All Forum Posts by: Vanessa Deluca

TX.. I was just curious...Love to learn things I don't realize.

Hi...I was just wondering why a buyer would have "contract may be assigned" clause  yet  also state that they are still responsible legally/liable for the closing?  I am just curious of the different reasons for this....

..I overheard someone talking about it but could not hear the details.

Thanks!

Thanks....I don't have a problem with the inspection (he is also a realtor..not mine..but another one).  

Re:  Septic...I am at the point where the buyer found a company which I have heard does not have the best practices overall.  They did exactly what I said...'tested the septic without even flushing/proper check' and 3 lines down $5000 bill.  I'm not upset about the price--perhaps there is something going on...Perhaps not...but to me they didn't do a proper inspection to start with...so how can they be trusted.  

I have a company which I know of and my honest plumber of 22 years recommends bc he deals with them (honest). Their price is 3 times more for the inspection but they are the company I would use if the house was going to remain mine...I want to suggest them to the potential buyer, but I wonder if they would question why I want a different one..esp if the honest one comes back with not so much wrong/pass.   

Florida definitely attracts this kind of corruption....

Hi...I have a couple questions. 

1.  I am just about to list another property I have. I have a friend who is a realtor who has a buyer..however, he has told me that the person may want an inspection prior to writing their offer for me.  They are serious buyer.  I have never done any deals this way....I have always had a contract and then inspection...I  can see how it can go positive or not for me (if they found something...I am not aware of anything wrong..in fact it seems great shape)..Any thoughts on this??

2.  I need to get a septic inspection (different location).  I find many of these inspectors are either in the business or selling or replacing or doing work on septic tanks/fields.  I do find that a conflict of interest...Hyptothetically,  one part of the invoice could list a charge for the inspection....a couple lines down there is a "failed inspection ' suggestion of replacing XYZ for $5000.   How does one go about getting this inspected without this potential conflict of interest?? I had something similar happen years ago with a 'reliable' AC company that was full of it.... I

Thanks in advance..

Mike I was rushing, and reading yesterday..But wanted to clarify your below response..Yes...Everything I had been mentioning here is definitely not by me determining it. (except my radar going up on a few things I didn't like).... I was repeating what the buyer  had told me.  Even her clarifying and calling him afterwards to make sure she didn't owe him anything at all for the drawing of the contract or the time....  (which at that time he said no). It was me who mentioned to her that she needs to be aware he can say that conversation never existed; and to find out what docs, if any,  besides the sales contract she signed.  I agree with all you wrote...however I felt it my responsibility to make her aware of things she wasn't realizing. (i.e. to 'make sure')

"Sure, if she never hired him and she didn't sign anything else and they have not come to any agreements or said anything in the room that you are not aware of then yes. Their relationship is going to be defined by their actions to each other, not by you though. You are not a party to their relationship."

Maybe Russell..I don't know. But I have 2 good friends that are RE and RE/TAX attorneys and actually a 3rd Businesss attorney. My best friend sister is Broker herself in another state, and I know plenty of realtors. I had to 'check myself' when I was irritated at the 3% (In this case...I understand it would have been at least that if he brought me the buyer)...They all said it was excessive.   This being in NY, FL , NJ and PA

He offered to take them to other properties (before the contract when they walked i the door)...They want ours. 

I would not discount all FSBO. Though my case is different 'this time', I would not have a issued dealing with a realtor if they brought me a buyer....In fact I would welcome it and would set the selling price adequately to do so.

Anyway, you and Mike appear to be much more professional than this guy. I have a feeling neither one of you would have written it up that way based on the facts I told you (and I am not exaggerating anything). 

Mike...Thanks for response. Funny, you mentioned the part about not seeing the house!! I thought that to be weird from day one!  You sound a million times more professional already. He did call us, that 'he had' a buyer, which we already had.  I didn't post the whole story...but there was only one reason I didn't do a contract with them then and there.  Silly sounding...but IT was Easter weekend and I had a family event.  I am not in a rush actually...These people were leaving town the next day.  I knew I would get an offer quickly, from anyone who was serious buyer....but I wasn't ready to assign an attorney to do the transaction on the Sat before Easter.  (I was still shopping who I thought was best qualified attorney) but was sincere when I told the buyers not to stress we can talk after the weekend. I would not have offered commision on this at this point to THIS buyer. He  (Agent) called me AFTER he assigned himself 3%.  And furthermore, told me the sellers had agreed to pay it, yet the last page is a contract between him and me for the 3%, and it is taken from my net...so I am paying it. That was lie #1.  Lie #2 was him emailing me this long thing how the buyer really wants a realtor,etc which I knew wasn't  the case. 

They were leaving town the next morning and were just so overly excited for us to know she was serious. She had no idea what she signed. In fact she never got a copy.  What I didn't like was that she is a cash buyer...and didn't ask for anything extra and asked if we minded that she has an inspection.  To me this would be assumed.    He wrote "as is" no inspection..which is not what she wanted. .So  from the get go and subsequent contacts, she is pretty annoyed with him.  

I get the devil's advocate stance..Maybe I am the bad guy..lol. I know I am not...If I was I could have handed her a new contract (from my lawyer) and not cared what if anything happened to her after.  Maybe nothing maybe something.  She is very unassuming. I have owned my own business and lived out of the the US.. I've got some street smarts.  I was more worried about an 80 year old having to deal with this 6 months from now should there be an issues. I probably have proven myself thus far and have proven to be honest. I believe in Karma so I do treat people how they deserve to be treated....I actually found 2 lawyers..either I would have used....And let her sort this all out first.  

Also...I don't mean to trounce on realtors.. like all professionals some are great and other not so much. You guys sound fine.  In fact, had I not found a buyer this summer, I was planning to turn it over to a friend who is a realtor...And I have had a relationship with for 25 years.  This house was our personal sweat and tears.  IT is appropriately priced. Had it been listed it would be 6% more.   

I guess what sums it up is that I was shocked at that 3 percent...becuase EVERYONE I know...from RE attorneys in other states, to brokers in and out of FL...not one said 3%. All stated 'ridiculously excessive' when I told them the whole story. 

Well, 3% is not the going market rate.  We all know that.  I have heard anywhere from half a percent to 1.5 percent.  

Now, what happens when the seller was not agreeing to deal with you as n this case...What happens to your relationship with the buyer? 

I agree that all of the services you listed above are not free (consult, flipping, etc).  

Russell..No nothing is free..  Definitely not.  Had he charged them a flat fee or even a smaller percentage...I would not have issue with that.

Do you think it was right to charge 3% to prepare that contract (20,000 for him)??

It was the simplest of contracts. It was 20 minutes in the office.  And..he was charging ME.. (yes it works that way normally if a realtor has a buyer for me--this was not the case)

So when someone walks into your office, a homebuyer, and sits with you to gather information..do you charge them $350? I am just curious.  If they ask you to write a contract and it is not accepted, do you charge them as well? I am not being facetious I am just curious

Also..ETA---- She did call him after I forwarded an email to her of him claiming "I have a buyer who really wants to work with a realtor"  She was quite upset at this lie.... In that same call...she  also asked him if she owed him anything for his time at all. She was told no.  This is when I told her to make sure it all works out because he will say that conversation never occurred...And so it has come to pass

Thanks...Actually there is no confusion at all.   She never 'hired him' but he wrote this contract. Never met him  before that day. If you want to be technical that they hired him to write 'that contract'...sure I can agree with you. But THAT contract was rejected by me.  It should end there...agreed (assuming nothing else is signed)??  He did't bring me this buyer...HAd he done that....I wouldn't be on this board asking anything. I had no issue with using a realtor had I needed to use one (i.e. if an agent brought a buyer..but I wasn't at that stage yet as I knew the house will sell on it's own merit).  They didn't hire him for any term....But based on his behavior, I could smell him a mile away so it was ME the seller that didn't want this older person to have to deal with a mosquito trying something in 6 months after the sale.  (Red Flag--received copies of nothing from him).  

So back to one of my original question- nowadays... A customer can be charged X for walking into a RE firm and writing a contract whether or not it is accepted?  I am just curious.  People would never want to write a contract then.  This, is in essence, what he did. 

As mentioned, I (and they hopefully ) would understand there is a fee for writing a contract.  They asked  him how they would go about writing the contract...he offered and they accepted.  Last page tagged on 3% for him FROM ME. (he tried to tell me they agreed to pay the commission...no...bc the numbers come from my sale)...

Normally..would not have issue with realtor involvement but this was a true FSBO..Once I told him that was ridiculous what he did (and rejected what he had done)....that was it. They didn't sign any buyer agent, etc with him..He was solely listed as a transaction broker...and sorry but 3% for what he did was not warranted. I bet most would agree (except a fellow sheister). He saw cash sale walking through the door and was out for a money grab. Agreed....a 'fee' but not 20k.

I guess a better way to word the question would have been---I am shocked that there are no ethical violations for this type of behavior. Minimally...when this is said and done, If I can't report him  to the DBPR, then there must be something for taking advantage of the elderly. 

It's en route to being resolved. It just is disturbing what kind of creeps in this world there are.