I recently purchased house in California.
When the offer was written it included brand-new appliencies, hardwood floors throughout the house AND $5000 closing credit. My realtor contacted me day after submitting offer telling me that seller doesn’t want to do hardwood floors throughout but instead suggests carpet on stairs and tile downstairs. I agreed, counter offer was faxed to me (really bad copy). Realtor told me counteroffer had what we discussed – the changes to floors – no mention of any closing money. When I came to close loan they told me – in counteroffer there was no mention of $5000. So I had to pay extra!
Now realtor claims she explained everything but I have all emails from her with no mention of money.
She screwed up and didn’t explain it to me – I think she should pay this $5000 out of her cut. What are my chances of getting it?
Complaint against realtor – justified? What to do?
May 31st, 2010 by admin Leave a reply »
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Assuming she is a member of the National Association of Realtors you should contact your local Board of Realtors and ask them about filing a grievance. NAR has a very strong code of ethics.
If that counter offer didn’t have the $5000.00 in it I wouldn’t hold your breath to get it out of her. That is very poor work on the part of the realtor and her boss should know about the situation. I say if you can’t get it worked out with her go over her head and deal with one of the owners of the company she works for they may be willing to keep you happy and make it right. It can’t hurt to try if it was an honest mistake on your part that you didn’t see it and it wasn’t discussed between you and your realtor. She should have gone over the terms better is the bottom line and not have expected you to understand all the technical terms from a ill written copy of a purchase agreement.
If the seller’s counter offer omitted something you had in your offer, then that means they’re not willing to do anything on that. The seller does not have an obligation to address every point you made in your offer. You and your agent should have compared both, and noticed that the $5K closing credit had been omitted.
You might be able to negotiate a settlement with your agent, so that she will reimburse a portion of this to you. Figure out how much she, and her company, made on the deal, and that might help you.
I’m not so sure this is a clear case of your agent “screwing up.”
You had to sign the counter offer. Unless it was taken out, they need to pay the 5K. You have to sign a readable copy. There is no need to ask us. Read what you signed.
Go to her broker and file a formal complaint then go to the board of realtors and file a complain.
She should have ben looking out for your best interest and should have added the closing cost claus since that was not in questionl
ayou may possihly get it back but it won’t come easy. If it had been me ai would have stood up and told her when she gets it straghtehed out to call me. I wouldn’t have closed until it was esoved;
she would have stated wotking for you right then and there because it meant that she wasnt getting hhr comission check right then.
Good luck, and i wouldn’t let this go; Jackie b
it will really come down to the read ability of your contract that you signed
The only papers that matter are the ones you signed. Did you sign the counter? If you did then that is exactly what you agreed to. The fact that you did not read it will NOT hold up in court, your realtor did not make this mistake, you did.
Did you review the HUD before closing? That is a MUST. It is required to be given to you before the closing. You would have seen the extra $5K on the HUD! Why did you sign the closing papers????????
I would be on the phone right away with the broker of the real estate company your agent works for. I would love to see the copy of the counter offer you signed. Was it the original offer with items crossed out or was it a separate counter offer? No matter what your should have told you about the $5K.