MY Realtor has started Working for THEIR side.

[Kirk R.]

I have been working toward a buying a house using a Realtor as my Buying Agent.  Deal is supposed to close the end of this month January.

Summarizing, I made it clear to MY $#@!ing Realtor that I did NOT want my deal to proceed.

So far my Realtor has blamed me for missing a termite appointment - not my fault.  & accused me of Renegotiating and being unethical (not true IMO - using inspections).  Then without talking to me he went out and got quotes for paint.  I need the paint to be done or else I can EASILY get out through the financing.  Then he negotiated with selling Realtors - the sellers had already said NO to paint -  to split the paint costs.

Just a few examples.  He is currently communicating directly with my banker and bad mouthing me and trying to FORCE the deal through.  Hmmm think he wants his commission.

& he is ignorant about the contract.  He should have put in a repair amendment when some inspections were done.  He is now confused when the final contract went through.  An amendment was done now becoming the point that I had 14 days to conduct the inspection.  I had the inspection done in this 14 day window.  Ironically it was his inspector. I could have been more assertive here also.  Inspection was done on the 19th and spending time with my family.....

Main issue with this deal is I did a ton of due diligence and after all the due diligence the numbers are BAD.

I know - don't work with another bad Realtor.  & pick a good Lawyer?  I am currently treating him like he is working for the Selling side - which is the way it used to be way back when.  It was clear BOTH Realtors worked for the seller.

He is being a insert explicative here. He is telling me I won't get my earnest money back. & I paid for a VA appraisal/inspection already. Possible to get this money back? I still would like to shop for a deal using my VA loan.

Any way to get more money out of this deal?  Lawyer on contingency.  Leave it alone and write it off?

I am thinking my next step will be FORCE him to submit a repair amendment for everything I feel needs done.  IMO clear in REALTOR provided contract - that heating/cooling structural electricity are included as inspection items.  I could not see these issues til the inspector pointed them out.  Hence he is saying I Reneged unethical etc.  Listing did say "AS IS" my opinion listing can say whatever.

Without the seller negotiating this is a NO deal.  I would be good with them putting it back on the market and if no one buys it - I am still interested in the deal.  I think they probably can get it sold at the price point we are at.

Appreciate any suggestions.  I will NEVER being working with buyer's agent again - probably;)

apologies for post length.

[J Scott]

Originally posted by @Kirk R.:

Excerpt from Report:

ØBasement electrical panel not up to code. No panel cover and an extension cord were used to run three outlets that are not mounted properly. (Loosely hanging from joist.)

ØGarage electrical has seven blown fuses and not panel cover. Strong suggest removal or replacement of the electric panel. Additionally there are several outlet plugs that are broken and missing cover plates.

ØSouth side garage wall has significant crack that spans over 8 feet. Suggest immediate structural fix.

ØSeal up 12 inch flue hole in garage roof to prevent rain and moisture from coming into garage space. 

I'm assuming the above came from your inspection report?  If so, you had every right to back out of the deal, but only within the 14 day window.  Sounds like you didn't ask your agent to go that route, and he didn't do it on his own.  So, now you're past your inspection contingency window and can't back out based on that.

Before we go any further, I'll make a couple points:

-  Based on your relaying the wording of the contract, the only inspection items you could use to terminate the contract (or renegotiate) were these electrical and structural issues. The broken windows, railing, etc., were outside the scope of what you were allowed to use to terminate.  That said, if the above is from your inspection report, that certainly sounds to me like an indicates of electrical and structural disrepair.

-  Yes, your agent should have met with you prior to the 14 day window to discuss your options, get your direction and then do what you wanted him to do (either ask for repairs or terminate the deal).  He didn't do that, which makes him a bad agent.

-  While your agent should have initiated this conversation, it was your responsibility to understand the contract you signed and if you wanted to go back to the seller for repairs (or terminate the contract), the onus was on your to communicate this to your agent.

-  Unless your agent failed to act on your direction here, I don't think you'll find that you have much recourse, either legally or through the RE commission.

The next order of business is your financing contingency, and whether you still have an "out" from the contract.  Does your financing contingency have an expiration date?  Are you still within the window in which you can get out of the contract based on an inability to get financing? 

If so, I would suggest supplying your agent with a notification from your lender indicating that certain repairs need to be completed prior to your getting approval for financing.  Direct your agent to write up a termination based on your ability to get financing and ask him to deliver to the listing agent immediately.  Make sure you have this direction to your agent in writing (should he fail to do it and should you have to take further action against him).

Now, if you are currently outside the window during which you can back out of financing, or if the contract was written in such a way that this contingency can't be used, then you're just out of luck.  And you should chalk it up to you not managing the process well and not ensuring that the contract you signed adequately represented your interests.

Oh, and read this article:

http://www.biggerpockets.com/renewsblog/2010/02/10...