Special offer

I can't believe ...

By
Real Estate Sales Representative with MacDoc Realty LLC

During a meeting with a prospective tenant (I'll call her Jan) it came out that Jan's house is listed in a "short sale" and she hadn't gotten any activity on her property -- it's been listed for over 60 days ... While we were speaking, I told her to call me if she had any questions or needed anything.  And when she's ready to locate a place to rent, I'd help her.  I also mentioned that if she had any questions regarding the sale of her property, I'd help.

About a week later, Jan called me and asked me to look over some paperwork her agent gave her to sign.  Apparently this agent told Jan that an investor wanted to purchase her house.  I told Jan I would look over the paperwork - and asked that she drop the papers off at my office. 

I picked up the papers earlier this week -- and I'm outraged that this realtor told Jan that an investor wanted to buy her house!

It was an Option Agreement - given the Optionor the right to negotiate with the lender on Jan's behalf and also gave the Optionor the exclusive right to purchase the property for any amount they could negotiate with the lender.  In addition, this agreement allowed the Optionor to share in the commissions on the sale of the property.  This agreement would have basically given any rights Jan had to the property over to the Optionor - except the mortgage payments. 

I sat down with Jan yesterday and we went over this "investor's contract."  I told Jan I wouldn't sign this or anything like this.  I also told her to tell her realtor if she has an investor interested in purchasing the property, to present a Sales Contract. 

I can't believe a realtor would actually tell her client that this was a contract to purchase her house!  This realtor has done nothing except put the property in the MLS and put a sign in the yard -- there are no photos, minimal description of the property, no lockbox -- it's a shame!!  I'm glad Jan had enough knowledge of what to expect that she consulted with someone before signing this agreement!!

Realtors such as this one are giving us as a whole a bad name!!

   

Posted by

Rita Gibbons
The Gibbons Group ~  MacDoc Realty LLC

Call: 571-330-0741 ~ Fax #: 888-235-1567
Email: LuvnNLivn@gmail.com
Web: www.RitaGibbons.com

Licensed in the Commonwealth of Virginia
NVAR Top Producer &  Multi-Million Dollar Top Producer (2008-2009)
Accredited REO AgentTM, Certified REO Property Specialist (CRPS) & Certified Distressed Property Expert (CDPE)
Member: NAR, VAR, FAAR, MRIS; Associate Member: NVAR

The greatest compliment I can receive is a referral from you!  Thank you for your business.

M. Suzi Woods (Gravenstuk)
NOW Sharing the life and spice of the GC one day at a time - Grand Canyon, AZ
Suzi Woods, Prior Independent REBroker in MS

It sounds like she should consult an attorney. Was the seller not aware of what the agent would provide when they signed the listing agreement? Personally if an acquaintance were under a listing agreement with a Real Estate Agent I would not touch or glance at the paperwork. That's just me and I have my idiosyncracies.:-)

Sep 25, 2007 04:43 PM
Leigh Bates
Atlantic & Pacific Real Estate - Flower Mound, TX
The Trinity Group
I agree with Suzi, proceed with caution. Not that the other agent was right in what they have done, but I wouldn't put myself out there in this situation. Have her consult an attorney, help her find a place to rent, and help her out to purchase when she gets back on her feet.
Sep 25, 2007 04:53 PM
Sarah Nopp
South Sound, WA
I hope you have a great attorney for her to consult with. I hope you didn't give her legal advice. I know how tempting it is to help a needy soul, but I have had it beaten into my skull that unless I am an Agent to a party in the transaction, I can have no Opinion on the matter. Except that I can refer them to an attorney to help.
Sep 25, 2007 04:56 PM
Dawn Workman
Veracity Real Estate Group, LLC - Camas, WA
Camas Real Estate Expert, MBA, 480-540-8100
YIKES!  I have encountered a few "winners" lately and feel so sorry for the clients that caught up with them.  I hope everything works out for "Jan"
Sep 25, 2007 04:58 PM
Rita Gibbons
MacDoc Realty LLC - Fredericksburg, VA
The Gibbons Group
No, I didn't give her any legal advise - I only told her I wouldn't sign it.  I'm out of the picture completely - and I've told her I can't help her at this point and I can't do anything for her while she's represented by this agent.  Thank you for the advise -- and I'll keep this in mind when these poor souls are getting "beat up" by incompetent agents!!
Sep 25, 2007 05:00 PM
Tisza Major-Posner
I.V.P.G. - Inland Valley Professional Group - Claremont, CA
DRE#01784679

Hi Rita,

Unless agency is different where you are than it is here in California, as long as Jan called you and solicited your input and you did not instigate any of the contact, you can offer her whatever advice you wish to, but in today's litigious society you really do want to be careful to say the least.  And you need to make sure that you are documenting any contact you have with Jan so that you could prove, if need be, that she solicited you and not the other way around.

I agree that this does not sound like a deal that I would offer to any client of mine.

Take care, help lots of people and have a wonderful day!

Tisza

Sep 25, 2007 05:15 PM
Rita Gibbons
MacDoc Realty LLC - Fredericksburg, VA
The Gibbons Group

Tisza,

Agency is the same in Virginia.  Jan contacted me initially to view a rental listing I had.  During our meeting, it came up in conversation that she was trying to sell her house and wasn't getting any activity.  She called me again ... soliciting my advise ...

I think I covered my butt ... and made it clear to her that I can't do anything for her while she's represented by this other agent.

Thanks for your input ... Rita

Sep 25, 2007 05:48 PM