I need to vent a little

carolina-rig-01 · 04-30-11, 09:59 PM

Guys I honestly can't remember the last time I have been this mad. Britney and I have been house shopping for around 6 months now and were having a tough time finding what we want. Before this goes any further I should say that building is not something that we want to deal with right now but what we are looking for honestly shouldn't be this hard to find. We have looked at several houses that we love but the big problem is that I will be building a shop for the boat and most places we have looked at don't have the possibility for a shop that big (it will be no smaller than 30X30 with at least 2 10X10 overhead doors). Anyways we finally found one that was perfect. It's a four bedroom 2 bath and we were actually willing to settle for a 3 bedroom 2 bath. It's on 2 acres which is perfect because it's plenty of room to build the shop but it's not so much land that it would be a pain to take care of. Also it's in the school district that we want, and this is the hardest part to get to line up with us because 90% of this school district is in town and we are wanting to live in the country. Not to mention all the other things that this house has that we want like a jetted tub and a huge walk in closet that is in the bathroom rather than in the bedroom, the master bathroom has two sinks which is also big for us. The master bedroom is huge, it's actually bigger than the living room. Anyways it was at the absolute top of what we were wanting to spend but with some bickering back and forth we struck a deal that both us and the seller can live with..............or so we thought. We reached the agreement yesterday and our agent offered to have us draw up and sign the contract then and have it faxed to him but he said "we already have reached an agreement and my wife is out of town so let's just sign the contract in the morning". So this morning we go and draw up the contract and sign in and our agent faxes it to the seller (who is also the listing agent). He has another agent call her and says that we need to bring our best and final offer because he has another offer coming in

. Now I realize that he hasn't signed the contract yet and a verbal agreement isn't legal binding but this has me beyond pissed! That is nothing short of crooked and I don't appreciate him playing these games at all. There is some doubt about whether there really is another offer coming in or if he is just trying to squeeze a few more thousand dollars out of us, but it doesn't matter because we are not going up another penny. Our agent has tried to call him every 20 minutes since 3:30 this afternoon and he won't even answer her calls, what a coward! What if we really did make a better offer and he won't answer the phone. Anyways I know that going up in our price is an option but although we could do it, we refuse to on principal alone..........he already accepted our offer so why should we? The biggest problem is that of the 30 some houses we have looked at this is one of 2 that would work for us, except the other one ended up being in a flood zone and that turned into a very heated argument with the sellers because they couldn't understand why we would back out of that house just because the creek might flood my shop one day lol. There just aren't many houses that line up with our needs and then to get jacked around like this when we finally find the home that we love is more than my temper can handle. Does anyone have any experience with real estate and maybe have any ideas on what we can do, ideally I would love to threaten to run this guys name into the ground and scare him into honoring his agreement out of fear that his job will suffer in the end. But I am not sure what I could do to bring a real estate agent to his knees if he calls my bluff. Any legal ideas? Britney and I are just sick over this deal. I realize a verbal agreement won't hold up in court but at the same time he should be held accountable somehow.

bamabassman · 04-30-11, 11:08 PM

kory.......stand oyur gorund man. after going through tis 7 times since lisa and i have been married. i can tell you this buddy......it happens. the way the houseing market is today. stand your ground. if he doesn't return oyur calls, forget aobut the house. if he calls oyu back and aks if oyu want to raise your offer, tell him the BAD point sof the house. think and LIST everything that is WRONG with it. if oyu look hard enough, oyu will find them. tell him how much it is gonn acost to repaint, retrim and so forth pal. then say oyu were offering more than you really wanted to anyway. this is a POKER game. BLUFF him and see what he does. i am willing to bet that unless he DOES have a ligimate offer...he'll fold for you. if he DOES have a ligitimate offer, sorry pal. this sis the real estate game kory. unless oyu build, this is how the game is played. sorry man.

Bubba_Bruiser · 04-30-11, 11:13 PM

You could always start with a body slam, lift him by the hair and elbow to the forehead, sock in the stomach and finish it off with the mother of all power bombs. Just my .02 you know. Don't worry about it man, there is a reason for everything, and you are being held off for some reason. Just take it with a grain of salt and keep on keeping on. Something will fall in you lap and everything will feel right about it.

carolina-rig-01 · 04-30-11, 11:27 PM

Quote:

Originally Posted by Bubba_Bruiser

You could always start with a body slam, lift him by the hair and elbow to the forehead, sock in the stomach and finish it off with the mother of all power bombs. Just my .02 you know. Don't worry about it man, there is a reason for everything, and you are being held off for some reason. Just take it with a grain of salt and keep on keeping on. Something will fall in you lap and everything will feel right about it.

If we end up losing the house because of this coward not keeping his word I am seriously considering renting out a big billboard infront of his office and expressing my opinion about him. And the body slam will probably be replaced with a right cross to the jaw and a phone call to Britney for bail money. It's been a long time since I have been this mad but if he screws us out of this deal then he will have a face to face conversation with me about it whether he wants to or not. Where I come from a guys word is as good as a contract............guess he doesn't come from the same place though.

CamG · 05-01-11, 09:37 AM

Unfortunately Kory, right or wrong, this is how the "game" is played. I've been through the same thing on several occasions. I understand the frustration and being fighting mad - it sucks. Definitely not worth going to jail over though.

keithdog · 05-01-11, 10:24 AM

I hear ya Kory. And like the guys said, it just a game they play which is very aggrivating and just plain wrong. They did that when we bought our house too. Even car salesman will tell you there is another buyer wanting this car and if you don't sign the dotted line now they will buy it out from under you. I'd like to give them all a boot where the sun won't shine. Like John said, stand your ground. Tell the guy thats your final offer and then let him squirm. If it don't work out then the Lord has a better place in mind for you. I hope for your sake it works out since it does sound like a great place. Maybe start a blog????

lilmule · 05-01-11, 10:48 AM

While you may not have a signed contract ,if they accepted your offer,under real estate laws you have a valid claim and at the very least could cost that agent his or her lic.
It is not an acceptable practice to use a later bid against an accepted offer in order to get a higher one.
If he has sold it out from under you file a claim or complaint with the real estate board,wont get it for you but will get him in hot water.
Have your agent fax the signed form to them,with statement that it had been accepted.Any other party after the fact is considered a backup buyer,only to take effect if you or yours falls through.
Then keep asking when it will be finalised what is the closing date?

nofearengineer · 05-01-11, 11:33 AM

Kory,

if it were me, I would indeed make him another offer.

$1,000 less than your previous offer.

Tell him you found another house you are interested in, and if he wants to keep playing this game he should hope his house will fit up his azz.

That's just how I roll...your point of view might be different.

bamabassman · 05-01-11, 12:58 PM

i have to agree with mule on this. if oyu have a verbal agreement and oyur agent HEARD this and can confirm it in court. oyu have a valid claim. tal to a real estate lawyer.

and no it not worth going to jail over kory. i know it will make YOU feel better, but it ain't worth it buddy.

carolina-rig-01 · 05-01-11, 09:41 PM

Well we just found out that he accepted the other offer that came in after he accepted ours. There wasn't much we could do so I called him personally and gave him the biggest arse chewing he has ever received. Then I got off the phone and was still mad so I called him back and chewed his arse again. I just got done filing a complaint with the Better Business Bureau. I know that there is very little chance of them getting anything done but I am hoping that he will at least catch heat from the owner of the realtor company for getting them drug into this mess. I wish I knew of other options but I guess until I come up with something else, this is atleast a start.

bamabassman · 05-01-11, 10:17 PM

contact a lawyer kory. IF oyur agent HEARD him acept your offer first..he can lose his liscense. it will take a court to do it though, may be trhowing money after nothing, but you can check it out buddy.

carolina-rig-01 · 05-01-11, 11:41 PM

Quote:

Originally Posted by bamabassman

contact a lawyer kory. IF oyur agent HEARD him acept your offer first..he can lose his liscense. it will take a court to do it though, may be trhowing money after nothing, but you can check it out buddy.

I already have a real estate lawyer that is supposed to be getting back with me. I know that a verbal agreement most likely won't hold up in court but I am hoping that this little stunt goes against the code of ethics for a realtor. Our agent is also contacting the board of realtors tomorrow to see if anything can be done.

Vegasspider · 05-02-11, 01:53 PM

Take it from me as an atty. If he told you to fax your best offer and you did and he did not like it - he has no obligation to do anything. If he sold it before you got your written offer in, again he had no obligation to you. If he gave his word that he would take your verbal offer which I am not sure how that happen cuz the agent is supposed to fax all offers. There is language in some real estate statute somewhere whereas verbal offers are not binding. I did not read all of the post so if I missed something; sorry about that and this is not legal advice.

If he did indicate that he would accept the offer and then later does not, your right that’s very frustrating but not illegal. Sorry just sounds like he gave the green light and then something happened. Either he changed his mind or sold it. O one more thing, even if he accepted your offer in writing – there is a contingent that he could still back out within a certain amount of time. I am guessing he sold it.

Sorry.

carolina-rig-01 · 05-02-11, 02:22 PM

Quote:

Originally Posted by Vegasspider

Take it from me as an atty. If he told you to fax your best offer and you did and he did not like it - he has no obligation to do anything. If he sold it before you got your written offer in, again he had no obligation to you. If he gave his word that he would take your verbal offer which I am not sure how that happen cuz the agent is supposed to fax all offers. There is language in some real estate statute somewhere whereas verbal offers are not binding. I did not read all of the post so if I missed something; sorry about that and this is not legal advice.

If he did indicate that he would accept the offer and then later does not, your right that’s very frustrating but not illegal. Sorry just sounds like he gave the green light and then something happened. Either he changed his mind or sold it. O one more thing, even if he accepted your offer in writing – there is a contingent that he could still back out within a certain amount of time. I am guessing he sold it.

Sorry.

Yeah I know that there is probably nothing illegal about what he did and so there is most likely nothing I can do to make him honor his word. But I am just trying to make life as hard on him as I can right now by running his name in the ground and put heat on him through the BBB so that he at least knows I am not forgetting what he did. He verbally accepted our offer and then a day later he kept stalling us because he thought there was another offer coming in. Then 2 days later he told us that he accepted the other offer. The problem I have is we were counter offering back and forth and then he said I will go as low as X amount of money to which we said ok. Why would you through a dollar amount out there and say that will buy the house if you were taking other offers? To me once we reached an agreement on the house, the house was sold!

jasonfish320 · 05-02-11, 03:06 PM

Kory, I can help you out..a little. One thing you have to realize is that it's probably not the agent..as much as you want it to be. It's probably the seller telling his agent what to do. A good agent is guided by the decisions of the seller. It's a raw deal and the seller should have never verbal committed, however your agent should have insisted on getting it signed ASAP and cut down your offer timeframe so they would have to commit to your deal. An agent also has the authority to present the offer directly to the seller and in your case your agent should have done this as "time was of the essence". I know this because this is what I do, I run a major real estate company with a solid reputation. It's hard not to take it personally right now, but trust me you need to remove the emotion and insist on a back up offer. There is a long way to go to get to a closing table and a lot of issues (title, inspection, radon, insects, etc..) that can come up. If it crashes along the way your offer will take the lead. It's not uncommon for people to get VERY emotional, especially on multiple offers, which is rare in this economy. If you really feel that the agent did something illegal contact the "real estate commission", every state has one and they are free, paid for with taxpayer dollars to protect the consumer. Trust me they are FEARED by agents and companies alike. But before you do that just take a breath and put yourself in the sellers shoes, he may have received a better offer or may be in dire need to sell and perhaps received a cash offer with no contingencies and a fast closing...sometimes the highest price is not always the best offer...if you want any more advice feel free to PM me or you can call my office at 866-942-8100 and ask for Jason Fish... laws do differ from state to state but I've worked in several and understand real estate and real estate law...good luck buddy

carolina-rig-01 · 05-02-11, 05:33 PM

Quote:

Originally Posted by jasonfish320

Kory, I can help you out..a little. One thing you have to realize is that it's probably not the agent..as much as you want it to be. It's probably the seller telling his agent what to do. A good agent is guided by the decisions of the seller. It's a raw deal and the seller should have never verbal committed, however your agent should have insisted on getting it signed ASAP and cut down your offer timeframe so they would have to commit to your deal. An agent also has the authority to present the offer directly to the seller and in your case your agent should have done this as "time was of the essence". I know this because this is what I do, I run a major real estate company with a solid reputation. It's hard not to take it personally right now, but trust me you need to remove the emotion and insist on a back up offer. There is a long way to go to get to a closing table and a lot of issues (title, inspection, radon, insects, etc..) that can come up. If it crashes along the way your offer will take the lead. It's not uncommon for people to get VERY emotional, especially on multiple offers, which is rare in this economy. If you really feel that the agent did something illegal contact the "real estate commission", every state has one and they are free, paid for with taxpayer dollars to protect the consumer. Trust me they are FEARED by agents and companies alike. But before you do that just take a breath and put yourself in the sellers shoes, he may have received a better offer or may be in dire need to sell and perhaps received a cash offer with no contingencies and a fast closing...sometimes the highest price is not always the best offer...if you want any more advice feel free to PM me or you can call my office at 866-942-8100 and ask for Jason Fish... laws do differ from state to state but I've worked in several and understand real estate and real estate law...good luck buddy

Jason I sent you a pm.

04-30-11, 09:59 PM	#1
carolina-rig-01 BassFishin.Com Premier Elite Join Date: Feb 2006 Location: Webb City, MO Posts: 6,387	I need to vent a little Guys I honestly can't remember the last time I have been this mad. Britney and I have been house shopping for around 6 months now and were having a tough time finding what we want. Before this goes any further I should say that building is not something that we want to deal with right now but what we are looking for honestly shouldn't be this hard to find. We have looked at several houses that we love but the big problem is that I will be building a shop for the boat and most places we have looked at don't have the possibility for a shop that big (it will be no smaller than 30X30 with at least 2 10X10 overhead doors). Anyways we finally found one that was perfect. It's a four bedroom 2 bath and we were actually willing to settle for a 3 bedroom 2 bath. It's on 2 acres which is perfect because it's plenty of room to build the shop but it's not so much land that it would be a pain to take care of. Also it's in the school district that we want, and this is the hardest part to get to line up with us because 90% of this school district is in town and we are wanting to live in the country. Not to mention all the other things that this house has that we want like a jetted tub and a huge walk in closet that is in the bathroom rather than in the bedroom, the master bathroom has two sinks which is also big for us. The master bedroom is huge, it's actually bigger than the living room. Anyways it was at the absolute top of what we were wanting to spend but with some bickering back and forth we struck a deal that both us and the seller can live with..............or so we thought. We reached the agreement yesterday and our agent offered to have us draw up and sign the contract then and have it faxed to him but he said "we already have reached an agreement and my wife is out of town so let's just sign the contract in the morning". So this morning we go and draw up the contract and sign in and our agent faxes it to the seller (who is also the listing agent). He has another agent call her and says that we need to bring our best and final offer because he has another offer coming in . Now I realize that he hasn't signed the contract yet and a verbal agreement isn't legal binding but this has me beyond pissed! That is nothing short of crooked and I don't appreciate him playing these games at all. There is some doubt about whether there really is another offer coming in or if he is just trying to squeeze a few more thousand dollars out of us, but it doesn't matter because we are not going up another penny. Our agent has tried to call him every 20 minutes since 3:30 this afternoon and he won't even answer her calls, what a coward! What if we really did make a better offer and he won't answer the phone. Anyways I know that going up in our price is an option but although we could do it, we refuse to on principal alone..........he already accepted our offer so why should we? The biggest problem is that of the 30 some houses we have looked at this is one of 2 that would work for us, except the other one ended up being in a flood zone and that turned into a very heated argument with the sellers because they couldn't understand why we would back out of that house just because the creek might flood my shop one day lol. There just aren't many houses that line up with our needs and then to get jacked around like this when we finally find the home that we love is more than my temper can handle. Does anyone have any experience with real estate and maybe have any ideas on what we can do, ideally I would love to threaten to run this guys name into the ground and scare him into honoring his agreement out of fear that his job will suffer in the end. But I am not sure what I could do to bring a real estate agent to his knees if he calls my bluff. Any legal ideas? Britney and I are just sick over this deal. I realize a verbal agreement won't hold up in court but at the same time he should be held accountable somehow.

04-30-11, 11:08 PM	#2
bamabassman BassFishin.Com Premier Elite Join Date: Jan 2008 Location: cedar bluff, alabama Posts: 15,292	kory.......stand oyur gorund man. after going through tis 7 times since lisa and i have been married. i can tell you this buddy......it happens. the way the houseing market is today. stand your ground. if he doesn't return oyur calls, forget aobut the house. if he calls oyu back and aks if oyu want to raise your offer, tell him the BAD point sof the house. think and LIST everything that is WRONG with it. if oyu look hard enough, oyu will find them. tell him how much it is gonn acost to repaint, retrim and so forth pal. then say oyu were offering more than you really wanted to anyway. this is a POKER game. BLUFF him and see what he does. i am willing to bet that unless he DOES have a ligimate offer...he'll fold for you. if he DOES have a ligitimate offer, sorry pal. this sis the real estate game kory. unless oyu build, this is how the game is played. sorry man. __________________ so many lures, so little time.

04-30-11, 11:13 PM	#3
Bubba_Bruiser BassFishin.Com Super Veteran Join Date: Feb 2009 Location: South MS Posts: 3,659	You could always start with a body slam, lift him by the hair and elbow to the forehead, sock in the stomach and finish it off with the mother of all power bombs. Just my .02 you know. Don't worry about it man, there is a reason for everything, and you are being held off for some reason. Just take it with a grain of salt and keep on keeping on. Something will fall in you lap and everything will feel right about it. __________________ \,,,,/ ROCK ON! HRN4L!

05-01-11, 10:24 AM	#6
keithdog BassFishin.Com Premier Elite Join Date: Jul 2006 Location: IN Posts: 8,308	I hear ya Kory. And like the guys said, it just a game they play which is very aggrivating and just plain wrong. They did that when we bought our house too. Even car salesman will tell you there is another buyer wanting this car and if you don't sign the dotted line now they will buy it out from under you. I'd like to give them all a boot where the sun won't shine. Like John said, stand your ground. Tell the guy thats your final offer and then let him squirm. If it don't work out then the Lord has a better place in mind for you. I hope for your sake it works out since it does sound like a great place. Maybe start a blog???? __________________ Just one more cast, and then some!

05-01-11, 10:48 AM	#7
lilmule BassFishin.Com Super Veteran Join Date: Feb 2010 Location: Buchanan,Tn Posts: 2,685	While you may not have a signed contract ,if they accepted your offer,under real estate laws you have a valid claim and at the very least could cost that agent his or her lic. It is not an acceptable practice to use a later bid against an accepted offer in order to get a higher one. If he has sold it out from under you file a claim or complaint with the real estate board,wont get it for you but will get him in hot water. Have your agent fax the signed form to them,with statement that it had been accepted.Any other party after the fact is considered a backup buyer,only to take effect if you or yours falls through. Then keep asking when it will be finalised what is the closing date? Last edited by lilmule; 05-01-11 at 11:02 AM.

05-01-11, 09:37 AM	#5
CamG BassFishin.Com Veteran Member Join Date: Jan 2010 Location: Superior, NE Posts: 974	Unfortunately Kory, right or wrong, this is how the "game" is played. I've been through the same thing on several occasions. I understand the frustration and being fighting mad - it sucks. Definitely not worth going to jail over though.

05-01-11, 11:33 AM	#8
nofearengineer BassFishin.Com Premier Elite Join Date: Mar 2009 Location: Southwest IN Posts: 5,630	Kory, if it were me, I would indeed make him another offer. $1,000 less than your previous offer. Tell him you found another house you are interested in, and if he wants to keep playing this game he should hope his house will fit up his azz. That's just how I roll...your point of view might be different. __________________ Many men go fishing all of their lives without knowing it is not fish they are after.

05-01-11, 12:58 PM	#9
bamabassman BassFishin.Com Premier Elite Join Date: Jan 2008 Location: cedar bluff, alabama Posts: 15,292	i have to agree with mule on this. if oyu have a verbal agreement and oyur agent HEARD this and can confirm it in court. oyu have a valid claim. tal to a real estate lawyer. and no it not worth going to jail over kory. i know it will make YOU feel better, but it ain't worth it buddy. __________________ so many lures, so little time.

05-01-11, 09:41 PM	#10
carolina-rig-01 BassFishin.Com Premier Elite Join Date: Feb 2006 Location: Webb City, MO Posts: 6,387	Well we just found out that he accepted the other offer that came in after he accepted ours. There wasn't much we could do so I called him personally and gave him the biggest arse chewing he has ever received. Then I got off the phone and was still mad so I called him back and chewed his arse again. I just got done filing a complaint with the Better Business Bureau. I know that there is very little chance of them getting anything done but I am hoping that he will at least catch heat from the owner of the realtor company for getting them drug into this mess. I wish I knew of other options but I guess until I come up with something else, this is atleast a start.

05-01-11, 10:17 PM	#11
bamabassman BassFishin.Com Premier Elite Join Date: Jan 2008 Location: cedar bluff, alabama Posts: 15,292	contact a lawyer kory. IF oyur agent HEARD him acept your offer first..he can lose his liscense. it will take a court to do it though, may be trhowing money after nothing, but you can check it out buddy. __________________ so many lures, so little time.

05-02-11, 01:53 PM	#13
Vegasspider BassFishin.Com Veteran Member Join Date: Apr 2009 Posts: 570	Take it from me as an atty. If he told you to fax your best offer and you did and he did not like it - he has no obligation to do anything. If he sold it before you got your written offer in, again he had no obligation to you. If he gave his word that he would take your verbal offer which I am not sure how that happen cuz the agent is supposed to fax all offers. There is language in some real estate statute somewhere whereas verbal offers are not binding. I did not read all of the post so if I missed something; sorry about that and this is not legal advice. If he did indicate that he would accept the offer and then later does not, your right that’s very frustrating but not illegal. Sorry just sounds like he gave the green light and then something happened. Either he changed his mind or sold it. O one more thing, even if he accepted your offer in writing – there is a contingent that he could still back out within a certain amount of time. I am guessing he sold it. Sorry.

05-02-11, 03:06 PM	#15
jasonfish320 BassFishin.Com Veteran Member Join Date: Apr 2007 Location: MAINEIAC Posts: 585	Kory, I can help you out..a little. One thing you have to realize is that it's probably not the agent..as much as you want it to be. It's probably the seller telling his agent what to do. A good agent is guided by the decisions of the seller. It's a raw deal and the seller should have never verbal committed, however your agent should have insisted on getting it signed ASAP and cut down your offer timeframe so they would have to commit to your deal. An agent also has the authority to present the offer directly to the seller and in your case your agent should have done this as "time was of the essence". I know this because this is what I do, I run a major real estate company with a solid reputation. It's hard not to take it personally right now, but trust me you need to remove the emotion and insist on a back up offer. There is a long way to go to get to a closing table and a lot of issues (title, inspection, radon, insects, etc..) that can come up. If it crashes along the way your offer will take the lead. It's not uncommon for people to get VERY emotional, especially on multiple offers, which is rare in this economy. If you really feel that the agent did something illegal contact the "real estate commission", every state has one and they are free, paid for with taxpayer dollars to protect the consumer. Trust me they are FEARED by agents and companies alike. But before you do that just take a breath and put yourself in the sellers shoes, he may have received a better offer or may be in dire need to sell and perhaps received a cash offer with no contingencies and a fast closing...sometimes the highest price is not always the best offer...if you want any more advice feel free to PM me or you can call my office at 866-942-8100 and ask for Jason Fish... laws do differ from state to state but I've worked in several and understand real estate and real estate law...good luck buddy __________________ "If at first you don't succeed; have another beer"

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