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I Am an AGGRESSIVE Real Estate Agent --------- You Better Believe IT!

By
Industry Observer with RETIRED / State License is Inactive Inactive License Oregon

Carla Muss-Jacobs is One AGGRESSIVE Real Estate Agent -- You Better Believe IT!  Builders, Lenders . . . OH MY!

There is a reason why I take a very aggressive stance when it comes to representing my clients.

It's because I have to!

I read two posts today that almost dove-tail what I have been experiencing for the past two weeks.

First Post of Discussion:   Is Building a Custom Home Fun?

Here is what happened very recently . . .

I stipulated in our contract that the builder shall pull permits prior to the commencement of construction, and I specifically detailed the city and the HOA by name.  

The permits from these entities needed to be issued prior to the commencement of construction

We (my buyer client and I) stipulated that, and they (the builders/sellers) AGREED!

Guess what?

The builder started construction WITHOUT obtaining the PERMITS!!  Yes they did!!  

When the HOA told him to stop construction because the HOA hadn't approved the lower level plan, he told us about it all -- TWO WEEKS AFTER.

How did he disclose this?  He sent over the new plans (which my client never approved) with his changes.  And he wanted my client to "Pay us" for the additional sq. footage.

HA HA HA -- that's never . . . and I mean NEVER . . . going to happen!!

Second Post of Discussion:  This is Why Buyers and Sellers Need Their Own Representation

Although the post is about dual agency . . . it's more about buyers thinking they know things . . . when they DON'T!

In a recent transaction, Buyer switched lenders.  This was done AFTER the contract was mutually accepted.  I never realized he was NOT approved by Chase, and I won't get into the details.  

Suffice to say, because Chase took this on, during a mutually accepted contract, they placed my client in a situation that had him in NON-COMPLIANCE with the contract . . . for over TWO WEEKS!

The pre-approval from Chase was back-dated to June 28th

When I spoke directly with the loan officer on June 29th, I was told that the buyer (who is ALREADY IN CONTRACT, keep in mind) had not applied for a loan with them yet, and  the pre-approval would take 7-10 days.  I got the pre-approval yesterday, July 14th!  But, Chase back-dated it to June 28th.

That means that the buyer HAD NO LOAN IN PLACE . . . and was out of compliance.

And here I am trying to tap dance to Chase's tune all the while knowing that the contract could be revoked at any time by the seller if they wanted to.  The BUYER DIDN'T HAVE A LOAN IN PLACE -- he switched lenders.  He had NOT applied for a loan within 3 days, on and on and on.

I called the lender's manager and was told by the Chase Lending Manager the following:  

"I can't wait to tell the buyer how rude and aggressive you are!*"

REALLY?!?!?

I'm aggressive to keep the contracts KOSHER!  

Be very careful when dealing with Chase loan officers and lenders who write in all 50 states.  They DO NOT KNOW your contract!

 

Posted by

 

 

Carla Muss-Jacobs has RETIRED effective May 1, 2018

Representing Buyers in the Portland Metro Real Estate Market | Clackamas Multnomah and Washington Counties | Since 1999

Carla Muss-Jacobs, REALTOR®, ABR, CEBA, ePro
Principal Broker/Owner ~~ INACTIVE

Carla Muss-Jacobs' retirement became effective May 1, 2018

Direct: 503-810-7192 

 

All Rights Reserved © 

Gwen Banta
Sotheby's International Realty - Los Angeles, CA

Carla, some idiots out there do not know the difference between aggression and professionalism. Kudos to you!

 

Jul 15, 2015 07:29 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Oh My Gawd .... People DO NO LIKE being held accountable for their crap.  You were doing your job and protecting your clients best interest despite the fact that your client made a ding-bat move with the lending situation. What else can I say about that?

Jul 15, 2015 07:46 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

FEATURED IN CRAP-TACULAR

 

What's Up With The Crappy Attitude Chase?

Jul 15, 2015 07:47 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Kathleen Daniels  --  in your market, I believe you have a status on your listing sheets which are a Yes/No check box to: Accepting Back Up Offers.

Right?

We are not at that level yet, i.e., having back up offers solicited in this manner.  However, that doesn't say backups don't get submitted, or that we may see this type of solicition . . . and SOON!  

Buyers doing the slightest "oopsie" to the terms and conditions will get their offer REVOKED by the sellers in a heartbeat!  Chase loan officers, in their zeal to get the loan, are going to be putting buyers in non-compliance and exposed to the offer being revoked.  They have NO concept of how competitive some markets are.  You are in a highly AGGRESSIVE market . . . where accepting backup offer is the NORM!!

Jul 15, 2015 07:56 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Carla Muss-Jacobs, Principal Broker/Owner buyers who go it on their own and/or rely on a "dual agent" to give them guidance is "riding for fall".... the money that's involved and at risk to be lost is reason enough to secure the services of a buyer's agent.... an assertive buyer's agent to give them proper representation.... buyers will find themselves in such deep trouble without the proper representation, it's sinful....and the warnings are all over the Internet...the posts are indexed .... why are the buyers not paying attention!!!

Jul 15, 2015 08:10 AM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Carla - I love the barking wolf in the pink boa!  I think that should be my new avatar.  Aggressive agency is becoming more of a necessity than ever.  Lots of agents, builders, lenders & clients playing fast and loose with contract terms and it simply MUST stop!

Jul 15, 2015 08:33 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

always someones else's fault for them not doing their job.  We have to stay on top of it at all times.

Jul 15, 2015 09:26 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

"The builder started construction WITHOUT obtaining the PERMITS!!"  That line alone makes my hair stand on end!

Jul 15, 2015 10:18 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

You go girl! Carla, your clients are fortunate to be represented by someone that truly has their back.

Jul 15, 2015 10:54 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Being a watch dog for your clients, and knowing when to spring into action to keep them out of trouble contractually, is a very good thing.

Jul 15, 2015 11:59 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Yes, you are agressive but, obviously because you take your job VERY seriously...as EVERYONE should!  I don't understand Chase's mentality - they should be grateful that you were pushing so hard - you saved the deal for ALL parties, including THEM!  

Jul 15, 2015 01:49 PM
Joy Baker
RE/MAX Insight - Salem, NH
So NH RE & Short Sale Specialist

Good for you, Carla!  I find that, in general, mortgage loan originators have absolutely no understanding of the legalities of the purchase and sale agreement.  I had one LO tell me that I was the first agent he'd ever encountered that insisted on a clean commitment (yes there will be the typical conditions that can only be taken care of at the very last minute but I do not want a laundry list of conditions on my buyer's commitment letter) and he didn't understand why.  Well, our contract specifically says that if the buyer offers up a conditional commitment as satisfaction of the financing contingency then if the buyer cannot obtain their financing for any reason, the seller can declare them in default and keep their earnest money.  That is not happening to a buyer on my watch!

Jul 15, 2015 02:35 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It is important for buyers to hire a buyer agent when they buy new construction but some buyers do not know it.

Jul 15, 2015 08:44 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Joy Baker  . . . EXCELLENT comment!  Thank you for the detail.  Good for you, and your knowledge of the contract shows!!  What concerns me are the LO who write in ALL 50 states.  WOE to the buyers agent who isn't montoring the LO.  And don't even get me started on the LO who want to tell the buyer what needs to occur in the transaction!  They haven't even read the contract, nor understand how it applies.  I LOVE selling real estate . . . but lenders are the necessary evil, and the bane of my existance.  There is no way possible that a LO is going to know what the legal ramifications are in all of the states they write.  It's impossible.  And, as you point out, there wasn't even a real estate agent who seemed to get the language in your neck of the woods.  You were the first, because you were probably the first to understand the language of the contract AND what the boiler-plate pre-approval could do to your client's EM.  

Jul 16, 2015 02:09 AM