Calgarypuck Forums - The Unofficial Calgary Flames Fan Community
Old 02-18-2015, 07:55 AM   #1
MrPlow
Farm Team Player
 
MrPlow's Avatar
 
Join Date: Jun 2004
Exp:
Default Realtor Negligence - Advice

Hi All,

So my wife and found and closed a deal on our dream home. Considering the market, and hearing from everybody to keep waiting we got it for $20K below their original listing price.

The problem is that during the home inspection a problem came up. It wasn’t that big of an issue in my opinion… it was some mildew in the attic due to warm air coming up through the bathroom which causes condensation and thus the mildew. After the home inspection I stated to our realtor that we would like them to fix the mildew using a licensed contractor before our possession date of early April. The problem was that their realtor was either ignoring or was not paying attention to his phone ALL day Monday (date of inspection) and Tuesday (until after the offer closed). The repairs likely will not cost more than $2,000 (some mildew treatment on the 2 square foot portion of wall, and some “flooring/whatever the term is” to cover the space left open during construction + some weather proofing to prevent moisture) but I feel that the realtor was negligent in not being available during the final hours of our deal to communicate this to the sellers. Because we didn’t hear from him with 5 minutes left from closing we decided to waive the conditions and take the house as is. After the fact he told our realtor that “he thought the offer closed tomorrow”. Because of, in my opinion, his negligence the repairs will not be done by the original owners (unless we can work a deal out due to his error


“sorry I thought the offer closed tomorrow”. The guy literally has one job. To sell a house and communicate with the buying realtor. I feel that he was incredibly negligent in not being available and it can potentially cost me thousands of dollars.

All in all, I’m quite happy about the house… and for the price that we are getting it for, I don’t mind making a few repairs. I just find it unprofessional that a selling realtor was not available at the closing time.

Any advice would be appreciated.

Last edited by MrPlow; 02-18-2015 at 08:28 AM.
MrPlow is offline  
Old 02-18-2015, 08:38 AM   #2
Red
Lifetime Suspension
 
Join Date: Oct 2001
Exp:
Default

My advise would be to wait till the offer expires and put that realtor on the spot. No way the sellers or the realtor would not pay 2K to complete the sell. They'd be fools not to.
Red is offline  
Old 02-18-2015, 09:01 AM   #3
ken0042
Playboy Mansion Poolboy
 
ken0042's Avatar
 
Join Date: Apr 2004
Location: Close enough to make a beer run during a TV timeout
Exp:
Default

How were you able to waive conditions without your realtor communicating with theirs?
ken0042 is offline  
Old 02-18-2015, 09:02 AM   #4
calgarygeologist
Franchise Player
 
Join Date: Dec 2013
Exp:
Default

I don't know if there is much that can be done at this point but at the very least you (or your realtor) should be able to make a complaint to the other realtors broker. The broker may or may not care and may or may not have a discussion with that realtor.
calgarygeologist is offline  
Old 02-18-2015, 09:13 AM   #5
OMG!WTF!
Franchise Player
 
Join Date: Oct 2014
Exp:
Default

I don't think the other realtor has any obligation to answer his/her phone, other than if his/her seller is calling. It's plenty rude, but you and your realtor are not his/her concern. What he would have been obligated to do and what your realttor should have done was write an addendum to the original contract that did two things, 1) extended the appropriate condition date by 48 hrs and 2) added a term to the contract that said the sellers would fix the problem however you wanted it fixed. Such an addendum would have required a response from the other realtor and in this sort of market, they would have been crazy not to agree to it.

So I think it's your realtor that screwed this on up. Real estate requires documentation not phone calls.

I'm not sure if you signed an inspection agreement...an agreement that says the contract will not be altered unless the value of the repair is more than 1% of the value of the house. But typically you have a hard time canceling a purchase contract over a relatively small repair. So it may have ben fruitless anyway.
OMG!WTF! is offline  
The Following 2 Users Say Thank You to OMG!WTF! For This Useful Post:
Old 02-18-2015, 09:18 AM   #6
Canehdianman
Lifetime Suspension
 
Join Date: Sep 2011
Location: Calgary
Exp:
Default

1) You shouldn't have waived conditions and it wasn't negligence on the part of your realtor. Presumably you had some communication with the sellers (or their lawyer at least) in order to waive conditions... Why didn't you inform them at that time that you were adding a condition that they fix the problem?


2) I'd chalk it up to a lesson learned, but if you are really miffed, I'd be asking my realtor to put 2k of his commission into the repairs.
Canehdianman is offline  
The Following 2 Users Say Thank You to Canehdianman For This Useful Post:
Old 02-18-2015, 09:23 AM   #7
Hockeyguy15
Franchise Player
 
Join Date: Dec 2009
Exp:
Default

Quote:
Originally Posted by Canehdianman View Post
1) You shouldn't have waived conditions and it wasn't negligence on the part of your realtor. Presumably you had some communication with the sellers (or their lawyer at least) in order to waive conditions... Why didn't you inform them at that time that you were adding a condition that they fix the problem?


2) I'd chalk it up to a lesson learned, but if you are really miffed, I'd be asking my realtor to put 2k of his commission into the repairs.
I believe this is the correct answer, there was no negligence on the part of either realtor.

I believe to waive the conditions all you have to do is sign the form waiving the conditions and send it to the other realtor, no direct communication is required. You could have also had your realtor draw up an extension for the conditions. The sellers would need to agree to it, but this more than likely would have got their realtor to respond to you.

Last edited by Hockeyguy15; 02-18-2015 at 09:25 AM.
Hockeyguy15 is offline  
Old 02-18-2015, 09:32 AM   #8
Travis Munroe
Realtor®
 
Travis Munroe's Avatar
 
Join Date: Feb 2009
Location: Calgary
Exp:
Default

As everyone else is saying ....
1) although not very professional, there was no obligation for the other realtor to be answering his phone.
2) the waiver you sent in meant nothing without confirmation it was received so I put the blame on you and your realtor for sending that in pre maturely.
3) send a amendment extending the condition period instead of the waiver... Don't even wait for confirmation, just sent it in and I guarantee the realtor on the other side acts quicker.
4) never send in a waiver for the sake of sending it in. I am willing to bet anything that you would have had the sellers paying for those repairs had you/your realtor proceeded properly.

OMGWTF- property inspection schedules are no longer worded like that. It's simply "satisfactory to the buyer".

Lesson learned, and it cost a bit of money.... I put 0 blame on the listing realtor, 50% on your realtor and 50% on you as the buyer. Good luck moving forward.
__________________

OFFICIAL CP REALTOR & PROPERTY MANAGER
Travis Munroe | Century 21 Elevate | 403.971.4300

Residential Buying & Selling
info@tmunroe.com
www.tmunroe.com

Property Management
travis@mpmCalgary.com
www.mpmCalgary.com
Travis Munroe is offline  
Old 02-18-2015, 09:41 AM   #9
automaton 3
First Line Centre
 
Join Date: Oct 2004
Location: Lethbridge
Exp:
Default

You made the choice to remove a condition. We don't know how all of the conversations went, but from what you have said your realtor perhaps could have laid out your options better.

At the end of the day, it was your decision to proceed.
automaton 3 is offline  
The Following User Says Thank You to automaton 3 For This Useful Post:
Old 02-18-2015, 10:17 AM   #10
OMG!WTF!
Franchise Player
 
Join Date: Oct 2014
Exp:
Default

I wonder if your realtor may have been more concerned about preserving a sale for him/herself than looking after your best interests. There are going to be thousands of starving realtors in the next year and it really is a basic procedure he/she got wrong. He/she should have at least told you what your options were. I can't really imagine 50% of the blame falling on the buyers here.
OMG!WTF! is offline  
Old 02-18-2015, 10:32 AM   #11
Travis Munroe
Realtor®
 
Travis Munroe's Avatar
 
Join Date: Feb 2009
Location: Calgary
Exp:
Default

Quote:
Because of, in my opinion, his negligence the repairs will not be done by the original owners (unless we can work a deal out due to his error
speaking about the list realtor.

His negligence?
Buyers Realtors fault - not explaining that sending a waiver in means nothing without acknowledgement that it has been received. Had this been done, I am sure the buyers would realize that if the sellers Realtor needs to acknowledge something, he can acknowledge their counter offer post inspection.
Buyers fault -Regardless of ones knowledge with buying property, it is common sense that sending in a waiver is the final piece to that deal and takes away any further negotiations. Either the buyer was prepared to fix this on his own and didn't want to run any risk of losing the property - then had a change of heart OR the buyer jumped the gun on sending the waiver in.

If that deal dies in the water because your realtor was unable to reach the sellers realtor and then the sellers are pissed off, negligence will now fall on the sellers realtor as he is forced to explain why the deal died.

At this point you simply tell the sellers, there is no deal on the table but here is a unconditional offer the exact same as the previous one for $2,000 less due to the mildew.

I think chances of them accepting that offer are much much much greater than re listing the property, waiting for another offer, negotiating the offer, spending a week in conditions and assuming there are no further negotiations.
__________________

OFFICIAL CP REALTOR & PROPERTY MANAGER
Travis Munroe | Century 21 Elevate | 403.971.4300

Residential Buying & Selling
info@tmunroe.com
www.tmunroe.com

Property Management
travis@mpmCalgary.com
www.mpmCalgary.com
Travis Munroe is offline  
Old 02-18-2015, 10:41 AM   #12
1stLand
Lifetime Suspension
 
Join Date: Jan 2010
Location: Calgary
Exp:
Default

You should always schedule a home inspection atleast 3 days before Conditions expire.
That gives you time to reach the Listing Agent and the Sellers well in advance of the Condition date to negotiate repairs.

Too many times I see Buyers schedule the Inspection on the day the Conditions are due (9pm) and then there is a mad rush to negotiate / discuss repair work at 6 or 7pm.
1stLand is offline  
Old 02-18-2015, 10:42 AM   #13
GoinAllTheWay
Franchise Player
 
GoinAllTheWay's Avatar
 
Join Date: Apr 2003
Location: Not sure
Exp:
Default

Classic.....a choice YOU made is somehow someone else's fault.

You got your "dream house" for 20k under asking and your going to focus on a small repair like this?

Forget about it and move on. Enjoy your new home.
GoinAllTheWay is offline  
The Following User Says Thank You to GoinAllTheWay For This Useful Post:
Old 02-18-2015, 03:18 PM   #14
MrPlow
Farm Team Player
 
MrPlow's Avatar
 
Join Date: Jun 2004
Exp:
Default

My bad - the original post I wrote didn't really portray the picture.

It wasn't so much the selling realtor but it was the people selling the house that were unavailable during the hours leading up to closing. Which is why we had to communicate to the selling realtor that we would remove the conditions and accept it as is. He felt frustrated with his clients, and said he would talk with him and explain the situation with the mildew and work something out.

I had to have the home inspection only 1 day before closing because of work commitments. Usually I would give more time.

Update: Knocking $1000 off the original price to cover the repairs.

Last edited by MrPlow; 02-18-2015 at 03:24 PM.
MrPlow is offline  
Old 02-18-2015, 03:53 PM   #15
Travis Munroe
Realtor®
 
Travis Munroe's Avatar
 
Join Date: Feb 2009
Location: Calgary
Exp:
Default

Good news and nice sellers - I personally don't think I would re negotiate after it was a done deal. Glad everything worked out!
__________________

OFFICIAL CP REALTOR & PROPERTY MANAGER
Travis Munroe | Century 21 Elevate | 403.971.4300

Residential Buying & Selling
info@tmunroe.com
www.tmunroe.com

Property Management
travis@mpmCalgary.com
www.mpmCalgary.com
Travis Munroe is offline  
 

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -6. The time now is 03:59 AM.

Calgary Flames
2023-24




Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright Calgarypuck 2021