Here is a question I found on the Active Rain Q & A from some unrepresented buyers who signed a contract to buy a home from a for sale by owner (FSBO).  It was submitted 09/27/08 at 03:17 PM

"We are purchasing a home from a for sale buy owner situation. We used a simple contract from an office supply which did not have a possession clause nor did we think to write it in. After signing of the contract, the owners stated they needed 45 to 60 days after closing for their home to be build. They are under the assumption that they have up to 30 days to vacate after closing to vacate without paying any rent, etc. What are the guidelines in Kentucky as there was no clause in the contract and no mutual contract between us? What are the option that we have if they will not pay rent and want to cancel the deal. We are suppose to close this coming Tuesday"

This IS really is a shame.  I really do feel badly for these people because they were not aware of the possible issues that can come up. 

The representation of a REALTOR could have been priceless in this kind of situation. 

I wonder if the FSBO seller used disclosures???  I wonder if the buyer had a home inspection??? These people need a lawyer obviously....I wonder if they even have one, to me the question reads like they do not. (Some Active Rain members commented on the question to tell these people this - I did not since I felt the answer to the question was given).

This whole scenerio shows the fact that there is

 Value to a REALTOR'S services 

What do you think????

 

 

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10 Comments on Are REALTORS Worth the Commission? Read on...

SEP
27
2008
209,306 Points 1 Featured Post Localism Sponsor Outside Blog

Hi Marlene,  I don't think a lot of folks understand the many fine points of contract law when buying and selling !

9:04pm • #1

REALTORS definitely have value.  I have a list that I have prepared with hypothetical issues that can occur when selling a home.  Your example is yet a another great example!

9:06pm • #2
1 Featured Post

The best answer is to contact a real estate attorney in the local area.

Bob

9:06pm • #3
4 Featured Posts Hit Router

Sharon,  I would love to see that list you have prepared!!!  Add this one to it.

9:09pm • #4
600,939 Points 34 Featured Posts Outside Blog Hit Router

I didn't think a contract was a real contract without an execution date and an end date.  The end date in this case should be the contract.  I can't imagine there is a state out there that doesn't have it written in the contracts that possession changes hands at "closing and funding" or something to that effect.  How could a contract be open ended like the posted claimed?

That'll be an expensive lesson...

9:18pm • #5
OCT
03
2008
Hit Router

I wonder if the office supply store has an additional form to resolve their problem? Kinda like asking the box for help when doing your taxes with a computer program.

2:24pm • #6
244,792 Points 8 Featured Posts Outside Blog

I wonder if their attorney fees will surpass what a Realtor buyers agent would have cost them?  To be unrepresented in a contract as involved and costly as one that is a persons lifesavings (as most residental property is)  is beyond silly or goofy its downright stupid.

2:43pm • #7
OCT
07
2008
303,038 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router

Marlene, We earn our pay every-day, Before and after the closing we are the go-to guys with all the answers and have seen it all before so know what to look for. Really our services are cheap compared to the alternative of no professional representation.

8:59am • #8
JAN
22
212,673 Points 19 Featured Posts Outside Blog Hit Router

Marlene,

During a transaction, we REALTORS® are like ducks. Everything looks calm on top of the water, but below we're paddling like crazy. A lot of clients don't see that part of our job. When everything looks calm, a lot of people don't think we deserve out commission.

Why someone would not use a Professional Realtor for the largest transaction in their life escapes me.

Rich

12:05am • #9
314,490 Points 8 Featured Posts Outside Blog Hit Router

The public just sees the surface--Richard is right. Yet they really do believe we have easy jobs, for the most part, right? It's all about trying to avoid paying a commission. Then they can pay the lawyers later!

1:50pm • #10

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Marlene Pellegrini REALTOR® ERA REALTY PROs - Eastern Connecticut

Norwich, CT

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The Dan Sperduto Home Selling Team

Cell Phone: (860) 884-6169

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