rjon.101

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Marcus

Please elaborate or post another thread , I would like to hear more on your idea "In any contract pay for the title so you can control the closing agent and have yet another advocate on your side. That is a place many buyers/sellers can gain or lose additional control in a transaction."
thanks

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July 03

Marcus Vanzant, "Bradenton_Realtor"
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Marcus Vanzant, "Bradenton_Realtor"

Real Estate Agent

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Xamby, as real estate agents we too sometimes run into situations with other agents that make us feel much the way you do. However, sometimes the time and agrevation are not worth the pusuit, but in other situations it is a must.

You have several options if you wish to file a complaint about the treatment you received from a realtor (state licensed real estate agent) . First you can notify the broker. Second, you can file an ethics complaint with that agents board. Third, you can file a complaint with the State. Finally, if you think you have a case and want to enforce the contract you can find a good real estate attorney and gain advice there.

Although all agents like to close transaction and have both the buyer and seller, I would always suggest you find a TRUE professional, as a buyer, to represent ONLY YOU. Do not go it alone, the decision of home buying it is too important. Also, in the future, find a good real estate attorney or title company to work with. In any contract pay for the title so you can control the closing agent and have yet another advocate on your side. That is a place many buyers/sellers can gain or lose additional control in a transaction.

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July 03

Kimberly Brandon, "KimberlyBrandon"
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Kimberly Brandon, "KimberlyBrandon"

Real Estate Agent

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'dual agency' is illegal in FL. Contact her broker - all 'prospects, buyers and sellers' belong to the broker - agents may disagree but that is law - explain everything - if broker not responsive and does not solve your problems get a real estate attorney.

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July 03

wetdawgs
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wetdawgs

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I'd report her behavior to the state licensing board and her broker.

I'd make sure every one of the transactions you've mentioned was documented in writing (hopefully E-mail confirmations) rather than just 'he said/she said'.

For your next deal, I'd start interviewing to find a good buyer's agent. Dual representation is almost guaranteed to get you into trouble.