Zillow Advice: Selling Process - Is this collusion? Buyer agent offered my agent the co-listing after the rebuild http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ Zillow Advice | Zillow Real Estate hi, please let us know how ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ hi, please let us know how this situation is finally resolved...good luck! Fri, 02 May 2014 04:24:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-05-02T04:24:00Z It does sound &nbsp;like ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ It does sound &nbsp;like a conflict of interest.. Are you sorry that you sold the property? Do you feel that you were underpaid for it and could have gotten more from another, or a better buyer? I don't think you can go to the broker on this, but you can have a two hour appointment with a Real Estate Attorney. That would probably be your best course of action. Fri, 25 Apr 2014 22:22:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-25T22:22:00Z &nbsp;Your agent has a fiduciary ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ &nbsp;Your agent has a fiduciary responsibility to you and based on what you state it does not appear that he is acting as such.&nbsp; <br/><br/>It seems that since the initial offer that you entered into, that the buyer is changing the terms.&nbsp; It is ok for them to get a mortgage, but if you signed a offer stating that it was not subject to this then it can not appear or be a means for the buyer to get out of the transaction.<br/><br/>If you truly feel as strong as you sound, I would have your attorney send the broker owner of your agents company a letter explaining why you no longer want to proceed with this transaction, as you have multi reasons, ones that the board of licenses would love to hear.<br/><br/>You can not just back out however, it is based on what you signed.&nbsp; That said, it is a very time consuming and costly process for someone to sue for specific performance and in your case based on what you have stated you would have a strong case. Tue, 22 Apr 2014 08:58:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-22T08:58:00Z Best of luck getting this ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ Best of luck getting this resolved user8868836...let us know how it goes Mon, 21 Apr 2014 06:46:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-21T06:46:00Z Thank you all! Really appreciate ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ Thank you all! Really appreciate your guidance and wisdom. Sun, 20 Apr 2014 20:47:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-20T20:47:00Z Thanks for the reply.&nbsp; ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ Thanks for the reply.&nbsp; I think a few issues need to be raised with an attorney who can answer the questions for you.&nbsp; One new one is the change from cash to financing.&nbsp; The type of loan is the buyer's problem, but the change would trigger an issue with the standard contracts I use.&nbsp; Since you are in California and I don't use the same forms, I can't speak to whether this is an issue for you, but it's one to explore. <br/>Another is assigning the contract without your written consent.&nbsp; This again is a change in the terms of what you understood and may or may not be allowed based on the terms of your contract.&nbsp; <br/>As to hoping to sell to a nice family, we can't discriminate against family status.&nbsp; I tell my clients all the time the only color or status that matters is the color of the money.&nbsp; If you had multiple offers and had two very competitive, one builder and one you understood to be a family, builders are not a protected class so you would be allowed to elect that one over another, but with only the one offer, assuming you have good information to base a decision on, it may have been wise to move forward. The issue I see is whether your agent truly had your interests at heart when they advised you.&nbsp; Participating with the new buyer on the future sale does raise questions that deserve exploration.&nbsp; <br/>So, as we've all been saying, get to a Real Estate attorney immediately tomorrow with copies of the contracts and all the communications you've had with your agent and anyone else involved.&nbsp; <br/>I can't tell you how this will turn out, but you are not happy with the direction and need answers,&nbsp; This is the only way to get reliable answers you can make decisions on.&nbsp; Best of luck and let us know how it goes. Sun, 20 Apr 2014 20:04:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-20T20:04:00Z You should *definitely* seek ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ You should *definitely* seek legal counsel. &nbsp;That said (and I'm certainly no lawyer) but it sounds like the buyer has changed the terms of the purchase. &nbsp;If I'm reading correctly, they've added parties to the agreement, changed the financing terms, etc., after the initial agreement was made. &nbsp;Is that correct?<br/><br/>Does the seller not have to agree to those changes under California rules &amp; regulations? &nbsp;Have you signed off on any amendments/addenda to the original purchase agreement? &nbsp;Again, definitely ask your lawyer. Sun, 20 Apr 2014 19:16:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-20T19:16:00Z We can't give you legal advice, ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ We can't give you legal advice, you know. Based on what you've told us, I would talk to an attorney tomorrow, and I would strongly consider trying to get out of this deal, get rid of the agent and broker, and re-listing with somebody new.<br/><br/>ll the best, Sun, 20 Apr 2014 16:48:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-20T16:48:00Z Hi, thanks all. We're sad ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ Hi, thanks all. We're sad to say the least. We really wanted to sell to a nice family that really wanted the house. We were told by our agent that the house wouldn't appraise etc and that we must go with this first buyer who was bringing a cash offer and didn't need an appraisal. Now, it turns out everything has changed...cash offer is no more...it's now a loan. Renovation is a tear down. The one buyer turned into two buyers (partners in a new builder business) and now they want to swap out the first buyer completely. It's been a bizarre ride. I hope I never have to sell a house again. :(<br/><br/>One other question...this is a builder but he's getting a personal residential loan. Is that legal? Sun, 20 Apr 2014 16:16:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-20T16:16:00Z Good morning,A solid real ... http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ Good morning,<br/>A solid real estate attorney will be able to give you the best information.<br/>I'm really sorry to hear about this. &nbsp;It's impossible to say for sure whether the contract is void - that would be a questions for a judge to answer. &nbsp;It sounds like the property is still in escrow and hasn't closed escrow yet, is that right? &nbsp;If so, have you asked your agent/broker if you can cancel the contract? &nbsp;It's a long shot, tell him/her about the email you now are aware of and let him/her know you believe they have acted unethically and will take it to the next level if they cannot convince the buyer to let you out of the contract.<br/><br/> Sun, 20 Apr 2014 16:08:00 GMT http://www.zillow.com/advice-thread/Is-this-collusion-Buyer-agent-offered-my-agent-the-co-listing-after-the-rebuild/537141/ 2014-04-20T16:08:00Z