Special offer

You want me to HIDE your boo-boo on a purchase offer?

By
Real Estate Broker/Owner CalBRE# 01433049


You want me to HIDE your boo-boo on a purchase offer?


Wite-Out


The short answer? NO NO and NO! A purchase offer came across my desk with a performance impossibility on page 4 of 8 pages. The agent had checked a box asking my seller for a document that would, if accepted, become part of the contract. My seller can't provide said document, so this contract wouldn't stand up for 2 minutes in underwriting.

I called the buyer's agent and asked for a revised page 4. "Oh, he said. That check box was left over from an earlier contract I wrote for this same buyer. Can't you just use Wite-Out?". ARE YOU KIDDING ME? Do you realize you are asking me to modify an offer after your client has signed it?

By now several thoughts have gone through my head ...

  1. What you just asked me to do is unethical and illegal as HE$$
  2. Why are you using the same contract for an entirely new offer?
  3. If this was an OK thing to do, why don't I just modify the offer price while I'm at it?

Sorry, Charlie. If YOU want to Wite-Out a term on a purchase offer AFTER your client has signed it, then go right ahead. But don't ask me to do that. It won't happen. Not now, not ever.


Posted by

Ā 

Cynthia Larsen (707-332-2560) is an independent real estate referral broker in Sonoma County, California as well as a Certified Probate Real Estate Specialist.

CA Broker License #01433049

Comments(39)

Raine Carraway (Michelle Carraway)
EXP Realty - Lenoir, NC

It's sad that someone would even ask you to do that, but I bet it goes on a lot. I've had other agents ask me to just "write in" or change something a couple times. On one, I refused and told her she needed to have the  clients sign or initial the changes - she sent me a changed/signed copy within 20 minutes, where the signature was obviuosly traced.

 

Jul 27, 2011 03:47 PM
Bill Pohl
Tetra Homes, Inc. - Loveland, OH

Those are the agents that need to leave the business.

Jul 27, 2011 04:18 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

How do you spell L-A-Z-Y?

Jul 27, 2011 04:41 PM
Scott Hayes
(512) 786-8300 - Austin, TX
Realty Austin, Broker Associate

Don beat me to the punch Cynthia. I don't know why these agents haven't left the business. But what can you do.

Jul 27, 2011 05:25 PM
Malcolm Johnston
Century 21 Lanthorn Real Estate LTD., Trenton, Ontario - Trenton, ON
Trenton Real Estate

Yikes, that is just plain wrong. However, when you do get the revised page 4, I'll bet dollars to donuts that the other agent just used the white-out himself and forwarded it to you. 

Jul 28, 2011 01:51 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Tammy - yes, the liquid kind was used by the buyers agent ... old school :)

Rodney - I made that mistake once, when I hadn't received the pre-approval letter yet. I took care of it with an addendum, not Wite-Out :)

David - oh yes they do! But the correction tape is the way to go, not that liquid stuff.

John - I did a transaction early this year where every contingency release was the same one with Wite-Out used for new dates, different contingencies being released, etc. Even it the buyer knows about it, it isn't right.

Raine - some changes happen too quickly, don't they? There is no way the buyer could have approved the change unless they just happened to be sitting in the agents lap.

Bill - I agree!

Jane - lazy and D-A-N-G-E-R-O-U-S!

Scott - I push back, I feel like I'm helping by not making their life easier.

Valerie - he scanned and e-mailed me a new page 4 after using liquid Wite-Out to remove the X from the check box.

Malcolm - consider yourself a dollar and donut richer.

 

Jul 28, 2011 04:41 AM
Michelle McCarthy
Berkshire Hathaway - Tiburon, CA
Experienced Realtor Call 415-279-5329

Sounds like you had a lazy selling agent who wasnt taking the time to do his/her job right. 

Jul 28, 2011 06:33 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Bingo, Michelle. The fastest way to make an error on a purchase contract is to re-use a contract that has already been filled out for an entirely different transaction. The only common info is the buyer's name and the agent's name, everything else is super important to get right as each transaction is unique. But I know I'm preaching to the choir in this response to you. Have a great 2nd half of the year down there in beautiful Marin County.

Jul 28, 2011 12:21 PM
Karen Hawkins, MBA - Langley & Surrey, BC
Royal Pro Real Estate Network - Langley, BC

Yikes, big risk working with that agent...and the scariest part is that the other agent seemed to be so nonchalant and assumed this was "no big deal"...

Jul 28, 2011 09:53 PM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Karen - pretty much business as usual

Jul 29, 2011 04:12 AM
John Cannata
214-728-0449 http://TexasLoanGuy.com - Frisco, TX
Texas Home Mortgage - Purchase or Refinance

Not even sure why the heck he/she would have even suggested that option. New to Real Estate perhaps? Or maybe just an idiot...

Jul 29, 2011 04:47 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

John - 30 years in the business, a broker with his own company. Go figure.

Jul 29, 2011 05:30 AM
Gwen Banta
Sotheby's International Realty - Los Angeles, CA

Amen to that! Cynthia, I used to have a buyer who fought me constantly because he wanted me to sign documents for him! it didn't matter how convenient I made it for him, (this was pre-Docusign) he still wanted me to risk my license for him. I refused, so we parted ways, and he found someone who would. The mentality of "It's not bad unless you're caught" was the motto of plenty of inmates in San Quentin!

Jul 29, 2011 01:47 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Suggested this one Cynthia!!  I had written up an offer on behalf of buyer.  Sellers counter, which we expected.  Oddly enough . . . BOTH sellers signatures were NOT on the counter.  HUH??  Only the wife signed.  I had to call the listing agent, and he said the husband was very hard to pin down.  HUH?!?  How about BOTH signatures from BOTH sellers on legally binding contacts!!!  This really spooked the buyer, who was jittery to begin with.  I've seen agents SIGN / INITIAL documents for their clients because they were too lazy to obtain these.  It's a very bad reflection.

Jul 30, 2011 07:48 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

Really? He photocopied a previous offer on another property. I guess, he's the definition of lazy not to mention unethical. Oh and let's not forget stupid for asking you to do such a thing.

Jul 30, 2011 04:27 PM
Melinda (Mel) Peterson
Grants Pass, OR - Bend, OR
The Savvy Broker - ABR, CRS

OMG Cynthia... you're joking, right?!  No stinkin' way!  And... the agent is the broker?  WTF?  He must've missed the 'White-out section' in the Broker's training course!

Jul 31, 2011 01:06 PM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Gwen - it's amazing how some agents think it is OK to sign for their clients. Nope, not OK in my book!

Carla - I've known agents to sign for their clients using Docusign, and that is bad enough! I can't believe they submitted a counter with only one signature ... what was the point?

Tammie - this was a Zipforms document that was re-used. Doing that is dangerous because unless you start from scratch, you take the risk of leaving a box checked that shouldn't be which was the problem in this case.

Mel - nope, not joking ... I wish I was!

Aug 01, 2011 04:51 AM
Paul S. Henderson, REALTORĀ®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

As I always tell other agents I negotiate with; everything is negotiable but a contract is a contract and legally binding...

Aug 01, 2011 05:00 AM
Leslie Ebersole
Swanepoel T3 Group - Saint Charles, IL
I help brokers build businesses they love.

We couldn't make this stuff up, could we? Sheesh! Wonder if the buyer knew he was being compromised by his broker?

 

Aug 01, 2011 01:06 PM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Paul - those words "legally binding" should be a clue that Wite-Out should not be used ... ESPECIALLY by the broker who didn't write the contract!

Leslie - I'm pretty sure the buyer has no idea that Wite-Out was used on the purchase contract.

Aug 02, 2011 04:58 AM