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Interesting Situation

By
Real Estate Agent with Kendall Haney Realty Group

You never know what will come up on a weekend!

A couple of weeks ago I wrote a contract ... intra-company at that .... on a listing.  It was a nice condo, good price, and it needed some work but it wasn't going to be that hard of a job to get it into good shape.  My client had the best intention of fixing the home up and living in it a couple of years and then moving on.

Well there were so many problems with the transaction.  There was an undisclosed lien on the property that the closing attorney was not able to get cleared.  This was a short sale.  Closing dates came and went.  So what was going on?  One of the things that I advised my client was to consider withdrawing the offer because I honestly didn't think it would ever close.

I tend to work on the weekends.  Not something that my family particularly appreciates, but you do what you had to do.  So here I was walking into work.  I am a Broker and as I was walking into our building, the receptionest, a wonderful lady, asked me if I could possibly answer a question that a caller had.

The gentleman had put in a contract on a condo and gave his earnest money deposit.  He wanted to finish his purchase of the condo.  He had talked to his agent, the listing agent and even called the Office Manager.  The man rambled on and on and on about this situation.  Guess what property he was talking about?  The one I had a contract on.

Now we were told initially that there was a contract that was being withdrawn.  A few days after we submitted our contract we were told that the other contract had been withdrawn (of course none of this was ever entered into the MLS system) and we were primary contract.

As I talked to the gentlemen, it became evident that he was one of 3 contracts on this house. 

My Mom always taught me that your sins will be found out.  This listing agent got caught on a Saturday morning in a telephone call by chance that I just happened to take.  So be careful out there with how you conduct your business.  This matter will be handled internally but if it weren't an internal matter then it would be a matter for the Board and the Real Estate Commission!

Posted by

 

Douglas Lovitt
Washington Management Company, Inc. - Mill Creek, WA

Sorry to hear about this situation, and I understand the internal conflicts that can and will arise.  I would certainly think twice about giving this agent a free pass from facing the board of Realtors, your agent or not.  I've been a broker 18 yrs and it has been my experience that if they get off lightly, they are more inclined to take another short cut.

Dec 28, 2009 02:33 PM
Andrew Monaghan
The Monaghan Group - Glendale, AZ
CRS, GRI, EPro Associate Broker

Isn't this a dual agency situation?

what about treating all parties fairly?

Dec 28, 2009 02:34 PM
Sun City Grand Homes Surprise AZ Real Estate Leolinda Bowers Designated Broker Leolinda Realty
Leolinda Realty - Surprise, AZ
Sun City Grand in Surprise Arizona

Don't you hate it when the listing agent does not disclose.  I wouldn't be surprised if the listing agent had written the third contract.  And as Andrew said, in a dual agency we are required to treat all parties fairly.

Dec 28, 2009 05:44 PM