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Agent sues Sellers for cost of staging

By
Real Estate Agent with City Brokerage, Hamilton

An article in a Toronto newspaper caused quite a stir on the radio waves a couple of days ago.

Apparently, a real estate agent in Toronto listed a house, proceeded to stage it, paint it, and clean it up. The owners had bought the house only months ago and then decided to separate/divorce.

The house was on the market for several months and two ten thousand price reductions followed

 Finally, they got an offer for $428,000, countered  to $460,000 and when the buyer finally signed that counter, after expiry of irrevocability date, they  decided to take their house off the market, realizing  they would be taking a significant loss if they sold at that price , which IMHO is everyone’s prerogative.

The agent turned around and sued them for about three thousand, for the physical work of staging and painting. She felt they had no real intention to sell but were rather testing the market to see what the buy out for one of them would be.

They finally settled out of court for about $1,600.

I went on the newspaper site (the StarI I  believe) and browsed the reader  comments; some of them pretty nasty about real estate agents, some saying that that is just the cost of doing business and some agreeing with the agent.

 

Something similar happened to me, some years ago, I had lugged furniture to an overpriced listing, the only thing had in writing was the sellers’  signature by my market evaluation pegging the price at twenty thousand below the price they insisted on listing at.

Some months and a lot of anxiety later the listing expired and they did not want to re list with me. Yup, I rented another truck and lugged all my furniture home and learned a big fat lesson.

The house sold for exactly what I said it would sell for, a year and four agents later.

The good news is that the same sellers called me later to sell something else.

This time at market value. my terms and no staging.

 

http://www.thestar.com/article/1100849

 

 

 

Posted by

                B  i  a  n  c a       M  a   r  i  j  a  n     

 Broker/Owner of City Brokerage

 

 

bianca@citybrokerage.ca     289 389 2323  

www.besthamiltonrealestate.com  

 

 

 

 

 

hamilton real estate listing mls for sale agent realtor

  

 Selling, Living and Loving Hamilton

 

 

 

 

 

 

 

Bruce Hicks
Best Homes Hawaii - Honolulu, HI
Your Best Hawaii Realtor!

It is not a healthy situation when the agent has to go that far as to take it to a lawsuit.  The nearest thing I can recall is that just after we recorded, a buyer's water heater broke and flooded their town house.  They had taken it 'as is' and knew, in writing, that the heater was very old and would have to be replaced.  Only a week later, it broke.  Since they were strapped for funds, I loaned them $500.  They never paid me back and on top of that they wrote a bad letter complaining to my broker that I should have paid for it in the first place! 

Dec 16, 2011 06:30 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

The staging efforts should have been paid for by the sellers from the beginning and agents need to be facilitators; however, they should not go out of pocket for these selling costs

Dec 16, 2011 06:55 AM
Jon Eliason
EXIT Realty Advantage Pagosa, Pagosa Springs, Colorado - Pagosa Springs, CO

Bianca ~ Staging is something I haven't engaged in yet, so I really can't comment on that part. I like the fact that they thought of you after everything that had occured. It's amazing how some Sellers don't listen to their Agent, especially after you show them the numbers. It's nice that they saw that, in retrospect. Congrats on the new listing.

Dec 16, 2011 07:13 AM
Bianca Marijan
City Brokerage, Hamilton - Hamilton, ON
Broker Owner of Independent Real Estate Brokerage

Bruce, I feel your pain :)) Been there with a furnace but that is still too painfull to talk about:))

Wallace, yup, it all boils down to clarity, clarity clarity, in biz and private.

Jon, it was really the evaluation, that I have sellers sign  and keep copy that clinched another listing from them and the second time around I knew I had to do things differently!!(market value or the highway)

Dec 16, 2011 07:42 AM