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Updated almost 9 years ago,

User Stats

254
Posts
136
Votes
Nicholas Armstrong
  • Investor
  • Birmingham, AL
136
Votes |
254
Posts

Multi-family Deal to Fall Apart and Cost me $ Bc of Bad Realtor??

Nicholas Armstrong
  • Investor
  • Birmingham, AL
Posted

Hey Guys,

So I've been in the process of purchasing a Duplex since December. One unit is occupied, but long story short the Multi-family was owned by medicaid, there had to be a court hearing date so on and so forth...  and 4 months later here we are 2 weeks from closing.

During this ENTIRE transaction, the realtor I have been working with has been the absolute WORST. 

1st, he completely botched the contract. It was clearly stated face-to-face AND through written email between me and the mortgage company and the realtor what my offer amount would be and the SELLER NTE x$ for closing costs. Also I requested the unit be rendered unoccupied before closing with a final walk thru 3 days before closing.

Offer accepted and contract signed a few days later. All was well.. or so I thought.

Several days later my mortgage company calls and the processor is questioning why the initial agreement was changed to BUYER NTE x$ for closing costs. I had no idea? It was extremely clear what the offer was. I read the entire contract and the only thing that he got correct was the offer price. Nothing about the current tenant, and BUYER paying closing.

I call my realtor and ask for an explanation. He says it's no big deal and tells me to drive to his office (an hour away) so we can sign the contract again and we be clear on it. So I drive all the way to his office and he has the first page of the contract printed off ready to sign. I read it and it AGAIN says BUYER NTE x$ closing costs. I caught it before I signed it and told him that it needed to be changed. He said "Oh, your right! I'll go print off the correct one" He brings back the contract and it is correct. So I signed it and all was well... or so I thought again.

Two weeks later my mortgage processor calls again and is wondering where the new contract is with all the corrections. I told her I had signed it weeks ago and the realtor had assured me he would send it her way. So again I call the realtor for clarification (still giving him the benefit of the doubt) as to where we stood on the contract. He tells me "The sellers have just this morning asked to up the purchase price by $3,000 to offset closing costs" I was furious. His mistake is now costing me time and money! But I agreed because the deal is so good. So he sends me the new offer the next day with the offer price up $3,000 but one thing is wrong... The offer still had me paying all closing costs!!

At this point I call my mortgage processor because they are pressing me for the new contract. I explain to her what has happened up till this point and she wanted to see the contract to make sure there are no clauses or contingencies in the fine print that I am missing about closing costs. So I send her the contract and she verifies that all he did was raise purchase price. I again angrily question the realtor as to why I am still paying closing costs but the purchase price has been increased?? He asks if all three of us (me, realtor, and processor) can talk on the phone to clear it up.

So the next morning we 3 way a phone call. I explain why I'm furious and I ask why I drove down to him to sign an offer only to learn 3 weeks later he had practically just thrown it away without my knowledge? He explains that  "that particular offer was wrong"  and The phone call turns into me and the processor drilling this guy for answers because at this point it looks like he's trying to do something extremely shady and finally he asks if we just want to pull the plug and get an entirely new offer on the deal. So FINALLY we get the correct offer in. $3,000 more than what was originally offered and it was accepted. And all was well... Or so I thought AGAIN.

I have kept this realtor on a short leash since then, getting updates every few days. 6 weeks ago I ask the realtor if the current tenant has been given a notice and he assures me it has been handled and I tell him that myself along with the mortgage company will need proof that the tenant has been notified and for 2 weeks he had been trying to get this documentation to me and the processor. The last time he answered my phone call or text message was a week and a half ago, my mortgage processor hasn't heard a word from him and he is not returning phone calls and I am really concerned because closing is scheduled in less than 2 weeks. She (the processor) doesn't know what to do and has never been in this situation. I know he's receiving my text messages bc it says "read" when he reads it!

Can my realtor legally get away with all of this? What on earth am I supposed to do? What if the deal falls through and I lose my earnest money and this deal because of the realtor?

I have all the text messages and emails saved from him if I need proof. I also have the processor on my side with proof.

Please Help!

P.s: Sorry for the length of this post!

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