Possum Jenkins Posted August 20, 2007 Share Posted August 20, 2007 Well, a call from a lawyer friend of mine got Mr. scumbag realtor off of our backs, but he's filed against the buyers now, including asking that 4% of the funds at closing be held in escrow pending outcome of the suit. Can they do that? I don't want 12 grand of my money sitting in escrow while I am in the Philippines and the realtor and buyer duke this out. Buyers have a lawyer also and he is pissed, says the guy has no leg to stand on. Can they tie up my moolah? Edit to add: Buyer's lawyer says that the only way scumbag could possibly be entitled to commission would be if he could prove that the buyers wanted the house the day they came over with him, but my wife says on the first visit, only the buyers' wife came with the realtor (I was at work and didn't know) and she came back sans realtor and with her hubby and parents three days later. This whole thing is crazy - they have no case against the Buyer unless the Buyer signed something agreeing that they would pay a commission if the Seller didn't pay one. And they DEFINITELY don't have a case against the Seller for anything. Even if the Buyer's wanted the house the day they saw it with the Realtor, if the Realtor wasn't involved in the contract it's going to be impossible to prove that the agent was the "procuring cause". This agent needs to find another line of work - Too stoopid to get the appropriate documents signed up front, either from the Buyer or the Seller, and too stoopid to know when they've lost on the back end. Slam dunk. Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 21, 2007 Author Share Posted August 21, 2007 This whole thing is crazy - they have no case against the Buyer unless the Buyer signed something agreeing that they would pay a commission if the Seller didn't pay one. And they DEFINITELY don't have a case against the Seller for anything. Even if the Buyer's wanted the house the day they saw it with the Realtor, if the Realtor wasn't involved in the contract it's going to be impossible to prove that the agent was the "procuring cause". This agent needs to find another line of work - Too stoopid to get the appropriate documents signed up front, either from the Buyer or the Seller, and too stoopid to know when they've lost on the back end. Slam dunk. Well, some douchebag judge doesnt think so I guess, the title attorney has been ordered to hold 4% of the funds at closing tomorrow pending outcome of the complaint. How can that be? He has a complaint filed against the buyers, and a judge orders them to hold 4% of our money? Makes no sense to me. I have two options I guess - 1) Ask the buyer to pony up the 4% himself and put it in escrow 2) Don't close until the whole effing mess is settled. I am pissed off to no end. This assholio realtor knows we are leaving the country on the 25th, I think he did this on purpose knowing the short time line would force us to scramble. The contract was signed like 5 or 6 weeks ago. I know we've got several top shelf dudes on this board that are straight shooting, respectable realtors, but this mothereffer gives all of you a bad name. Quote Link to comment Share on other sites More sharing options...
muck Posted August 21, 2007 Share Posted August 21, 2007 Maybe a quick way to settle this is to do the following: 1) Swallow hard. 2) Ask the buyer if you chipped in 1% and he chipped in 1%, see if the agent would take 2% to walk away. 3) If the agent says "no" tell him you have a letter that will be hand delivered to the editor of the local paper, plus the state liscensing board ... be prepared to show him the letters you're going to be distributing. 4) Tell the agents attorney that you will be reporting him to the state bar association for his participation in this matter. Be prepared to show him a letter, too. I've recently had to swallow my pride to get two RE deals done ... glad I did. The pain-in-the-arse factor of having to continue to deal with this sort of crapola just isn't worth it ... try to make it go away by writing as small of a check as you can. You want this deal to close. Are you still getting a good price for the house even if you have to pay 4%? If the answer is yes, then feel good about leaving 4% in escrow, pending the outcome. Make sure that the agent will be covering your attorneys fees should he lose the proceeding... Quote Link to comment Share on other sites More sharing options...
whomper Posted August 21, 2007 Share Posted August 21, 2007 Well, some douchebag judge doesnt think so I guess, the title attorney has been ordered to hold 4% of the funds at closing tomorrow pending outcome of the complaint. How can that be? He has a complaint filed against the buyers, and a judge orders them to hold 4% of our money? Makes no sense to me. I have two options I guess - 1) Ask the buyer to pony up the 4% himself and put it in escrow 2) Don't close until the whole effing mess is settled. I am pissed off to no end. This assholio realtor knows we are leaving the country on the 25th, I think he did this on purpose knowing the short time line would force us to scramble. The contract was signed like 5 or 6 weeks ago. I know we've got several top shelf dudes on this board that are straight shooting, respectable realtors, but this mothereffer gives all of you a bad name. What does your lawyer have to say about all of this ? Quote Link to comment Share on other sites More sharing options...
dmarc117 Posted August 21, 2007 Share Posted August 21, 2007 Maybe a quick way to settle this is to do the following: 1) Swallow hard. 2) Ask the buyer if you chipped in 1% and he chipped in 1%, see if the agent would take 2% to walk away. 3) If the agent says "no" tell him you have a letter that will be hand delivered to the editor of the local paper, plus the state liscensing board ... be prepared to show him the letters you're going to be distributing. 4) Tell the agents attorney that you will be reporting him to the state bar association for his participation in this matter. Be prepared to show him a letter, too. I've recently had to swallow my pride to get two RE deals done ... glad I did. The pain-in-the-arse factor of having to continue to deal with this sort of crapola just isn't worth it ... try to make it go away by writing as small of a check as you can. You want this deal to close. Are you still getting a good price for the house even if you have to pay 4%? If the answer is yes, then feel good about leaving 4% in escrow, pending the outcome. Make sure that the agent will be covering your attorneys fees should he lose the proceeding... the ones that are scumbags know this and exploit it. Quote Link to comment Share on other sites More sharing options...
whomper Posted August 21, 2007 Share Posted August 21, 2007 Its baffling to me how your money could be tied in escrow when there was never a comission offered by you the seller..Im curious to hear your lawyers take. Unless the laws are different in your state from mine (nj) . What does your Lawyer that is handling this transaction for you have to say ? Your lawyer should not allow any hold ups over a nonsense arraingement that you have nothing to do with legally What does your lawyer have to say about all of this ? You do have a lawyer handling this for you dont you ? Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 23, 2007 Author Share Posted August 23, 2007 You do have a lawyer handling this for you dont you ? Yes, sorry. Spent a day and a half traveling back from the PI. Both myself and the buyer are named as co-defendants in the lawuit. Since the buyer's agent actually showed the buyers over 50 properties before ours, and the buyers chose to disengage once they decided they wanted my house, my lawyer says that in all likelihood, if litigated, the agent will be entitled to commission on the sale. Obviously, the agent's attorney does not care where the money comes from, ergo he filed suit against us both. Problem is, if we close now and put the money in escrow as they have asked, then the buyers are free and clear and if we lose, we would in turn have to sue them to recover. At this point, they've offered to settle for $10,500, which is a little under 3%. I've offered to cover half if the buyers will cover half to get the deal done, so I should find out tomorrow if they will agree to that. What a clusterfook. And yes, we're still getting a good price on the house if we have to swallow the extra ~6k. Hell, there are probably 100 houses within 5 miles of me for sale in the $325k-$450k range that have been sitting for several months to over a year, plus another 100+ lots available to build on. At this point, any closed price is probably a good one for us. Quote Link to comment Share on other sites More sharing options...
whomper Posted August 23, 2007 Share Posted August 23, 2007 Yes, sorry. Spent a day and a half traveling back from the PI. Both myself and the buyer are named as co-defendants in the lawuit. Since the buyer's agent actually showed the buyers over 50 properties before ours, and the buyers chose to disengage once they decided they wanted my house, my lawyer says that in all likelihood, if litigated, the agent will be entitled to commission on the sale. Obviously, the agent's attorney does not care where the money comes from, ergo he filed suit against us both. Problem is, if we close now and put the money in escrow as they have asked, then the buyers are free and clear and if we lose, we would in turn have to sue them to recover. At this point, they've offered to settle for $10,500, which is a little under 3%. I've offered to cover half if the buyers will cover half to get the deal done, so I should find out tomorrow if they will agree to that. What a clusterfook. And yes, we're still getting a good price on the house if we have to swallow the extra ~6k. Hell, there are probably 100 houses within 5 miles of me for sale in the $325k-$450k range that have been sitting for several months to over a year, plus another 100+ lots available to build on. At this point, any closed price is probably a good one for us. I could see the fact that the realtor would want his time invested in these people to amount to something..50 houses takes a long time to show and his buyers are looking to cut him out in the end but honestly thats the way the cookie crumbles sometimes in real estate and your house which is a FSBO should not be subject to thsi little buddy and his judge friend..Its a shame you are going to dip in your pocket for this prick..I guess in the end you are figuring you will get the deal done and this will go away and when the dust settles you are still happy with the price you got but its bull..I still think if you held out he wouldnt be entitled to a penny of your $..In fact I am positive about that..I just cant see how you can be responsible for a comission you never offered because this guy showed them 50 houses previous to yours.. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 23, 2007 Share Posted August 23, 2007 I could see the fact that the realtor would want his time invested in these people to amount to something..50 houses takes a long time to show and his buyers are looking to cut him out in the end but honestly thats the way the cookie crumbles sometimes in real estate and your house which is a FSBO should not be subject to thsi little buddy and his judge friend..Its a shame you are going to dip in your pocket for this prick..I guess in the end you are figuring you will get the deal done and this will go away and when the dust settles you are still happy with the price you got but its bull..I still think if you held out he wouldnt be entitled to a penny of your $..In fact I am positive about that..I just cant see how you can be responsible for a comission you never offered because this guy showed them 50 houses previous to yours.. yup and I'm a hard@$$ when it comes to me beliving in something, no f'n way I give this realtor a dime. Quote Link to comment Share on other sites More sharing options...
polksalet Posted August 23, 2007 Share Posted August 23, 2007 realtor told me last night that if you allow a pusher into your house you have obligated yourself to pay the commission, no matter what it is. DO you people not understand why I put the screws to house pushers every chance I get? Quote Link to comment Share on other sites More sharing options...
polksalet Posted August 23, 2007 Share Posted August 23, 2007 realtor told me last night that if you allow a pusher into your house you have obligated yourself to pay the commission, no matter what it is. DO you people not understand why I put the screws to house pushers every chance I get? Quote Link to comment Share on other sites More sharing options...
whomper Posted August 23, 2007 Share Posted August 23, 2007 realtor told me last night that if you allow a pusher into your house you have obligated yourself to pay the commission, no matter what it is.DO you people not understand why I put the screws to house pushers every chance I get? absolute nonsense Quote Link to comment Share on other sites More sharing options...
Possum Jenkins Posted August 24, 2007 Share Posted August 24, 2007 realtor told me last night that if you allow a pusher into your house you have obligated yourself to pay the commission, no matter what it is. DO you people not understand why I put the screws to house pushers every chance I get? This is a load of crap. So you're saying that the realtor can just arbitrairily say "you owe me 10% because I showed your home". There has to be a meeting of the minds on this, not just a one-sided assumption. You have no contractual obligation to pay this person. You might have a moral obligation to pay this person, depending on what your conversations with him were prior to the showing. It's possible that if you verbally agreed to a commission you could lose this battle, but typically verbal contracts are difficult to enforce (and in real estate they most often are not enforceable, but this isn't a real estate contract, it is a contract for services). The buyer, on the other hand, definitely has a moral obligation and might have a contractual obligation if they signed something to that effect. If you can, I would hold off on the closing until it is resolved. You should not have to pay anything. I would file a complaint IMMEDIATELY with the local association of realtors and the State Commission. For this agent to sue you and win it would require your agreement that you would pay him a commission. Absent that agreement he has no standing. I wouldn't escrow a dime of your money and you should file the complaints ASAP. To the original poster - Now all that being said, I find it odd that you let this guy in your house with his client and had absolutely no discussion on what his compensation would be should he be able to procure a sales contract for you. If that is the case than this guy is a complete hack. I would make it a point to tell as many people as possible to avoid him, going so far as to find out where he sells the most and going door-to-door to tell people my story. Now if you talked about money, pay up and move on... Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 24, 2007 Author Share Posted August 24, 2007 Update - We are closing today at 3pm. Cost me $5250 out of pocket plus about a grand in legal fees. Sucks ass, but my lawyer told me that for this amount of money a legal fight is not really worth it. At the end of the day I am still thrilled that my house actually sold in this market, and we still got about 80k more than we spent on it three years ago. We're also leaving for the Philippines tomorrow at noon and frankly this is a headache that I did want to have to deal with while relocating my family. Got my first paycheck from the new job today too....over double net what my gross was at my old job. I guess I have alot to be thankful for, and hopefully Karma will catch up with this Megan Fox realtor in the future. Quote Link to comment Share on other sites More sharing options...
whomper Posted August 24, 2007 Share Posted August 24, 2007 Update - We are closing today at 3pm. Cost me $5250 out of pocket plus about a grand in legal fees. Sucks ass, but my lawyer told me that for this amount of money a legal fight is not really worth it. At the end of the day I am still thrilled that my house actually sold in this market, and we still got about 80k more than we spent on it three years ago. We're also leaving for the Philippines tomorrow at noon and frankly this is a headache that I did want to have to deal with while relocating my family. Got my first paycheck from the new job today too....over double net what my gross was at my old job. I guess I have alot to be thankful for, and hopefully Karma will catch up with this Megan Fox realtor in the future. Good for you bro..Im glad when the dust settled you are still happy. It is a shame this dousch got over but at the end of the day you're happy and your head is clear..Congrats Quote Link to comment Share on other sites More sharing options...
proninja Posted August 25, 2007 Share Posted August 25, 2007 Update - We are closing today at 3pm. Cost me $5250 out of pocket plus about a grand in legal fees. Sucks ass, but my lawyer told me that for this amount of money a legal fight is not really worth it. At the end of the day I am still thrilled that my house actually sold in this market, and we still got about 80k more than we spent on it three years ago. We're also leaving for the Philippines tomorrow at noon and frankly this is a headache that I did want to have to deal with while relocating my family. Got my first paycheck from the new job today too....over double net what my gross was at my old job. I guess I have alot to be thankful for, and hopefully Karma will catch up with this Megan Fox realtor in the future. Do you have time to write a few letters to local publications regarding said realtor? Quote Link to comment Share on other sites More sharing options...
polksalet Posted August 25, 2007 Share Posted August 25, 2007 pm me his name. I have a phone line, hate house pushers, and nothing else to do. Quote Link to comment Share on other sites More sharing options...
wiegie Posted August 25, 2007 Share Posted August 25, 2007 pm me his name. I have a phone line, hate house pushers, and nothing else to do. forget pm'ing his name--post it here for all of us to see I'm serious. Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 26, 2007 Author Share Posted August 26, 2007 Do you have time to write a few letters to local publications regarding said realtor? Part of the settlement agreement was that all details of the suit and settlement be kept strictly confidential. But for the benefit of the huddle, the Megan Fox's first name might be the same as the last name of a chunky, mustachioed porn star from the 80's, and his last name might be the same as the last name of ESPN's college football and NFL draft guru, the guy with the hairdo. Quote Link to comment Share on other sites More sharing options...
whomper Posted August 26, 2007 Share Posted August 26, 2007 Part of the settlement agreement was that all details of the suit and settlement be kept strictly confidential. But for the benefit of the huddle, the Megan Fox's first name might be the same as the last name of a chunky, mustachioed porn star from the 80's, and his last name might be the same as the last name of ESPN's college football and NFL draft guru, the guy with the hairdo. I got the Ron part Quote Link to comment Share on other sites More sharing options...
Puddy Posted August 26, 2007 Share Posted August 26, 2007 I got the Ron part Jeremy Kyper. What do I win? Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 26, 2007 Author Share Posted August 26, 2007 Jeremy Kyper. What do I win? I can't confirm that. Quote Link to comment Share on other sites More sharing options...
Puddy Posted August 26, 2007 Share Posted August 26, 2007 I can't confirm that. Don't forget that I stay in Richmond 2 or 3 times a year. If I was a badass, he'd be in trouble. Quote Link to comment Share on other sites More sharing options...
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