This is for my 22 acre farm that finally sold.
She was recommended by my previous agent that was retiring and lives 60 miles away.
New agent comes and looks at the house and land. "Beautiful home, colors good, staged well, will not have a problem selling this". We discuss the contract and she skims over the hilights of it (appliances that stay, window treatments, etc.) along with her commission. I sign. The house was appraised at $180,000 but she wants to list it at $199,900. Sounds high to me but I'm thinking that gives me room to negotiate.
Over the next 3 mos. she brings 3 or 4 couples out but what I am told is they are not qualified yet and can't afford it. I call agent and tell her to lower the price by $10,000. She does. A couple weeks later I call and ask her if she is going to have an open house. She states that she has never found them to be helpful in getting people out but if that is what I want, she will have one the next weekend. After the open house she called and said she had a good turn out, 8 or 9 people show up and 2 that were very interested in it but one didn't have the 20% down the acerage needed and the other had to sell his house first. (first time she has mentioned needing 20% down because of acerage) By now we are 5 mos. into her contract and no mention by her of lowering the price.I'm ready to tell her to get lost but only has 1 more month on her contract so let it ride.
3 days before her contract is up she comes with an offer (first offer anyone has made)from another agent of $150,000. I'm surprised by such a lowball offer but she tells me not to be insulted. I come back with $169,900 (figuring that is only $10,00 below appraised price) and buyer comes back with $165,000 and she thinks that is a fair price and I should accept it. I do (winter is coming and I don't want the house sitting empty) and tell her I WILL NOT pay for anything else buyer may want taken care of (he is in construction). He comes back with $1,000 of things for me to take care of. I tell him no, he already got a GREAT deal.
Sometime over this 6 mos. time frame I ask her when I should get the propane co. out to see how much is left in the tank so I can get a refund for what is left and she said at closing.
Closing day comes. Buyer is in one room signing paperwork and I'm in another room signing paperwork. We all get together and chat. At this point my agent asks about the propane and she is told by other agent that seller no longer gets credit for propane left behind. I'm dumb founded. After everyone leaves my agent tells me to get it measured and we will split the difference.
The next day I call the propane co. and tell them as of (date) the house will no longer be mine and I need to know how much propane is left in the tank. She will have them go out and check and get back with me. A week later I have not heard from them so I call back, yes, they have been out but she can't find the paperwork right now, will call me back.
A couple days later my agent calls me and says it is $173 left in tank and she will take care of it. Two hrs. later I get another call from my agent and she was told wrong, it is now $850 left in tank, how did we want to handle it? I told her as far as I was concerned it was her fault I was not told this until closing and she could pay it. She said she would BITE THE BULLET and pay it.
2 hours later I get THIS email from her.
I am sorry about this mixup with the propane. I thought after it was brought up at the closing that you understood you had to leave it. I know I told you I missed clarifying it with you on the contract but I am surprised and upset that you decided not to honor it without telling me. Now it is a situation.
I can't do anything about changing it since it is actually in the contract that it is supposed to remain with the property, and removing it is a violation of the contract. Technically the buyer could file a lawsuit for breach of contract.
When I said I would pay it this morning at first it was because the message I got was that it was $173, and I thought it was silly for the 2 parties to argue over that.
Because it is substantially more, and you didn't leave it, I am asking you to re-consider what you said and allow the gas to belong to the buyer. It's like anything else you left with the property that you agreed to leave and it must remain as per the contract.
Please think it over and give a call to Amerigas and ask them to credit back to the new buyer whatever was left in the tank. It's the right thing to do, and I am sorry for the mixup. I know you came down a lot on price, but we did get it sold before another winter and for a price that paid off the things you needed to take care of. There are positives. I would really appreciate your co-operation on this. Thanks a lot. Kate
(at this point I have not heard from the gas company so I don't know they are crediting it back to me) I tell her I will pay for $400 of the $850 and she can pay for the rest. (just to get the gas turned back on for the buyer, it was turned off the date I gave them as It would no longer be mine but he apparently had not changed it over to his name)
I waited 3 days to calm down and went to my agents office and asked to talk to her and her boss. Gave them the email she sent me accusing me of causing this situation when I was just following what SHE had asked me to do. Also told them how I was unhappy with her, I had to request a cut in price after 3 mos., I had to request an open house. She stated that there was only a handful of people that showed up and most of them were neighbors being nosy. I stated that that was funny because I had called all the neighbors and asked them to stop by the open house to see how the house looked but only 1 neighbor was going to be able to do it (others had previous arrangements)so only 1 out of the 8 or 9 was a neighbor. I was told let's not knit pick. I also stated that my agent had agreed (over the phone) to cover the $850 but she stated that she had never said that and I should be happy she was willing to pay the $450 of it.
I'm sorry this is so long but I just needed to vent.This message has been edited. Last edited by: indycatCarol,
So what did the broker say?
That I should be happy they got the home sold (I told them it wasn't "they" that got the home sold but the buyers realtor) and they also said that I should be happy it got sold before winter came.
I came away feeling that every "misunderstanding" was my fault not hers.
Could your realtor been more on top of the situation? Yes, but ultimately, it is the seller's obligation to manage any issues regarding items of value that will transfer with the property. Live and learn.
The other realtor said you don't get credit for the propane but ...what did your contract say? I know in our area that is an item that is typically addressed and the seller typically gets credit for.
You have to remember that my husband died 2 yrs. ago and this is the first house I've sold so I was figuring the agent was looking out for my best interest when she skimmed over the hilights of the contract. And especially after I'd asked her about half way thru the contract about when I needed to contact the gas company about my credit on the gas left.
I looked at the contract after all this went on and it did state in the contract that the fuel had to be left for the new buyer but as I said, when I specifically asked her about it half way thru her time period she did not mention it.
SHE is the one that told me after closing to find out from the gas company how much was left and that is what I did.But according to her I went behind her back to ask about this. That is what has me upset. I was just following her instructions.
Legally she probably doesn't owe this but in my opinion, ethically she does. You specifically asked her about this. She should have been clear on the answer. When she agreed to pay it she did not say "but only if it is X amount or less."
I do not blame you for being upset.
The agent absolutely should have been looking out for your best interest.
I also agree with metwo...the agent agreed to pay it, it was her mistake (it could have been negociated as part of the contract)she should pay it. I would consider filing in small claims court against her - it sounds as if she made a side oral contract with you. Just bring any emails, notes, contracts etc and explain it, you may actually win. Do not take what I am saying as legal advice I am not an attorney, but I have heard of such claims.
She lied when I met with her at her office with her boss so I have no doubt she would lie if I took her to court. She told me over the phone she would pay for it all so I don't have any "real" proof she said that. Just her word against mine and apparently I don't understand the English language.
I honestly don't have faith in Small Claims Court. My daughter got a used car and decided she wanted a sunroof. She took it to a company in town that does that. When we got it back we noticed a dent in the roof that was not there before. I told her to take the company to small claims court trying to teach her that if someone does you wrong the court will make it right. She lost because she did not have pictures of her roof before they installed the sunroof. How many people would think to take a picture of the car roof before thinking they may put a dent in it.
The realtor just better hope someone doesn't ask me for a referral of who to use because I will tell them who NOT to use.
Based on your posts, the buyers' agent did address the propane in the sales contract. Obviously,because it was there, the buyer does not owe a refund.
After the fact, upon discovering same, you felt the buyer owed you and after number conversations your Realtor offered to re-imburse you credit personally. This is against the law and the Realtor knows it, the Broker knows it and that is why they are not paying you outright.
However, should you have that promise in a written email,you could have asked the broker to discount their end of the Real Estate Commission (the listing side), thus the Realtor draw up an addendum written to that affect, thus changing the listing commission side, whatever estimated refund would have come to you. However, that is passe and the deal is closed.
The Realtor put herself on thin ice legally offering to pay direct to you, . She could have offered the above solution through her broker, but didn't think of it, obviously didn't discuss her promise with her broker, or come up with solutions other than "a promise."
What can you do now ,after the fact, and I feel it is more of a gotcha feeling...than the money..and that is what would upset me too.
Well, if you have that email from the Realtor...offering to pay you the propane amount.. I would think you could write the Broker a Certified demand letter along with a copy of the email....
"for a reimbursement of the listing side (their side)Commission" equal to the propane credit...or you will go to the local "Board of Realtors" for counsel".
If you didn't get that promise in email form and it was just verbal you can still try.
I truly wouldn't be surprised if you got check in the mail.
What upsets me most is the Realtor acknowledging your understanding of the contract before you signed it..when indeed that was not the case.
This is a point you can also express. It is the Realtor duty to review and feel surety that the buyer and seller understand the provisions within the sales contract. Never sign otherwise.This message has been edited. Last edited by: real estate lady,
As I said, she only told me over the phone that she would bite the bullet and pay the full amount due.
REL, do I just look under Board of Realtors in the phone book for that area?
Right now it isn't so much about the money but she is lying about what she told me to do and what she told me she would do.
Then call the Broker (owner) ask for the local
Board of Realtors number and tell him you would like to report what happened.
You could tell him you expect a refund and an apology. Here's my address send me the check and a letter of apology from the Realtor for lying to me. No Realtor wants to hear a complaint call is about to go out to the local Board of Realtors.
He probably doesn't know for sure you may not have that promise of refund from the Realtor in writing, and you may rattle him(/her whoever the broker is .. enough to write a check. Who knows.
Remember..the reason he hasn't.. is..he is going by the contract, and that is why he is not acting or concerned.
Any Realtor you call~~ knows the number of the local Board of Realtors. It may start with " name of city" Board of Realtors.
This is a shot in the dark, but if you get a check there is your satisfaction...well some satisfaction.
Again, what upsets me is the Realtor obviously was not thorough enough in explaining the sales contract to you when you received it.
Never sign a contract without full understanding.This message has been edited. Last edited by: real estate lady,
But in my original post I said I waited 3 days and then went and talked with my realtor and her boss (who I believe owns the company along with the man that also owns it) And told them over the phone she had agreed to pay the full amount. My agent denied it and they seemed to take her word as truth.
Are you saying that just threatening to take this to the Board of Realtors might make them reconsider?
Since you already closed that is all you got to go on. Write the broker a letter. Short simple to the point.This message has been edited. Last edited by: real estate lady,
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