All Forum Posts by: Patrick Connell

Joel, I agree this is one way to handle it but I believe at most the brokerage might have to pay a fine. I don't believe this would help the buyer at all and using the complaint as leverage would be highly unethical; not saying you suggested that, just making the comment.

I would also have a hard time reporting the other brokerage unless I thought they were truly playing "dirty pool" and trying to be deceptive. I have made mistakes on an MLS listing before and it was simply a matter of forgetting to check a box or vice versa; none of us are perfect and so I'd like to give them the benefit of the doubt, at least initially.

Never good to be the test case lol :-)

@Matthew Drew

Like many things in RE, if it's not in writing then it's no good. Sometimes, the MLS listing can be wrong for a variety of reasons; meant to click something you didn't, accidentally clicked something you shouldn't, etc. I don't think this should be a reason to believe the listing agent is acting in bad faith. It may have genuinly been a mistake.

However, even if it wasn't a mistake and the fridge was going to be included, it still should have been listed on a "Non-realty items addendum" and submitted as part of the offer; TREC No. OP-M.

Since you're using an agent I assume you're using the appropriate TREC Forms. Check your copy of the sales contract. Section 2B and 2C already list everything that is assumed to be included. Section 2D excludes items the seller wants to keep (special chandelier, custom bookcase, etc.). If something isn't listed in those two sections then you need to add it to the above form.

I hope this helps some. Also remember, the MLS is not an offer or contract.

@Carolyn L. I posted a question a couple weeks ago that received some responses that might answer your question:

http://www.biggerpockets.com/forums/86/topics/104461-recommendations-in-austin-texas

@Kyle Baer Welcome to Austin!!!

@Account Closed What I meant is you might get a rookie who wants the experience writing the report or does it to appease the citizen.

But if they're educated they would simply say it was a civil matter and no report would be written. Occasionally, smaller departments will write a report on something like this because they focus a lot on customer service and don't have a busy call load. In bigger cities like Dallas, Houston, Austin, San Antonio, they would not spend time writing a report because there's no crime and no time to do it.

Phil,

I agree with everyone who has said if it's not in writing then you're kind of SOL.

However, there is nothing wrong with taking an Application/Security Deposit at the same time you receive the application but you need to get it in writing and you need to make it clear that if they're approved and then decide to back out, you will retain the deposit. It happens often here in Texas and the form we/I use is partially shown below:

I'm not sure about Ohio, but in Texas this would not be considered theft. You MIGHT get a rookie to write a theft info report on it but they would more than likely tell you it is a civil matter and wash their hands of it.

I would agree with @Michael Seeker then.

Wood is cheap to install, easy to work with, and if you seal it then you should be good. There are other alternatives but they end up costing you much more.

Where in Texas and what kind of fence/property is it?

Welcome Jason!

Although....... hook'em!