realtor lets negotiation period expire

[Leland S.]

I had my house on Zillow as FSBO and this snakey agent had a buyer but all along the way would say disingenuous things to get the best deal and take advantage of me the whole way. We ended up under contract and during the inspection negotiations the buyer requested a bunch of silly things to do that I didn't want to pay for, some were a few knobs we tightened with a screw driver. So I declined and offered only to do them if we take the buy price up to the full value ask price I had come down by 10k from. I stayed firm in my response but the guy kept harassing me texting and emailing non stop telling me how the contract would be void and I'd lose my earnest money (not even 1%) etc etc. All the way up til midnight of the 3 day deadline where if negotiations couldn't resolve the contract becomes void. He emails me "5 minutes...", then exactly at midnight, past the 3 day mark he emails me a signed notice from the buyers from 10:41pm that night that they accept the house AS IS. This realtor tried to continue to strong arm me with threats of lawsuits and the contract expiring all the way until midnight. But he was 1 minute late on sending me the notice the buyers already agreed to an hour 20 min before then! I brought up to him that he was 1 minute late and according to the contract that means it is expired. He then sent off a firestorm of messages to me and a phone message agreeing it was expired, but he would send me an extension. I didn't sign the extension and now I signed releasing them from the contract.

I wonder if he broke any rules of conduct since he didn't take his buyer's agreement to save the house deal. He didn't represent their interests. I'm confused about his strange behavior, but I'm also glad to let him go and I hope his buyers find a way to let him go. Sad thing is that they really loved and wanted the house for a variety of reasons. I'm tempted to email the buyers and apologize on behalf of the realtor and make sure they understand he broke the contract, I'd imagine he's found a way to say that I broke it. 

[Charlie MacPherson]

@Leland S.

These are the cases where FSBOs get hurt because they're so focused on not paying a commission.

If I were representing you, I'd never let a buyer's agent get away with strong-arming you.  In fact, in a seller's market like this, I'd be strong-arming HIM!  I'd do my best to stoke up a bidding war and let him tell me what concessions his side is prepared to make.

From what I'm reading it sounds like you were in a routine negotiation and you seem to have taken offense that the other side wanted a better deal.  

Please forgive me for saying so, but this is the mark of an untrained negotiator - a rookie.  In these cases, a trained negotiator will walk all over you.  

For example, I just sold a Boston-area home for another BP'er.  I laid out a plan to create a bidding war.  We had about 65 people through the open house and had 7 offers the next day.  I negotiated the high bidder up an additional $3,000 and got them to drop the home inspection.  We are at $49,600 over asking price.

Sure, he could have saved the $20,000+/- commission by going FSBO, but I think he's pretty darn happy that he had me on his side.

At this point, my recommendation would be for you to contact that agent and tell him that you will accept a full price offer, as-is - with no further concessions and get those terms in writing.

PS - even if the buyers later purchase your home without this agent, he will have a strong claim for commissions as he is what is called the "procuring cause" of the sale.