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A Real (Estate) Disaster

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Mortgage and Lending with Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI NMLS #138061 MMCD #1141

A Real (Estate) Disaster - Why Hiring The Wrong Agent Is A Disastrous Idea

Disclaimer:  the chain of events depicted here are via the perspective of a client, along with the coinciding dismal communication from their agent (so I never got any of the story from the buyer's agent because they were missing from the transaction for the most part).

Think it doesn't matter who you hire to represent you as a home buyer?  Think there's not a gap wider than the grand canyon between a great agent and piss poor representation?  Well, in most real estate transactions, there is admittedly little most people would notice - a great agent may communicate better, have better processes, and keep things easier, but a bad agent can navigate most transactions without too many major issues.  But...BOY OH BOY can things go wrong from time to time as a result of working with the wrong agent.

This year, we've been fortunate enough to help several first time investors begin their portfolio of investment properties - while high rates, prices, taxes, and a deterioration of landlord rights (I'm looking at you, California) in many states have taken some of the shine from real estate investments, several states still offer tremendous opportunity (I'm looking at you, Wisconsin & Indiana).  We have investment purchases dialed in in several areas, but we had a buyer that didn't want to use our resources.  In the buyer's words, "I like to go my own way and figure things out for myself".  It was with that mindset that the buyer found their agent and went under contract on a property sight-unseen.  

The first red flag?  The property had tenants that needed to be evicted, and enough damage done by said tenants that an appraiser noted about $30k worth of work that needed to be completed for the property to qualify for conventional financing (keep in mind in this case $30k is about 25% of the property value).  So the buyer's agent negotiated with the seller to have the property brought to an acceptable condition, right?  Wrong.  They recommended the buyer pay for repairs through a property manager they knew - sinking ~$30k into a property they did not own that was tied up in probate.

From there, the red flags kept flying - addendum after addendum extending the close date, with contract verbiage that buyer would be responsible for evicting tenants upon sale...then, the big one....

Buyer's agent allowed a property manager into the property to complete unauthorized (by the buyer nor the seller) repairs AND allow new tenants in to occupy the property.  Upon finding out, the seller rightfully became hostile, could suddenly close right away, and forced the buyer to perform based on the most recent close date addendum (giving the buyer days to perform after months of seller-related lag time).  What's more, the seller demanded an additional $7,000 of (what I see as extortion) money to make up for the fact that tenants were allowed into the property without seller/owner clearance.

The buyer was forced to pay cash and the buyer's broker offered him a loan to help cover some of the costs...with 10% in fees.  

When we recommend an agent it's because we trust them to guide you as a buyer.  While we like working with people we know and like, what's most important is that we trust them.   In this case, our buyer ended up paying a steep premium for a property and starting his investment journey quite negative on the ROI spectrum.  

Can a buyer opt to not have an agent?  Or find one on their own?  Absolutely, but we don't recommend it.  Most of the time, the repercussions won't be terrible, but the potential for disaster exists when you accidentally stumble into a situation that involves parties who are either unethical, incompetent, or a combination of the two.  Buyers, especially first time buyers, and even more especially first time investors, need a team of experienced professionals in their corner to help navigate what can be the biggest investment of their life.

Posted by

John Meussner
NMLS ID #138061

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Comments(18)

Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good evening John Meussner ,

This conduct makes me ashamed of some agents in our industry. I'm working with a buyers agent that is worth her weight in gold in holding together a transaction that we were to close the end of May! When it closes I'll be posting!

Aug 07, 2024 03:23 PM
John Meussner

Yes, this is an example of an agent who should have their license stripped, IMO

Aug 08, 2024 09:11 AM
Monica Hill
RE/Max Associates - Wilmington, DE
the REALTOR to help you discover Delaware

Wow! This is more than dropping the ball, if all the allegations are correct. That Buyer's Agent might want to consider a different field of employment. 

Aug 07, 2024 03:56 PM
John Meussner

Yep, I put in the disclaimer because all the info was coming from the buyer, but it all played out in disastrous fashion

Aug 08, 2024 09:10 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

I'd call this a DISASTER for sure John.  Good grief. Why some folks do not take advantage of hiring a 'trusted agent' that you personally know is beyond me.  We call that type the 'do it your selfers'.   Well ok than, good luck on your path and have a good life.

Aug 07, 2024 04:10 PM
John Meussner

Yep, it was a very costly DIY move!

Aug 08, 2024 09:10 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Hi John- you're right...a disaster. Those who think they do not need representation are fooling themselves. So much can happen, and does, in a real estate transaction. Professional, experienced agents have usually seen it all. They can help when these situations occur. 

Aug 07, 2024 04:46 PM
John Meussner

I don't think EVERYONE needs representation in every circumstance....but first time buyers...first time investors....first time anyone?  Yes, you need a fiduciary in your corner!

Aug 08, 2024 09:09 AM
Adam Feinberg
Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

There is a whole lot of WOW! here. I left my prior career on Wall Street in part because I served on my condo board and kept seeing one bad agent after another enter my building- leaving a trail of tears behind. I felt I could do a lot better- and I have. I made a promise to myself to be the exact opposite of these terrible agents and it has been appreciated. This is why most of my business today is either referrals or repeat clients. My approach to the business does take more effort up front- but as clients rave about the service and education you provided- in the long run, it's actually less work. 

Aug 07, 2024 10:41 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello John - gaps (and gaffes) wider than the Grand Canyon speaks volumes.  Beyond hyperbole, real estate has more than a few seemingly tall tales that are shared.  Unfortunately, too many are far too true.  The right representation matters and often makes a big difference.  

Aug 08, 2024 03:50 AM
John Meussner

yes, I've seen some doozies over the years, this one was the worst

Aug 08, 2024 09:08 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

I hope that the buyer is considering suing their buyer's agent.  This is "mis-representation" at some of its worst. 

Allowing a buyer to do repairs (of any $amount) on a property that they did not own?!! Inexcusable!  All the rest were horrible, too... but that one makes my teeth itch.

Aug 08, 2024 04:15 AM
John Meussner

I advised the buyer seek out legal help and actually was able to refer them an attorney thanks to an AR referral : 

Aug 08, 2024 09:08 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Crikey, John! This may be one of the worst stories I've ever heard... and I've heard some doozies in my 30+ years as an agent. I'm always telling people experience matters and the value of experience is priceless.

Aug 08, 2024 05:33 AM
John Meussner

I've got almost 20 years as a lender and it was the worst I've seen...total lack of ethics and incompetence on full display

Aug 08, 2024 09:06 AM
Doug Rogers
RE/MAX Coastal Properties - Destin, FL
Your Real Estate Resource!

I could not finish the post. So many of the listed actions are blatant fraud and/or incompetence. 

Aug 08, 2024 05:55 AM
John Meussner

It was pretty egregious

Aug 08, 2024 09:06 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

I am shocked, appalled and angry that someone in our industry handled this in such a disastrous way. They should be thrown out of the industry and banned from ever representing another person ever.

Aug 08, 2024 08:10 AM
John Meussner

100% agree...it was ridiculous behavior from the buyer's agent, then the agent's broker when to "fix" the problem they offered a personal loan with 10% in fees - beyond shady

Aug 08, 2024 09:06 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

You know it may not have been his first rodeo ! This Agent clearly represents himself and his commission ! 

Aug 08, 2024 08:36 AM
John Meussner

I couldn't agree more...total disregard for ethics or compliance

Aug 08, 2024 09:05 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

How unfortunate for the clients who have this type of agent. One non-communicative agent can spoil it for the rest of us.

Aug 08, 2024 11:22 AM
John Meussner

Yep, killed our transaction so we're starting over as a refi - even more extra costs for the customer : /

Aug 09, 2024 09:56 AM
George Souto
George Souto NMLS #65149 - Middletown, CT
Your Connecticut Mortgage Expert

John Meussner I have lived through some nightmare transitions, but this one was a dozie. 

Aug 08, 2024 03:47 PM
John Meussner

Nearly 20 years in and this was probably the worst overall experience I've seen a buyer have due to the incompetence of their hired "professional"

Aug 09, 2024 09:57 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Oh, I am just horrified that someone in our profession operates this unethically and with such reckless abandon, John. I have to say that any of your investor clients should 100% seek YOUR referrals, which would be oceans apart with regards to integrity. 

And those who claim, "I've had so much experience, I would never do that!" Well, in my experience, it's not the experience; it's integrity and either you have it or you don't. Oftentimes those who boast about having so much experience under their belts are the ones who either don't or who have skimmed by, unaware of ethics requirements in our profession.

Being a member of our grievance Board here in the Charlotte Metro, I would highly recommend that the investor FILE A COMPLAINT...and do so within 180 days. There are clearly CoE violations that need to be addressed.

What a shame that this investor had such a horrible experience. I assure you, we do NOT all behave so egregiously. 

Aug 08, 2024 08:42 PM
John Meussner

100% agree - you can't legislate someone to be moral and act with high ethics, and punishment comes when it's too late!  This is why referrals (legit referrals, even the referral world is wide open to unethical behavior!) are so important.

Aug 09, 2024 09:58 AM
Edward Gilmartin
CRE - Boston, MA

Don’t like to bring in lawyers but first red flag makes a lawyer necessary

Aug 09, 2024 10:34 AM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

John Meussner 
Love this - Can a buyer opt to not have an agent?  Or find one on their own?  Absolutely, but we don't recommend it.  Most of the time, the repercussions won't be terrible, but the potential (emphasis from Lynn) for disaster exists when you accidentally stumble into a situation that involves parties who are either unethical, incompetent, or a combination of the two.  

Aug 09, 2024 09:53 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

The example of that agent is an excellent example of a horrible agent. That person should NOT be in business any longer!

Aug 14, 2024 05:35 AM