Stop flipping those burgers for a moment, and call me!

By
Real Estate Agent with Jameson Sotheby's International Realty

I recently wrote an offer on a short-sale home.  The listing agent is a part-time agent and full-time burger-flipper (okay, I made up the burger-flipper part... but he works full-time, 9:00 - 5:00 at some other job, and is completely unavailable during the day).

The short-sale home is priced very well, and no sooner did we write an offer, than another buyer who recognizes "value" wrote an offer... so here we are (again) in multiple offers.  (Don't let anyone tell you there are no buyers out there).

My sole method of communication with this agent seems to be leaving messages on his voice-mail, and then he returns the message in my e-mail.  He sent me an e-mail advising of the multiple offers.  We responded via e-mail, and gave our highest and best.

Over the next few days, we received a fully-signed contract, but surprise... the refrigerator and stove have been conveniently, and unilaterally removed from the contract.

I send a polite email: "Contract not accepted, you've removed the refrigerator and stove... they were not excluded in the listing... sorry, they need to be included... please have the first page of the contract amended and sent to us.".

______________

24 hours, no response.
______________

I send another, less polite e-mail and leave a voice mail.  "The contract is not accepted, you cannot unilaterally remove the fridge and the stove.  Call me to discuss".

______________

24 hours, no response. 
______________

Are you beginning to see a pattern here?

I send a third, now terse, e-mail, another voice mail.  "Contract NOT accepted.  Call me!"

Let's see if the next 24 hours pass, with no message.  Next call will be to his managing broker.

Posted by

 ALAN MAY, Realtor®   
Specializing in Evanston Real Estate and North Shore Real Estate

Jameson Sotheby's International Realty, 2934 Central Street, Evanston, IL 60201
Office: 847.869.7300      Cell: 847.924.3313      Email: Almay@aol.com

Evanston Real Estate & North Shore Real Estate
Licensed in Illinois

   

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  1. Jon Quist 10/17/2010 11:12 AM
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Rainer
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Jack Mossman - The Nines Team at Keller Williams in Stockton
The Nines Team At Keller Williams - Stockton, CA
The Nines Team at Keller Williams in Stockton

I have one of those going on right now - only in reverse ...  The office phone and agent phone are the same ... voice mail is full!  So email is the only option ... and that doesn't seem to be getting in responses.  So we'll just be looking for another property!  (I so want to drop a note to the seller .... but!)  If I could find out where she works, I'd make it easy on her ... and drop by for lunch!

Oct 01, 2010 08:53 AM #19
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Jack - I hate it when the voicemail is full.

Oct 01, 2010 09:42 AM #20
Rainmaker
1,279,027
Donna Foerster
HomeSmart Realty Group - Parker, CO
Metro Denver Real Estate Assistant

I would say the "3 strikes and your out" rule applies.  Get the Managing Broker on the line.  There's no excuse for no response.

Oct 01, 2010 12:01 PM #21
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Tammy Pearce
Haute Realty 214-994-6474 - Dallas, TX
Tammy Pearce

I'm glad it worked out for both parties.  I agree with the person who said it would be hard to wait that long without contacting the Broker.  Congrats on your patience!

Oct 01, 2010 04:00 PM #22
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Donna - already taken care of.

Tammy - I was at the end of my leash.

Oct 01, 2010 05:47 PM #23
Rainmaker
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Sergio DePinto
Royal LePage Maximum Realty.,Brokerage - Greater Toronto Area - Vaughan, ON

Alan,

Stop flippen them burgers... you've got watch this video.. it was broght to my attention at my last office meeting.

Oct 02, 2010 06:05 AM #24
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Sergio - while I have to admit that was a funny video...  I ain't crazy about advertising REmax on my post... (I doubt that would be popular with my Coldwell Banker office) so if you wouldn't mind deleting that link... I'd appreciate it.

Oct 02, 2010 06:11 AM #25
Rainmaker
59,249
Sergio DePinto
Royal LePage Maximum Realty.,Brokerage - Greater Toronto Area - Vaughan, ON

done.....

Oct 02, 2010 06:18 AM #26
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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thank you.  :-)

Oct 02, 2010 06:19 AM #27
Rainmaker
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Gloria Todor
Century 21 Absolute Realty - Springfield, PA
& Doug Durren (484) 431-3686 in SE PA

Alan, Glad they've stopped flipping to call. 

A few weeks ago we had a ready willing and able buyer eager to buy this one particular property.....but we had to find another one ...We still have not recieved a call or an email from this one agent even after we spoke to their Broker.  Beyond me.... 

Gloria

Oct 02, 2010 09:12 AM #28
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Gloria - egads, that just ridiculous.

Oct 02, 2010 12:02 PM #29
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Charita Cadenhead
Keller Williams Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Alan not sure if being part-time is of any significance. I've worked with full time agents and have had the worse communication experience in my life.  I get the point about the removal of the refrigerator but otherwise would it really be a deal breaker?

Oct 05, 2010 03:01 AM #30
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Charita - there are many part-time agents who manage to communicate well, and I said so in my comment #6, so I agree... it's not the PART-TIME aspect that's the problem.  It's because he works a full-time job elsewhere that doesn't allow him the flexibility to return calls in a timely fashion.

And we're talking about the removal of the refrigerator AND the oven/range... which amounts to about $2,000 - $3,000 worth of appliances on a purchase of $145,000...  yes, that could easily have become a deal-breaker.

Oct 05, 2010 03:27 AM #31
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Larry Story
Total Care Realty - Greensboro, NC
Total Care Realty, LLC, Greensboro, NC Real Estate

Alan,

You have the patience of Job.  I would not have waited this long to call the managing broker. 

Oct 05, 2010 08:28 AM #32
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Larry - I was stretched to the end of my leash, and "barking"!

Oct 05, 2010 08:35 AM #33
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Charita Cadenhead
Keller Williams Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Gotcha Alan.  I just injected the part about the refrigerator because the other day I was negotiating an offer and all appliances were to be left (except the refrigerator).  The seller (which I represent) did not agree to leave it and for a minute, I thought that it would become a sticking point for the buyer (fortunately it did not).  That's why I asked if it the seller had not agreed to leave it, do you think it would have been a deal breaker.

Oct 05, 2010 08:38 PM #34
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Charita - refrigerator to purchase price ratio... yeah... it might have been a deal breaker.

Oct 06, 2010 01:36 AM #35
Rainmaker
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Pat Fenn
Marketing Specialist for CJ Realty Group/Cindy Jones Broker - Springfield, VA

We had an agent who made significant changes to an offer, far more than removing the stove & fridge, sent it back signed and "ratified" and changed the status in the computer.  We tried to contact her multiple times.   Then the buyers moved on since the contract wasn't ratified.  4 months later they called to tell us the bank had accepted the offer.  AHHH DUH we don't have a contract.  She was p%$# but as we calmly explained you need to go back to RE 101 and review what constitutes a ratified contract. 

Oct 17, 2010 11:28 AM #36
Rainmaker
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Roger Johnson
Hickory Real Estate Group - Hickory, NC
Realtor - Hickory NC Real Estate

Alan, I somehow missed this one when you posted it, but caught it on the reblog.  You know I luv ya, man, but I'm gonna play devil's advocate here.

You've already had the discussion of part-time/full-time and how sorry some full-time agents can be, so I'll fore go that one.

Was your offer for full asking price or above?  If not, then everything is still negotiable, even the included refrigerator and stove.

Define "timely" in communicating?  Yes, not receiving a reply in 3 days is frustrating, but you stated that "contract is not accepted"  That means that there is no deal.  While I think it's unprofessional for the agent not to provide a final response, technically speaking, he doesn't have to at that point.  The deal is dead.

Oct 17, 2010 12:14 PM #37
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
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Pat - and you said to her: "And here's your sign".

Roger - nope... everything was NOT negotiable, since we had already agreed on the contract I'd submitted, which had the refrigerator and oven listed clearly in it.  They didn't remove it until they returned out "accepted contract", and had those two items crossed-out, without any conversation regarding their removal.   And I think you're missing the point, regarding my "contract is not accepted"... HE thought it was!!  I wanted to be crystal clear that we did NOT have a contract.... yet.  I think I accomplished that goal.

 

Oct 17, 2010 01:23 PM #38
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