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Here is yet one more installment of my most bizarre transactions. 

An elderly, but cash heavy buyer, contracted to purchase a small home on the north side of town.  Being retired, and in less than great health, he fell in love with the large corner lot with all the flower beds and the 5' tall, multi-level water fountain that was set upon it's own perch in the garden and energized by the underground electrical service designed specifically for this magnificent, peaceful piece of art.  He envisioned enjoying this beautiful garden and water fountain for years to come as he sat on the covered patio.  Now let me say that before we had even submitted his offer, I felt obligated to warn my client that this may be a troublesome transaction as I knew the listing agent well..she was nearing her 25th year in business and had a less than stellar reputation among the real estate community yet had still managed to build a sizable following of clients.   

                      

It just so happened that my client lived only blocks away (in an apartment) from this house and he drove past it daily, sometimes twice a day as he yearned for the closing day to arrive.  Then, about four days prior to closing he noticed the waterfall was missing.  I'll never forget the sound of alarm in his voice when he called to tell me, "someone stole the waterfall!"  I was afraid it was going to put him in the hospital knowing all the heart problems he had.  I finally got him to calm down a bit and told him I would call the listing agent so her clients (who were now living in another state) could file a police report.  My client was heartbroken to say the least.  I contracted the listing agent phone and told her the water fountain was stolen.  To my surprise she said, "no it wasn't."  I asked her if she knew what happened to it and she said, "yeah, I took it."  To be honest, I was certain I heard her wrong.  I asked her again and go the same response.  I asked her why she removed it and she said, because it doesn't go with the house.  She said, "it's like a picnic table, and those don't convey either.  Well needless to say, we had a strong difference of opinion on that.  A 5' water fountain with specially designed underground wiring to it is a far cry from a picnic table.  We argued for a few minutes before I explained that I would contact the police regarding this matter.     

I told my client what happened and he began screaming that he would $^$$%% that %^$$%$.  Again, I had visions of an ambulance arriving too late to save him.  Again, I calmed him down and we discussed our options.  Although he was retired, he was no less the savvy businessman he always was and he took matters into his own hands.  He tracked down the sellers and called them them.  He explained the situation and was assured that they intended the water fountain to convey.  I again called the agent and explained this and she began yelling at me to leave her clients alone.  And she still refused to return the water fountain, even after repeated calls from the sellers insisting she do so. 

I knew this would go nowhere quick, so I scheduled a lunch with an old friend, who just happened to be a Detective/Sargeant with the local police department.  While we ate, I explained my predicament and asked if he thought the county attorney would accept a case of theft.  He stopped eating, called the C.A. and was told, "file it."  Now, at this point, you would think common sense might come into play with the listing agent.  After all, the Detective called her and "told" her to return the water fountain, to which she responded, "I can't, I gave it to my mother."  So the Detective began getting his statements from the sellers, my client, me and others and I explained the situation to my buyer.  He made a few calls to his sphere and found out that the listing agent's mother had died about two years prior.  How did he know this?  One of his friends actually attended the funeral.  Well, once I told the Detective about this event, he went ballistic and told the listing agent that he was swearing out a warrant for her arrest and that he'd not even consider arresting her until he could do it at her office.  I think they call this the "Perp Walk."  Apparently the listing agent saw her world coming down around her and within an hour of that call from the Detective, the water fountain was back at the house and set up. 

After much discussion about filing a complaint, my client requested, as did the sellers, that we "just get it closed' and not drag them into any more problems.  They did not wish to make any further statements or answer any more questions from anyone.  I swallowed a bitter pill and honored their requests, but reluctantly so.  And to this day, I can't believe someone would disparage their own dead parent in order to cover up a crime.      

 

23 Comments on "I Gave It To My (Dead) Mother", Agent Says

OMG!!!  That is awful!  I'm glad it actually closed and that the Fountain was returned.  Is the Agent still in business?

03/11/2008 12:21 AM by Vickie Arcuri - Ft. Lauderdale, FL Luxury Homes (EWM Realtors- Esslinger-Wooten-Maxwell, Inc.)


Oh Wow.  Just. Wow. There are some strange people in this business.

I had sellers go balistic over a porch swing they'd said they would convey and then moved it and refused to give it back.  They were totally irrational people and I ended up just paying for a new swing for the buyer rather than screw with that mess.  Yikes! Glad he got his fountain back and hope his ticker's okay!

03/11/2008 12:23 AM by Sheree Wilkerson (Allegiant Realty)


GOOD GOD!!!!  Did she really think no one would miss a five foot fountain?  What was this lady smoking to even attempt to compare it to a picnic table?  It sort of reminds me of a story I heard while I was getting my license.  My instructor told a story of how a homeowner couldn't get a CO for a deck that he had not gotten a permit for.  He took it out and hoped no one would notice!  Yeah - right....sure - no one is going to notice. The buyer found out on the walk through - minutes before the closing. Suffice it to say it was a very interesting closing.  Of course, this was not a case of agent theft...but it was tremendously stupid. 

03/11/2008 12:30 AM by Ruthmarie Hicks (Keller Williams Realty)


As a side note, the waterfall cost the original owners over $500 dollars several years prior...and it weighed over 600 pounds.  My client saw listing agent's husband and son bring the waterfall back to the house on a flatbed trailer. 

Just wanted to clarify that for those few who think I may have taken this too far yet again. 

03/11/2008 12:33 AM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


One has to figure that any fountain that had special underground wiring systems was far from trivial. No...this was THEFT - plain and simple. 

03/11/2008 12:53 AM by Ruthmarie Hicks (Keller Williams Realty)


Not sure what is going on in this market.  It seems as if every day it gets stranger.  There are many stories that I hear from friends in the business as well as wierd things happening with my deals.  Full moon????  We all need to hang in there because it will get better. 

03/11/2008 06:44 AM by Laura Karambelas-Chicagoland Real Estate (Baird & Warner)


Unbelievable!  I have no stories that come close to that!  You did the right things and HAD I been faced with the same situation I would have done the same. 

03/11/2008 06:53 AM by Leesa L. Finley, REALTORĀ® (Circa Properties)


Guy...

Wonder if the original listing or any brochures mentioned the water feature? Anyway, seems crazy that an agent would jeopardize a sale without simply calling you ans asking you if your client would mind if she took the waterfall. We can all assume, I think, that she didn't call because she already knew the answer!

03/11/2008 07:02 AM by Richard Weisser, Associate Broker, E-Pro ERA United Realty, Auctioneer, CE Author (Coweta Fayette Real Estate, Inc. ERA United Realty)


Richard - Yes, the photos showed the water fountain as it's the focal point of the back yard.  But in our promulgated contract forms in my state, there's no question this fountain conveys with the home since it was attached with special underground wiring that is used only for this fountain and was also considered part of the landscaping.   

03/11/2008 10:17 AM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


Vickie (FL) - Yes, she is still in business and doing very well....never ceases to puzzle me.

03/11/2008 07:39 PM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


You might want to post this to the AR comedy club, or Anything goes.  More people might read it there. It's tough for good blogs to get noticed these days. It deserves more eyes and comments IMO.

03/12/2008 10:03 AM by Ruthmarie Hicks (Keller Williams Realty)


Thanks Ruthmarie.  I didn't know about those areas, but will check into it.  Thanks as always for your help.

03/12/2008 11:00 AM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


Leslie, I never notified the state because neither the seller or buyer wanted to pursue it any further and without their statements, I am more than certain neither our board nor the state would pursue it either.  Sad, but this is the very reason this agent lives to continue her unethical ways.

03/22/2008 04:40 PM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


This is the reason she and many others like her still have their license.  She has probably gotten away with this type of thing before and it's sad she thinks it's ok.  Here the saying is 'when in doubt, write it out'.  Even though the contract indicates fixtures like that would stay.  Plasma TV's are an issue because of being attached to the wall.  Even if it sounds dumb, I write it in the contract.  

03/24/2008 04:43 AM by Phoenix Arizona Real Estate ~ Doreen McPherson (Keller Williams Arizona Realty ~ Scottsdale ~ Tempe)


Doreen, that's right. If it's not stated on the contract the fountain stays with the house. That agent has issues.

Here is a test for fixtures from the California Real Estate Principles:

Method of attachment.

Adaptability

Relationship of Parties

Intent on Placing on Land

Agreement of Parties

 

03/24/2008 03:23 PM by Jesse "Travolta" Sierra, B.Sc. (Weichert Realtors Foothill Properties)


Doreen / Jesse:  Thanks for your comments. This is a Texas promulgated contract form which does specify clearly what conveys and does not.  There was no doubt in my mind, no doubt in the buyer's mind, no doubt in the seller's mind, no doubts in the contract form, no doubt by the police depatment and no doubt by the county attorney's office, so I think I'm safe to say the only doubt was on the part of a thief. 

Something that has it's own concrete pad and special underground underground wiring that only serves that item would no longer (in Texas) be considered personal property...it has become attached to the property.  But again, a thief will find a way to justify their actions....they always do.   

 

03/24/2008 05:17 PM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


It takes all kinds.  We've even had people dig up rose bushes and other plants.  Crazy.  That agent definitely has and issue.  :)  Good thing you the calm type.  

03/25/2008 01:07 AM by Phoenix Arizona Real Estate ~ Doreen McPherson (Keller Williams Arizona Realty ~ Scottsdale ~ Tempe)


Guy,

That takes the cake! I've heard of sellers taking everything including the kitchen sink but I've never heard of  a listing agent taking something that's so obviously a fixture. 

03/25/2008 01:15 AM by Susan Peters - Seattle Realtor/Staging Specialist (Re/Max Mutual Realty)


Susan - I really can't understand why someone who has a solid business would steal something so relatively insignificant and then argue with the police over it.  She obviously could afford to buy one is she really wanted one, but instead chose to steal this one.  I guess it's just a power thing.  Weird!

03/25/2008 07:48 AM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


I can't believe she is still in business.  I would turn her into her broker and tell him/her what happened.

03/25/2008 10:06 AM by Brian Kreick (Kreick, Inc.)


Brian - She's had this reputation for years and her broker has known about it for years...but, since she's this company's top salesperson, the broker dare not tell her to leave.  Show Me The Money!

03/25/2008 10:09 AM by Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613) (The PowerHouse Group)


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Real Estate - Other: Guy E. Gimenez  ABR, CRS, GRI - Broker - Austin Texas Homes  (512-731-5613) (The PowerHouse Group)
Guy E. Gimenez ABR, CRS, GRI - Broker - Austin Texas Homes (512-731-5613)
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