This is not a writing entry...
I will admit I have a temper, and that I have my unreasonable moments. That said, I'm assessing the ridiculous situation with our real estate agent and the seller's agent as worthy of anger and desire for satisfaction.
We had a closing date. Because, in the words of the seller's lawyer, the seller was "not ready to vacate" because he "had other closings" he was dealing with, the seller's lawyer did not hurry to respond to our attorney or get the necessary paperwork to our lawyer. (As an aside, we also know that the seller just closed a sale on May 15 -- 1 day after we were supposed to close.)This delayed the bank, but the bank put through its approval in short order, because we were already pre-qualified and ably demonstrated our financial commitment and ability. At that point, we were 2 days past the original closing date.
Now, the seller's lawyer says there is some title problem that still needs to be cleared up. We won't be closing this week either. Monday is a holiday, so the earliest we can close will be next Tuesday -- and that's not guaranteed yet; we still don't have a closing date.
Because the delay has all been on the other party's side, we requested an additional concession, and not a huge one -- we want the carpets removed from the house, which is something we wanted to include as a contingency in our original offer, but our agent said that was an unreasonable request. So we made arrangements to have the carpets removed after we moved in -- and now those arrangements have fallen through because of the delay.
Our agent acts like we're asking for a pound of flesh. His agent won't even present the request to the seller. We're thinking of getting out of the deal all together.
We upheld our end of the deal; the seller and his side are dragging their feet. The house has soured for us considerably. If we don't end up walking away all together, I am looking for some solution to this issue that does not leave us feeling hard done by.
So -- I'm calling on all of the powers of the universe. Help us to resolve this dispute in a way that no one is hurt or upset, but that justice is served.
Let karma be served, too, to our agent, who has failed repeatedly to advocate on our behalf; to his agent, who behaves as if he's more important than the other people in the deal, and who has intimidated our agent; and to the seller, who seems to be up to something that is at least questionable (more than mentioned here). As for the seller's lawyer, well... he's a lawyer. I think karma's already been served there.
Oh, and if you're local -- think twice before dealing with Nothnagle Realtors.
5.19.2009
Subscribe to:
Post Comments (Atom)
6 comments:
Ridiculous. So it'll likely be the first week of June, at least...what if--as I'm sure many people in this situation do--you'd already sold your house and the new people were moving in next week ? They'd be perfectly fine with essentially leaving you homeless for a couple weeks because they can't do their jobs ?
Mistakes happen, but this is not that. This is someone simply not bothering...oh, well. Title problems. It's only other people's lives.
This alarms me: "His agent won't even present the request to the seller." Don't they HAVE to do that ? I figured it's like a trial. One side offers the other a deal and even if the other lawyer knows his or her client isn't gonna do it, they're required to tell them and have it actually be their decision.
I liked the looks of the house from the outside, and the photos of the inside I saw indicate that it's probably beautiful....and I hope some sense reaches these people. At the same time, though, so much of this is gut instinct...I am somewhat superstitious, often to a fault. But I think that things like this go beyond the facts...it's what you feel. And this would make me nervous too...
"As for the seller's lawyer, well... he's a lawyer. I think karma's already been served there."
In a world with any justice, they'd give you everything you're asking for, unprompted. 'cause it's the right thing to do....a foreign concept to everyone else involved, it seems.
Appreciate your take on this, Joseph... remind me to tell you who the seller's lawyer is... you know him too.
Do you have a lawyer??? Check with Bob if you like.. he can give you some info...
As for the rug, it's not unreasonable if his delaying the closing led to you losing your opportunity to have them removed. Your agent is supposed to be YOUR agent.. can you have them removed? Why should they get commision when they aren't willing to act on your behalf??
Sending out good thoughts for you. Hope it all works out. My mom is in the process of selling a house too and we have been having similar things happen with the buyer. She signed on the line on the inspection etc. Mom agreed to pay all her closing costs plus $500 repairs (for what I don't know) and a home warantee and she says she wants the shed (which is fine) torn down! ARGH. The lovely real estate agent (out for his own only) didn't even want to tell us (Oh, after he lied to us repeatedly about other items...) Next time FSBO only.
Sending happy thoughts your way! :)
Thanks you guys -- at least I don't feel so crazy and unreasonable as OUR agent is trying to make me feel! Yes, we have a lawyer & we're exploring the legal options -- especially the one where we just walk away from the whole mess. Panamamama -- you're so right! The agents are what make this such a hassle. I still have to sell my house, and I'm getting more and more worried. I don't think I can do it without an agent, but I don't know how to find an honest one.
Bobbi! I just re-found your blog. I am so sorry you are having this difficulty - hope it has been worked out by now, though! We went with Nothnagle when we bought our house - the first realtor they hooked us up with ended up being a real jerk and dumped us the night before we were schedule to fly here from Ohio!! We called the office and demanded that they hook us up with someone else and we ended up with the most amazing realtor who we're still friends with. So, good things can happen out of nasty situations. Good luck!!
Post a Comment