All Forum Posts by: Anthony Jones

Indeed I did. I agree, yet iyr Agent told me I was reading the contract incorrect.  I did teach it to Broker and requested they forego commission as a result of our extra unforseen costs. Indeed I can read the contract. However, if I'm being told that he knows better as the Agent, what to do? Likewise,  if I hire an Attorney,  I can read tge law. However,  I employ he or she to interpret that law and barring a substantial disagreement,  will follow whatever legal advice we receive. Here, the Agent has a fiduciary responsibility. We have to be able to trust the agent to protect our interests. Of he does not and then admits the mistake and a direct correlation between the error and the added costs is made, at what point do we take action? What I believe will happen is the Title company will escrow the portion of the commission in dispute, until a resolution is reached, either voluntary or by Court action. To me "the right thing to do" is to voluntarily forego the commission.  We will see.

We have a closing to take place on  March 2021. During the entire process, our Agent (seller) told us that the closing was to take place on 3/8. We planned accordingly and prepared to pack, knowing we had until 3/8. We had no intention to hire a moving company to pack. However, on February 22, the agent texted me and asked what time on 3/2 would we like to close? I said, "What?". I sent him his own texts telling me that the closing was not the second and was the eighth. Tge contract said 3/2, I'd thought. He also thought so and said he'd get back to me. He did and confirmed 3/8. Now, we are a week less, had to hire the moving company to pack us, the buyer has already given their landlords notice, taken off work and had their own moving company. The date cannot be changed. Both in txts and recorded calls (legal one-party consent,  Missouri), our agent admits (after we called him on it) that he made a mistake. He offered to come help us pack? I want to punch him in the face. I'm demanding that because it will cost us 3,000 more to leave a week earlier than expected, they forego their 3,000 commission. We are directing the Title company to not pay the flat fee of 3,000 to our sellers agent. It is almost exactly what it costs us, with no notice packing and a full-fleged (ATLAS) moving company, instead of a UHaul and hiring day labor. We still considered having a moving company, but never to pack. At the end of the day our Agent, with his fiduciary responsibilities,  directed us to ignore that the contract said 3/2, when questioned.  We're not agents or brokers. We trusted him. What will happen at closing when we direct the Title company NOT to pay our (sellers agent)?. We could allow it then sue from our new home in Texas, come back to Missouri to see the case through. We'd rather they volunteer to surrender their commission as we asked the Broker to do. The Broker is considering our request, but either way our intent is to not pay the 3k. Ideas?