Ok.....rough week for paperwork!
Agents are not taking care with writing up offers, counters, disclosures and repair requests. What is going on?
Real estate is not about opening doors with a lockbox key....isn't that what we always say? Then what is it about? Caring for our clients...and care includes dotting the "i"s and crossing the "t"s.
Lenn reblogged a post today Always be "apologetic" to your clients. and it triggered my post here.....yes, yes, yes, put it in writing. And don't come crying to me if you "forget."
This week, I've had quite a few problems with paperwork and other agents. It is the Realtor's® responsibility to read and understand the contracts we use. To check the proper boxes and fill in the proper terms. I do this for my client, they need to do it for theirs. This week I've fielded phone calls from outraged agents who are offended that I'm trying to hold to the contract.
These were not about little issues either.....
1) Listing agent accepted offer, opened escrow with terms that the seller would pay a $1050 transfer fee. I hear 2 days before the close that the seller never expected that and it was in the listing that the buyer would pay. It wasn't in the listing....but excuse me, the listing is NOT the contract and wouldn't take precedence over a contract even if it were in the listing.
"well, you must have known we didn't mean to agree to that"
2) Seller accepted the term that they would pay to correct any termite or wood rot found in termite report. Home needs tenting and it's a hefty chunk of work. Now.....seller doesn't want to "agree" to correct. They already have agreed.
"my client isn't going to agree to do that (oh, then why did you put in in writing?)"
3) My buyers wrote offer which included roof repair to fix broken tiles and clear leak in garage. Written clearly on addendum with other terms. Seller signed agreement and then countered us on some terms....roof was not mentioned in their counter. Now, agent says he "meant" to take that out and the sellers assumed he had. What?????
"that was my mistake...sorry, but we need to change it so we can keep this deal together"
Now....my clients have all entered into these agreements based on a written contract. These agents are negligent and yet are putting me in the position of going to my clients, while we have an open escrow, to try and change the terms. These agents must realize we are far enough into the process that it's going to damage my clients to cancel....and I feel like an idiot having to call my clients and essentially tell them they have to cave or cancel.
Is this a ploy to get better terms after the fact?
Are these agents just morons?
Is this a game?
I realize we can hold them to a contract....and my clients can sue for damages. But...I really don't know if this is just incompetence or unethical negotiating.
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