Look to the insurance carriers for what exactly? As of right now he has no real damages, tbe buyer is indicating they want to go through with the d eal. It might have cost him a week in the sales process, but even that is highly questionable and difficult to prove. For example, there is no mortgage co mmittment yet, the agents could argue that is another gating factor that is proceeding on it's own, so their fumble didn't even result in any overall delay of the closing at all.
On Tuesday, August 19, 2014 11:39:17 AM UTC-6, NotMe wrote:
I wonder if insurance exists to cover what seems to me to be at a minimum, pretty negligent conduct on the realtors' part.
Update: I thought about this long and hard. If I let these two realtors set schedules unrelated to the contract; frankly, lie to the buyer and me; rep eatedly not follow instructions to communicate xyz to the buyer's realtor; and more; I figured I would be miserable for some months. My realtor worked on me all of Monday, talking past me like the deal was going forward; sayi ng I had to agree to pay for the home inspection and warranty; and other do uble talk IMO. I said I believed per the contract's terms that either the c ontract was terminated due to no resolution of objections by Aug 15; or no "specific objections" (language the contract uses on this point, like many here seem to know) had been presented nor inspection scheduled by Aug 13 an d 11th, so I did not have to do any inspections or address any objections. I said I would not continue unless the two realtors agreed to pay for the h ome inspection and warranty. My money says my unspoken "contribution" to th is sub-deal is to not expose them to the buyer for mishandling communicatio ns and scheduling inspections. My outward contribution is to put up with an other inspection and new deadlines, hustling like hell in the last week, to keep the buyer happy and go forward. If the objections are ridiculous, I c an still back out. My realtor gave in, though I am still waiting for the pa perwork he promised on same. I am ready for the worst and decided it would be better than not defending myself from two realtors who are not earning t heir commission, and likely would continue with their slovenly approach if gone unchecked, in my opinion. I think no winning happens in situations lik e this. But good enough.
Every single post here was contemplated and helped me figure and feel comfo rtable with a plan of action to follow. Every single one. Thank you gfre..a ol.com, dpb, trader_4, Ralph Mowery, Oren, Robert Macy, Lee B, Tony Hwang, and NotMe for your time. I hope to pass on my good luck in having your advi ce to someone else in the future.
snip for brevity
I wonder if insurance exists to cover what seems to me to be at a minimum, pretty negligent conduct on the realtors' part.
Update: I thought a lot about how to proceed. If I let these two realtors s et schedules unrelated to the contract; repeatedly not follow instructions to communicate xyz to the buyer's realtor; and more; I figured I would be m iserable for some months. My realtor worked on me most of Monday, talking p ast me like the deal was going forward; saying I had to agree to pay for th e home inspection and warranty; and what sounded to me like double talk. I said I believed per the contract's terms that either the contract was termi nated due to no resolution of objections by Aug 15; or no "specific objecti ons" (language the contract uses on this point, like many here seem to know ) had been presented nor inspection scheduled by Aug 13 and 11th, so I did not have to do any inspections or address any objections. I said I would no t continue unless the two realtors agreed to pay for the home inspection an d warranty. My realtor finally consented and is preparing paperwork now. I am ready for the worst and decided it would be better than not defending my self from two realtors who are not earning their commission, and likely wou ld continue with their unsupportable-by-contract approach if gone unchecked , in my opinion. I think no winning happens in situations like this. But go od enough. The buyer has said she is going forward and wants to close this deal.
Interestingly starting today, and with the understanding that paperwork has to be signed before any inspection takes place, my realtor has been trying to get an appointment for an inspection. The earliest one available with t he inspection company selected is Sep 2, past the scheduled closing. We're trying to squeeze into any slot that opens because of a cancellation. This requires daily checking by my realtor. Objections, resolution and cure requ ire several more days. I am trying to be as accommodating as possible. So n ow, and it seems to me because the buyer's realtor made no effort to schedu le an inspection per the contract deadline, closing is indeterminate. I rem ain ready for the deal to fall through, though I hope it does not.
Also interestingly: My realtor called the other realtor twice today. No ret urn call, here in the throes of what looks like a closing that will have to be changed and with much that has to be done still. My realtor said he is irritated once again with the other realtor regarding communications and wa nted me to know. Indeed.
Every post to this thread was contemplated and helped me figure and feel co mfortable with a plan of action to follow. Thank you gfre..aol.com, dpb, tr ader_4, Ralph Mowery, Oren, Robert Macy, Lee B, Tony Hwang, and NotMe for y our time. I hope to pass on my good luck in having your advice to someone e lse in the future.
July 26, buyer and seller signed puchase agreement.
August 11, inspections to be completed. Contract states in caps that the buyer is to order the home inspection. [Buyer still has not ordered either any home inspection or re-inspection. Buyer pays for the home inspection up front. Seller is to reimburse this cost at closing. No closing, no reimbursement.]
August 13, home inspection objections due.
August 14, seller receives objections amendment. The buyer had signed this on Aug 4.
August 29, currently scheduled closing date.
The Aug 4 signing date was the tip-off to the seller (= me) that communications had gone awry. My realtor ultimately explained that the buyer's realtor and he had messed up with what email addresses they were to use to exchange documents. This resulted in the missed deadlines and 10 days where activity required by the buyer, going towards completing the sale, was zero.
My realtor (= the seller's realtor) has said he needs me to sign the objections amendment. Because the dates are now inconsistent with the contract, I said no. It would make me look like I had dropped the ball. Technically I think I may be in my rights to say the buyer has now waived his right to have a home inspection and the accompanying home warranty. But it was both realtors who appeared to have screwed up, and I do want to sell the house. On the third hand, I am pretty angry I have more inspections to deal with, all while I am trying to pack up and make arrangements etc. I have met every deadline required of me, the seller. I emailed my realtor that I wanted him to provide the following response to the buyer's proposed objections amendment, inserted in the appropriate place in the proposed amendment:
/// Seller was not emailed buyer's objection etc. amendment [dated Aug 4] until Thursday evening, Aug 14. Due to apparent missed communications between buyer's realtor and seller's realtor, resulting in some ten days of delay, and the apparent necessity of a home re-inspection for a home warranty, seller requests (1) an extension to Monday, August 25 to complete home re-inspection; (2) an extension to Wednesday, August 27 for buyer to provide objections to home inspection report; (3) a change of the closing date to Friday, September 5 [currently its Friday, August 29]. ///
What would be your response to your realtor, if you were the seller?
If there is a real estate google group that might be more appropriate for this question, please share the group's name.
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I didn't take the time to follow the chronology well, but I would certainly NOT sign anything with wrong dates. I like your approach to try to keep the sale in motion by setting a new set of dates. If I were the seller, I would tell the realtor contracts have meanings, and if there are errors made in the contract it could come back to bite you. You don't want to figure out all the scenarios, you just want to set new dates and move forward, thereby solving the realtor's problem. Otherwise the sale might fall through and he would have a malpractice action to deal with. This is, after all, really a realtor's problem. You are just trying to solve it for him in a manner that does no further harm to buyer or seller.
, pretty negligent conduct on the realtors' part.
The first question with any such claim would be what are the damages you ca n prove and is it material enough to pursue. If the deal still closes with in a couple weeks of the closing data, I don't think it's likely you have s omething worth the trouble.
set schedules unrelated to the contract; repeatedly not follow instruction s to communicate xyz to the buyer's realtor; and more; I figured I would be miserable for some months. My realtor worked on me most of Monday, talking past me like the deal was going forward; saying I had to agree to pay for the home inspection and warranty; and what sounded to me like double talk. I said I believed per the contract's terms that either the contract was ter minated due to no resolution of objections by Aug 15;
I'd be careful there. The seller did respond with objections to you, but they were delayed due to one or both realtors dropping the ball. But the only material thing I see in what they wanted was that they wanted a list of the repairs you had made pursuant to the previous inspection report. You had sent that list of repairs to your realtor and it apparently made it to the buyer before the Aug 15 deadline. So, as I see it, the buyer could say they were OK with your response to the objections, they want to proceed with the contract, and you have no out. In essence, the buyer could say they are satisfied wi th the previous inspection, your fixes, and they want to proceed and I don't think you have an out. Nor do I think you want one, you want it sold right ?
or no "specific objections" (language the contract uses on this point, lik e many here seem to know) had been presented nor inspection scheduled by Au g 13 and 11th, so I did not have to do any inspections or address any objec tions.
As I said above, you seem to have met what they brought up in the "objectio ns", which was just a list of repairs you made pursuant to the previous inspecti on. You actually sent it before, without even knowing what they were going to a sk for, but you did send it, they have it. I'd say that closes the "objection s window". But..... this isn't the normal deal, because of that home warran ty, you now have another inspection and unless someone has stated otherwise, it sounds like you are still open to another possible round of "objections"
I said I would not continue unless the two realtors agreed to pay for the home inspection and warranty. My realtor finally consented and is preparing paperwork now. I am ready for the worst and decided it would be better tha n not defending myself from two realtors who are not earning their commissi on, and likely would continue with their unsupportable-by-contract approach if gone unchecked, in my opinion. I think no winning happens in situations like this. But good enough. The buyer has said she is going forward and wa nts to close this deal.
Good for you. And good for you for getting the broker to eat some of the cost. I hope you also told your realtor that you want to be copied on every email sent/recvd, regular mail, informed of every material phone c all from here on out, etc.
as to be signed before any inspection takes place,
I'd make sure what that new paperwork says, particularly with regard to new "objections". Best thing would be for it to say that the buyer accepts the original inspection report and the list of repairs you made. But you'r e probably not going to get that. It's probably going to set up dates for th e whole inspection, objection thing again.
my realtor has been trying to get an appointment for an inspection.
That's interesting and another sign of amature hour. It's actually in your favor for your broker to be handling that, but WTF is the buyer and their broker doing? That is *their responsibility*, not yours. When I'v bought houses, I picked the inspector, hired them, etc. Last thing I want is the seller, or the seller's realtor to be hiring the inspector. For them, Sgt Schultz would be a good deal. And as seller, I wouldn't want my broker screwing around with even the scheduling. The buyer already missed dates, next they could have the excuse that
*your broker* didn't schedule the inspetcion, etc. It's the seller's option, they own it.The earliest one available with the inspection company selected is Sep 2, p ast the scheduled closing. We're trying to squeeze into any slot that opens because of a cancellation. This requires daily checking by my realtor. Obj ections, resolution and cure require several more days.
I'd put a week in there, if it was my house. Maybe you don't need it, because you've been through the inspection and the house is OK. But in general, what seller wants some buyer to hand them a list of beefs and only have 2 days to figure out WTF to do? It seems a good idea to at least have the time to call a couple contractors for quotes, opinions, etc.
I am trying to be as accommodating as possible. So now, and it seems to me because the buyer's realtor made no effort to schedule an inspection per th e contract deadline, closing is indeterminate. I remain ready for the deal to fall through, though I hope it does not.
Closing is indeterminate in the vast majority of deals due to one factor or another.
eturn call, here in the throes of what looks like a closing that will have to be changed and with much that has to be done still. My realtor said he i s irritated once again with the other realtor regarding communications and wanted me to know. Indeed.
Your realtor should have the realty owner call the owner of the other brokerage to explain how this is being mishandled. Your broker telling you isn't going to solve anything.
comfortable with a plan of action to follow. Thank you gfre..aol.com, dpb, trader_4, Ralph Mowery, Oren, Robert Macy, Lee B, Tony Hwang, and NotMe for your time. I hope to pass on my good luck in having your advice to someone else in the future.
It sounds like you're back on track. Let us know how it works out.
From what I am getting out of this, it was your agent that messed things up.
To recover it looks like you need to do things to make the buyer happy.
If this falls through, I would change realitors. I would also ask, but not expect him to pay for the second inspection if it was done.
rs set schedules unrelated to the contract; repeatedly not follow instructi ons to communicate xyz to the buyer's realtor; and more; I figured I would be miserable for some months. My realtor worked on me most of Monday, talki ng past me like the deal was going forward; saying I had to agree to pay fo r the home inspection and warranty; and what sounded to me like double talk . I said I believed per the contract's terms that either the contract was t erminated due to no resolution of objections by Aug 15;
My realtor, while more cooperative today, has consistently been evasive abo ut when the buyer received the list of repairs. Like he's CYA-ing as much a s possible, whether this is needed or not, since I am now talking tough, si ck of what I feel is weaseling on his part. Yesterday I received a digital copy of the repairs with the buyer's initials on them, dated yesterday, Aug 18. My take is that the buyer did not see the list of repairs until Aug 16 . Same for the home disclosure. The realtors seem to be moving more quickly now to get docs in order.
I would be delighted if they were saying this, but they are not. The home w arranty requires another inspection. The buyer wants the home warranty. Lik e you and others pointed out, the Purchase Agreement was poorly worded rega rding the old inspection. The buyer asking for the old inspection and list of repairs confounded matters, because the contract states the old inspecti on is to be "accepted or declined." My realtor says it has been "accepted." I have no paperwork on this. At this point, my take is the old inspection now counts for nothing.
It was not my idea to have anything in the original Purchase Agreement on t he old inspection. The Buyer put words about the old inspection in the init ial offer.
It's a morass. And I am paying a 6% commission (less the home warranty cost etc. now) for it.
I want it sold. But I am not going to be grossly inconvenienced to accommod ate a realtor who sits on important docs for 10 days and misses inspection etc. deadlines (making zero effort to arrange inspections) on which I am re lying to make plans.
ike many here seem to know) had been presented nor inspection scheduled by Aug 13 and 11th, so I did not have to do any inspections or address any obj ections.
Yes, with the only contractual provision for objections stating the deadlin e has passed.
call from here on out, etc.
We have a new approach, per his suggestion and to his credit, yes. I tend t o think like 90% of the problem is the other realtor.
Stuff happens. I am good, knowing what I can and cannot control at this poi nt, and knowing my options.
has to be signed before any inspection takes place,
Correct. Has to. The realtor met my requirement (once it's in writing) to e at the cost of the inspection and warranty. So I have accepted another roun d of objections.
Thanks. The contract says the same, in caps. The inspector has been agreed upon, and I do not know how this inspection is going to happen unless my re altor takes iniative.
All I see is that the buyer wants the house, and I want to sell it. Remembe r the buyer is now in this to the tune of the cost of the appraisal. We are still waiting on the appraisal price.
Right now I trust my realtor to get the inspection done right. My realtor a nd I do have the fact that the buyer's realtor did zip to get the inspectio n done by the Aug 11 deadline.
past the scheduled closing. We're trying to squeeze into any slot that ope ns because of a cancellation. This requires daily checking by my realtor. O bjections, resolution and cure require several more days.
I am planning on the calendar. On my side is that it is is small house, 900 sq. feet.
return call, here in the throes of what looks like a closing that will hav e to be changed and with much that has to be done still. My realtor said he is irritated once again with the other realtor regarding communications an d wanted me to know. Indeed.
Unfortunately the buyer's realtor and the buyer's realtor's boss are one in the same. Not to drag this out. My main point has been resolved, even if the deal fal ls through in the end.
Thank you for the continued discussion.
He spoke today of not wanting to try to figure out where to point a finger at this time. I think he's right that who is to blame now is irrelevant. We have new terms in the works. We are looking forward. Though I know he's un happy. So am I. We're both sucking it up.
If I want the deal to go through, yes. OTOH if the buyer comes up with a lo ad of unreasonable objections following the new inspection, I will say no. My sense is the buyer will not. I really think both the buyer and I want th is to happen and are trying to please each other.
I am going to cross this bridge when I come to it. His contract expires Aug 31 or, being in the middle of a deal and per listing agreement, whenever t his deal closes.
I think there is little difference from one realtor to the other. They all work to get the sale and not for the seller or buyer per se. I just wanted the advertising and hesitate to try FSBO. Though I think I am open to buyin g FSBO at this point, because I know a lot more. Like we all discussed earl ier.
My realtor has agreed to pay for the second inspection, now being scheduled .
Thank you for your input.
Thanks. This helps me feel confident that I was right to explode at my real tor for trying to strong arm me into signing the proposed "Objection Amendm ent" that was nonsensical on so many levels, including lacking dates and ha ving no specific objections but instead opening the door to unlimited objec tions.
Yes, thank you for reinforcing my take on things at this point. I think my realtor gets it. If he doesn't, I am now watching dates and the two realtor s like a hawk. The alternatives at this point are not appealing.
tors set schedules unrelated to the contract; repeatedly not follow instruc tions to communicate xyz to the buyer's realtor; and more; I figured I woul d be miserable for some months. My realtor worked on me most of Monday, tal king past me like the deal was going forward; saying I had to agree to pay for the home inspection and warranty; and what sounded to me like double ta lk. I said I believed per the contract's terms that either the contract was terminated due to no resolution of objections by Aug 15;
bout when the buyer received the list of repairs. Like he's CYA-ing as much as possible, whether this is needed or not, since I am now talking tough, sick of what I feel is weaseling on his part. Yesterday I received a digita l copy of the repairs with the buyer's initials on them, dated yesterday, A ug 18. My take is that the buyer did not see the list of repairs until Aug
warranty requires another inspection. The buyer wants the home warranty. L ike you and others pointed out, the Purchase Agreement was poorly worded re garding the old inspection. The buyer asking for the old inspection and lis t of repairs confounded matters, because the contract states the old inspec tion is to be "accepted or declined." My realtor says it has been "accepted ." I have no paperwork on this. At this point, my take is the old inspectio n now counts for nothing.
From a practical standpoint, I agree, it looks like that's what's going to happen and your only reasonable path at this point. I wouldn't say it
100% counts for nothing, because I think if you wanted to hang tough, you could take the position that the buyer received the existing inspection report, in response they asked for a list of the repairs you made pursuant to that report. While you did not specifically respond t o that "objection", you had provided the list of repairs prior to that, it's just that they kind of crossed in the broker/mail process. So you did give them the only thing they raised in the "objection" and you never heard anot her peep until the deadlines for them to do anything more passed.But from the more realistic perspective of salvaging the deal, I don't think the above approach is a good one. So, like you say, you're stuck with a whole new inspection.
the old inspection. The Buyer put words about the old inspection in the in itial offer.
st etc. now) for it.
Yep. It should never have happened. An interesting side point, I live in NJ and here almost everyone also uses a lawyer when buying a home. That is a subject of much debate, in other parts of the country, eg out west, lawye rs are typically not used. But this is a good example of where a lawyer could have made a difference by crafting a better contract to protect you, make sure there is no confusion over the existing inspection report, etc. Among other things that are obvious now is that something should have been said about the warranty requiring a new inspection, that only X inspectors are acceptable because they are the ones used for that program, etc. Then it would be 100% clear that an inspection had to be ordered, no matter what.
odate a realtor who sits on important docs for 10 days and misses inspectio n etc. deadlines (making zero effort to arrange inspections) on which I am relying to make plans.
Unfortunately you don't have much choice. You either have to continue on with this, accept the BS already done, perhaps endure more, or take the tough line I outlined above and hope the buyer asks for their money back and ends the deal.
like many here seem to know) had been presented nor inspection scheduled b y Aug 13 and 11th, so I did not have to do any inspections or address any o bjections.
ine has passed.
Before I proceeded, I would have an ammendment to the contract clearly stating that they have until X date to get the inspection, Y date to give you objections, etc, ie set up a new schedule. It should probably set a new target date for closing too. And it should state what is in place at this time, ie buyer acknowledges that they have received the existing inspection report, the list of repairs made that was requested, etc. And it should state that the parties recognize that the broker is now paying for the inspection/warranty. You should get that in writing from the broker too.
ne call from here on out, etc.
to think like 90% of the problem is the other realtor.
oint, and knowing my options.
rk has to be signed before any inspection takes place,
eat the cost of the inspection and warranty. So I have accepted another ro und of objections.
d upon, and I do not know how this inspection is going to happen unless my realtor takes iniative.
ber the buyer is now in this to the tune of the cost of the appraisal. We a re still waiting on the appraisal price.
That ain't much, probably $200 - $300. Hopefully you have a substantial dep osit and your broker is holding it?
and I do have the fact that the buyer's realtor did zip to get the inspect ion done by the Aug 11 deadline.
2, past the scheduled closing. We're trying to squeeze into any slot that o pens because of a cancellation. This requires daily checking by my realtor. Objections, resolution and cure require several more days.No return call, here in the throes of what looks like a closing that will h ave to be changed and with much that has to be done still. My realtor said he is irritated once again with the other realtor regarding communications and wanted me to know. Indeed.
in the same.
Is it a one man shop? Or are there multiple brokers and you actually got the principle broker? When it's done, I'd definitely file a complaint with the real estate board, any regulators, etc. You have nothing to lose and they might give you some $$ back.
me warranty requires another inspection. The buyer wants the home warranty. Like you and others pointed out, the Purchase Agreement was poorly worded regarding the old inspection. The buyer asking for the old inspection and l ist of repairs confounded matters, because the contract states the old insp ection is to be "accepted or declined." My realtor says it has been "accept ed." I have no paperwork on this. At this point, my take is the old inspect ion now counts for nothing.
I sent my realtor (my only legal conduit to the buyer AFAIC, and which my r ealtor recently said too) the list of repairs on Aug 3. My realtor said he got them the list. The signs now are the list of repairs did not reach the buyer until Aug 16, after the various deadlines. The buyer has initials on the list of repairs dated Aug 18. It looks like one or both of the realtors is trying to cover himself legally.
The legal case here seems more and more to be against one or both realtors. As I can tell you know, the question is how much I want the sale versus ho w much I want to argue about their mess-ups and put up with further mess-up s.
Yes. Pathetic counsel from my agent. Though "client beware." I am educated and should have trusted nothing.
I am ready to cancel the whole deal, bring no legal claim, and put the hous e back up as "for sale" on MLS. I would rather do it sooner rather than lat er at this point. Lesson learned by me.
Agreed that having an attorney involved as they do back East would likely h ave prevented the poor wording regarding the old inspection, the new inspec tion, and the home warranty.
I think I could end the deal without any legal problem at this point. Maybe some would have (or feign having) ruffled feathers. But mine are plenty ru ffled, too. The other realtor dropped the ball and made zero effort to get an inspection done by Aug 11. Now the earliest we can get an inspection is either Sep 2 or when there is a last minute cancellation and we can all hus tle to get the buyer and my realtor to the inspection. Closing obviously co uld not happen for at least several more days. I figure it's at least a 10 day delay in closing right now, and this is assuming all goes perfectly.
(I need to recite how things are snowballing here due to the buyer's realto r missing deadlines, so I can figure out my actions in the coming days.)
Absolutely on all. "Target date" being a phrase which I get and of course i s unspoken. Stuff happens, but when one realtor is making zero effort to fu lfill terms to which he is obligated, well.
My realtor on the 2013 deal was so flawless on following the schedule. She hustled to get everything done on time, and nothing was done to contravene the purchase agreement unless both parties signed. Even the smallest delay. I could count on her like clockwork, and if I was approaching a deadline with anything I had to do, she would check in advance to make sure I was on top of it. The 2013 realtor was not okay on other aspects. But now I miss her attention to detail and her obvious awareness that, damn straight, not following the PA schedule could result in one party or another backing out.
This experience with the 2013 realtor tells me that what the two realtors h ere in 2014 are doing is not par for the course.
ember the buyer is now in this to the tune of the cost of the appraisal. We are still waiting on the appraisal price.
The $500 earnest money is in escrow, yes. But I think going after it is a m istake. Too many mistakes from the get-go here, with my realtor at fault as well as the buyer's realtor.
e in the same.
He has three offices for his business. I think there are multiple agents wo rking for this guy and I got the principal one (= the owner). Maybe the o wner being busy with his business explains the (contract violating) delays.
I suspect the buyer (a first-time home buyer) is really being messed over b y his realtor. Post-sale (whenever it happens) I think I will check into re porting his business, thanks. I do not want money. It's the right thing to do to help other innocent folks.
Thanks again.
home warranty requires another inspection. The buyer wants the home warrant y. Like you and others pointed out, the Purchase Agreement was poorly worde d regarding the old inspection. The buyer asking for the old inspection and list of repairs confounded matters, because the contract states the old in spection is to be "accepted or declined." My realtor says it has been "acce pted." I have no paperwork on this. At this point, my take is the old inspe ction now counts for nothing.
realtor recently said too)
Screw what the realtor, who's an idiot, says. What does the listing contra ct say? I find it hard to imagine that it says you are prohibited from ever talking to the buyer. And as I said before, if it said that, I would never have signed it. Did you read it.
the list of repairs on Aug 3. My realtor said he got them the list. The sig ns now are the list of repairs did not reach the buyer until Aug 16, after the various deadlines. The buyer has initials on the list of repairs dated Aug 18. It looks like one or both of the realtors is trying to cover himsel f legally.
s. As I can tell you know, the question is how much I want the sale versus how much I want to argue about their mess-ups and put up with further mess- ups.
d and should have trusted nothing.
use back up as "for sale" on MLS. I would rather do it sooner rather than l ater at this point. Lesson learned by me.
IDK why you would want to do that instead of proceeding with the current sale.
have prevented the poor wording regarding the old inspection, the new insp ection, and the home warranty.
be some would have (or feign having) ruffled feathers. But mine are plenty ruffled, too. The other realtor dropped the ball and made zero effort to ge t an inspection done by Aug 11. Now the earliest we can get an inspection i s either Sep 2 or when there is a last minute cancellation and we can all h ustle to get the buyer and my realtor to the inspection. Closing obviously could not happen for at least several more days. I figure it's at least a 1
0 day delay in closing right now, and this is assuming all goes perfectly.If it's just 10 days, that's nothing. That kind of delay happens all the time.
tor missing deadlines, so I can figure out my actions in the coming days.)
is unspoken. Stuff happens, but when one realtor is making zero effort to fulfill terms to which he is obligated, well.
e hustled to get everything done on time, and nothing was done to contraven e the purchase agreement unless both parties signed. Even the smallest dela y. I could count on her like clockwork, and if I was approaching a deadlin e with anything I had to do, she would check in advance to make sure I was on top of it. The 2013 realtor was not okay on other aspects. But now I mis s her attention to detail and her obvious awareness that, damn straight, no t following the PA schedule could result in one party or another backing ou t.
here in 2014 are doing is not par for the course.
What happened to the other realtor that you went to the new one?
emember the buyer is now in this to the tune of the cost of the appraisal. We are still waiting on the appraisal price.
mistake. Too many mistakes from the get-go here, with my realtor at fault as well as the buyer's realtor.
The mistake is in only having $500 deposit. I've never, ever done a deal as buyer or as seller, where so little money was put up. Typically it's a few percent of the price. In all the deals I've done, it's been thousand s. When I sold my condo, I had a buyer try to screw me and I kept his deposit which was $3000. Five hundred is a joke. If the buyer finds another house that's less expensive, nicer, whatever with $500 deposit, they can just walk and figure that you won't sue them.
one in the same.
working for this guy and I got the principal one (= the owner). Maybe the owner being busy with his business explains the (contract violating) delay s.
by his realtor. Post-sale (whenever it happens) I think I will check into reporting his business, thanks. I do not want money. It's the right thing t o do to help other innocent folks.
One more thing I thought of. You say you got the broker, yours I believe to pay for the cost of the new inspection and warranty. I presume you haven't got it in writing yet. One thing I'd be concerned about is who pays for the inspection if the deal falls through? I can see the realtor agreeeing to pay if it the deal closes, but I would doubt the realtor is going to pay if the deal falls apart. In that case, it would be reasonable for the buyer to pay it, but then the buyer would have to agree to that. That aspect should be clear in whatever is being drawn up regarding the new inspection, deadlines, etc.
If the realtor screwed up and the current inspections are no longer valid, his E and O insurance should cover the expense of him paying to have the inspections brought up to date. That's why he is REQUIRED to have E and O (errors and omissions) insurance.
Get the book "buy or run" by Bruce McClure - very good expose on the home inspection business by a home inspector/custom builder/real estate agent = president of the home inspection association here in Ontario. (I went to public school with this guy as a lad) He is calling for "radical" changes in the home inspection business to provide protection to consumers - known by many realtors as "deal killer bruce" because he won't look the other way.
I'll be sure to put it on my "must read list", so I can read what I already know.
The purchacer's agent is negligent in providing an email address for contact and not checking it RELIGEOSLY.. I have 3 email addresses - and ALL of them are checked by my mail agent ALL the time. Too many so-called professionals only use web-mail instead of a real mail agent, and then do not have secondary addresses automatically forward to their primary address. if this causes communication lapses, it is NEGLIGENCE on their part.
m, pretty negligent conduct on the realtors' part.
s set schedules unrelated to the contract; repeatedly not follow instructio ns to communicate xyz to the buyer's realtor; and more; I figured I would b e miserable for some months. My realtor worked on me most of Monday, talkin g past me like the deal was going forward; saying I had to agree to pay for the home inspection and warranty; and what sounded to me like double talk. I said I believed per the contract's terms that either the contract was te rminated due to no resolution of objections by Aug 15; or no "specific obje ctions" (language the contract uses on this point, like many here seem to k now) had been presented nor inspection scheduled by Aug 13 and 11th, so I d id not have to do any inspections or address any objections. I said I would not continue unless the two realtors agreed to pay for the home inspection and warranty. My realtor finally consented and is preparing paperwork now. I am ready for the worst
rs who are not earning their commission, and likely would continue with the ir unsupportable-by-contract approach if gone unchecked, in my opinion. I t hink no winning happens in situations like this. But good enough. The buyer has said she is going forward and wants to close this deal.
has to be signed before any inspection takes place, my realtor has been try ing to get an appointment for an inspection. The earliest one available wit h the inspection company selected is Sep 2, past the scheduled closing. We' re trying to squeeze into any slot that opens because of a cancellation. Th is requires daily checking by my realtor. Objections, resolution and cure r equire several more days. I am trying to be as accommodating as possible. S o now, and it seems to me because the buyer's realtor made no effort to sch edule an inspection per the contract deadline, closing is indeterminate. I remain ready for the deal to fall through, though I hope it does not.
return call, here in the throes of what looks like a closing that will have to be changed and with much that has to be done still. My realtor said he is irritated once again with the other realtor regarding communications and wanted me to know. Indeed.
comfortable with a plan of action to follow. Thank you gfre..aol.com, dpb, trader_4, Ralph Mowery, Oren, Robert Macy, Lee B, Tony Hwang, and NotMe fo r your time. I hope to pass on my good luck in having your advice to someon e else in the future.
There was obviously a lot more wrong here than just providing a wrong email address or not checking email. They had a written contract with dates in it and everyone let those dates approach and then go by, without doing anything. The dates in question were deadlines for the buyer, so it's mostly on the buyer and the buyer's realtor, but the seller's broker and the seller could have been monitoring as well. Also the contract was poorly written and confusing with regard to the existing inspection and whether a new inspection was needed or not.
e offer in late October 2013. All inspections were completed and objections resolved. Then days before closing in late November, the lender disqualifi ed the buyer. I put the house back on the market in May. I had another dece nt offer by late July. Per the contract terms and the buyer's request, the buyer was to receive and consider the old (2013) inspection report. Relevan t dates:
buyer is to order the home inspection. [Buyer still has not ordered either any home inspection or re-inspection. Buyer pays for the home inspection u p front. Seller is to reimburse this cost at closing. No closing, no reimbu rsement.]
nications had gone awry. My realtor ultimately explained that the buyer's r ealtor and he had messed up with what email addresses they were to use to e xchange documents. This resulted in the missed deadlines and 10 days where activity required by the buyer, going towards completing the sale, was zero .
bjections amendment. Because the dates are now inconsistent with the contra ct, I said no. It would make me look like I had dropped the ball. Technical ly I think I may be in my rights to say the buyer has now waived his right to have a home inspection and the accompanying home warranty. But it was bo th realtors who appeared to have screwed up, and I do want to sell the hous e. On the third hand, I am pretty angry I have more inspections to deal wit h, all while I am trying to pack up and make arrangements etc. I have met e very deadline required of me, the seller. I emailed my realtor that I wante d him to provide the following response to the buyer's proposed objections amendment, inserted in the appropriate place in the proposed amendment:
til Thursday evening, Aug 14. Due to apparent missed communications between buyer's realtor and seller's realtor, resulting in some ten days of delay, and the apparent necessity of a home re-inspection for a home warranty, se ller requests (1) an extension to Monday, August 25 to complete home re-ins pection; (2) an extension to Wednesday, August 27 for buyer to provide obje ctions to home inspection report; (3) a change of the closing date to Frida y, September 5 [currently its Friday, August 29].
r this question, please share the group's name.
If you followed the thread, it's not that the current inspection is no longer valid because of a screw up. It's that an additional inspection was required pursuant to the contract because the seller offered a home warranty and that warranty requires an inspection by a certain inspection company. And that apparently was not made clear in the contract , which referenced that the seller was giving the buyer the previous inspecti on report, from a year ago to accept or reject. Then the deadlines lapsed for when the buyer was to have an inspection made, though the buyer did send a response to the seller based on the previous inspection report.
So, now the seller has to endure another inspection and objection process, which hopefully will go smoothly. And he got his broker to eat the cost of the inspection and warranty, which considering all things, is quite remarka ble.
ade, though the buyer did send a response to the seller based on the previo us inspection report.
Before this "remarkable" outcome, I think I had three options for making th e deal go forward:
At present papers are all signed (by buyer and seller, and my realtor and m e for recompense to me) for option 3. I think I would have been miserable a nd financially at risk if I were forced to lie about the delay and keep put ting up with these two realtors' nonchalance IMO about the deal. I do not s ee how the delay can be explained by anything other than the two realtors d ropping the ball.
Of interest perhaps: Aug 21 I informed my realtor that the PA said HOA disc losure acceptance was due Aug 25. HOA disclosure is an expensive and length y procedure in my state. It involves about 100 pages of docs, including the latest HOA financials. The Buyer can go through these and decide that he h ates HOAs, especially this HOA, and the deal will be off. Aug 21 per my req uest, my realtor started checking on this, with a few questions for me. The n he checked his records and found that all had been properly submitted by my HOA on Aug 5, per my legal request to my HOA for same several days befor e. The buyer's acceptance of the HOA disclosure came back the day after I h ad reminded my realtor of this, on Aug 22. I will continue to monitor every due date to make this deal happen.
snipped-for-privacy@snyder.on.ca thank you for the further commentary on errors and omiss ions. It is something I will keep in mind in the future but hopefully never have to rely on.
Forgot to add another option I gave my realtor on Aug 18:
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