Profile picture for mrsrjm

in need of assistance got in to an argument

i been working with realtor in miami for last 6 month looking at homes, finally after 4 month a short sale got acept it, now my realtor and listing agent got n to an argument  and she told me that was going to cancel my contract, the appraisal was send and paid for and we just waiting for the approval of the bank we closing 19th of sept. can she do that , and if not i need to be able to report this 2 people. i dont want to loose a house that i have waited for so long, or the money that was paid for,, what can i do help any one
  • August 27 2011 - Gables
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Answers (14)

Profile picture for sunnyview
You tell your agent IN WRITING by email with a bcc back to yourself that if she cancels your contract without your consent in WRITING over a personal matter with the other agent that you will hold her professionally and financially responsible for the failed deal. Offer her the option to reassign you as clients to her broker or to offer you a selection of several other agents in her office for you to interview.

Your agent does not have the unilateral decision to cancel an accepted contract without your consent. Cover your behind in writing and make it clear you do NOT intend to rescind or cancel your accepted offer after waiting 4 months over her personal spat with the listing agent. You might also want to contact her broker directly and make it clear that you will not stand for anything less than professional representation from his/her office.
  • August 27 2011
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You may follow Sunnyview's advice.
The agent cannot cancel the contract. She is not a party to the contract. The parties involved are: sellers, buyers and in short sale-lenders.

  • August 28 2011
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Profile picture for Dunes....
You should also report the entire incident to the Florida Department of Business and Professional Regulation..Division of Real Estate..

The info on how to do that is here

Help protect the Next Person
  • August 28 2011
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Profile picture for Michael Helton
However, you may want to wait on filing the complaint until AFTER you close on the new house.
  • August 28 2011
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Profile picture for Dunes....
Why?...









 
  • August 28 2011
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Apart from this post being sponsored by Lowes, nothing else seems right either... normally... no matter how bad the agents hate each other they will be the ones trying to keep it glued together.  I feel like we need many more details...
  • August 28 2011
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Profile picture for Dunes....
Good point..they would be throwing away Pay Checks
  • August 28 2011
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Interesting short sales? mmm. As the others have said the information that you have provided makes this a challenging topic to discus but I'll give it a go. First and foremost I really do hope that the property you are in contract with has been in contract for the last 4 months and the bank has accepted your offer rather then you have been searching for the last 4 months and finally have found your dream property. The process of negotiating with the Bank(s) can take anywhere from 48 hrs to several months to agree terms on your offer. Usually I would suggest that you spend minimal money on inspections, appraisals and such until we have iron clad acceptance from the bank minimizing your risk to losing your hard earned dollars.  A patient stance will be required as your Realtor® should already know, a short sale situation can be complex and in some circumstances may even happen. As Sunnyview stated the contract is the contract so heed the advice above and talk with your agent to give him /her an opportunity to appease the situation in an adult manner and clear the air. Make sure you document this in writing and legal advise may be prudent. Kind regards, Chris
  • August 28 2011
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Listen to Sunny and don't procrastinate.

Happy funding, Rudi
  • August 29 2011
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I agree with all the above.  Agents don't give away commissions.
Short sales are hard work, I suggest that you also try to contact your realtor's Broker, ultimately this is the person in charge.
  • August 29 2011
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You are the only one that rescind the contract.  You can go to the Broker to complain about this behavior of your agent.
  • October 10 2011
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Profile picture for Greg Harrelson
The contract, if ratified, should be in effect no matter the disagreement you had with the agent. If you can no longer talk to the agent, call the broker and request they get involved. Tell the broker you are not wanting to complain yet really want this home and the fact you have a contract.
  • October 10 2011
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The Short Sale contract is between you, the seller and the 3rd party (bank). There is no way your agent can cancel...but the agent can "Fail" to do their job representing you at this point and cause you to be out of contract by not complying with "Time is of the Essence" deadlines and timelines required by this binding contract. I suggest you get your agents Broker involved ASAP and make sure you personally have a Real Estate Attorney also working for you "NOW" for sure and reviewing all documents and especially the HUD before closing.
 
I do agree thought; the information provided in this post from the buyer seems short of facts. We as Realtors or agents work for free until we close a contract (escrow). I do not know any Realtor who would do all this work and walk away from being compensated for thier time and efforts. I am sure they have bills to pay and a family to feed just like most of us.
  • October 11 2011
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Before any other agents provide legal advice on this topic without all of the facts, it would be my suggestion that you contact a recommended real estate attorney in your area to review your rights under the contract.  Find an attorney that has the personality to win friends so that he/she can possibly hold this deal together.

If you can not afford an attorney then your next step is to contact both agent's brokers and possibly the seller directly in an effort to calm the storm.



  • April 02 2012
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