Real Estate Agents: What is and is not written in the contract

[Alan Mills]

Hi REALTORS,

This is a question about a real estate transaction in Colorado:

While most of my conversations usually surround real estate investment strategies, this time I have a question in regard to purchasing our next primary residence.... a great time to do it with super low interest rates.

We are purchasing the property without a buyers agent. We knew that there were risks with this approach, and one concern has subsequently materialized, even if it is somewhat insignificant: The seller agreed to provide an interior decorating service as a part of the transaction. This service was advertised in the pamphlet for the property, and it was also discussed as a part of the transaction in early negotiations via email with the sellers agent. However, the service was ultimately not written up in the contract, and therefore the seller’s agent - who is now serving in the role of transaction broker, which we agreed to - has cited that because the service was not written up in the contract, the sellers are no longer liable to provide it.

No, this is not something that we would pursue any further legally, and the service is rather insignificant. But we do feel that a bait and switch has taken place, and that the selling agent, who I understand when she acts as a transaction broker should no longer be solely representing the sellers, omitted this detail in the contract, and we did not notice the omission at the time of signing. Argus situation does not strike us as a good faith effort. Really, it’s just a bummer. But I wonder if you might have some thoughts to share.

Thanks, and don’t forget to wash your hands ;-)

Alan

[Russell Brazil]

You chose not to have an agent. If you dont have the experience to know fully what you are doing, you should hire an agent. There are literally hundreds and hundreds of different details that can make up an offer. 

There is nothing wrong with not wanting to use one, but when something goes sideways, you got to look in the mirror for who is responsible.