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I am being sued to buy a house.

Discussion in 'The Okie Corral' started by Reignman, Mar 24, 2010.

  1. Reignman

    Reignman

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    Yes.... after a long story of a home which failed the inspection, my buyers agent is now suing me for her commission from the home. I know money is tight in this day and age but wow...Here I am, just turned 24 and trying to better my situation and this money hungry moron is trying to take literally everything I have for her own benefit.

    Immediately following not buying the home, she was overzealous about literally asking me "Are you going to buy a house or not". Finally, I got tired of her harassment and said in a text "I do not feel it is in the best interest of me and my girlfriend to buy a home as we're not seeing eye to eye".

    Anyone here an agent/attorney and know some ins and outs? According to her ( I am having it faxed to me) there is a clause in her "representation" document stating she is to be compensated for the buyer. In the event I do not purchase she is still commissioned...:faint:
     
    Last edited: Mar 24, 2010
  2. sawgrass

    sawgrass

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    It should be spelled out in the purchase agreement. Hopefully, it was clearly written as contingent on the inspection.
     

  3. DriBak

    DriBak GUNS UP Millennium Member

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    She sounds like a real CANOE
     
  4. .264 magnum

    .264 magnum CLM

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    1. Get the document
    2. If it has any of he claimed verbiage in it call your state attorney general's office and ask for guidance.
    3. Find out if she is a licensed realtor
    4. If so call http://www.realtor.org/
    5. There is a good chance you will need to lawyer up
    6. Disregard the GTers who say you signed the doc you must abide by it..........the doc may be any of illegal, legally unenforceable or other things rendering it moot, assuming it exists at all. But a judge would have to decide that.
     
    Last edited: Mar 24, 2010
  5. hamster

    hamster NRA Life Member

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    ^This
     
  6. Big Bird

    Big Bird NRA Life Member

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    Not a chance in hell... You can back out of a signed contract to buy a house up until the day you close....

    I would counter sue her for professional malpractice. A realtor that represents a buyer and recommends they buy a houose that can't pass inspection clearly would do harm to her client! Tell her your attorney needs to know who her errors and ommissions coverage is with and you will get her attention.
     
    Last edited: Mar 24, 2010
  7. Stubudd

    Stubudd

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    I thought guaranteed commission only worked with a seller's agent. If you sign an exclusive listing, and they bring a buyer who meets all the qualifications and your price and you still don't sell, then you owe them the commission. I don't think a buyer's agent is ever in the same situation- how can they prove they found exactly what you wanted? That doesn't make sense. I think she's full of it, and frustrated about the time she wasted. I'm not sure though.
     
  8. .264 magnum

    .264 magnum CLM

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    I like that angle very much.
     
  9. bwphoto

    bwphoto Lifetime Member

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    I'm not a licensed realtor, but I do marketing in an office full of them every day.

    Generally, you're on the hook for any earnest money and any inspections YOU paid to have completed. The seller is responsible for paying her commission when she brings a "ready, willing and able" buyer. This is more to protect the agent from a crazy seller who reneges after the agent fulfills the agent's end of the deal.

    In this case, you might be after a short sale or foreclosure and the seller/bank doesn't have any money to give the agent- you're also not a ready, willing and able buyer. She could be a crook or she could be stupid, but odds are good that you don't owe her a dime. Especially if it didn't pass inspection. There is typically a set number of days that a buyer has to cancel after an inspection. I think in AZ it is 5 (don't quote me on that!!!).
     
    Last edited: Mar 24, 2010
  10. Reignman

    Reignman

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    Thank you so much for the help guys... I am retrieving the documents today and will post tonight. I really appreciate it... My birthday was March 16th and man, this year is off to a bad, bad start....

    Money is the root of all evil.
     
  11. Andy123

    Andy123

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    First, follow everything .264 says, 1-4. Then just wait. A lot of people claim they will sue. About 1 in a 100 actually do. If she does sue, she may sue in small claims court. If you are in small claims court, you will not have to have an attorney.

    Her problem is she has a case that may be worth $8,000 - $10,000. Most attorneys, even the cheapest of the desparate, would not take this case on contingency. That leaves her paying a couple of grand up front, on the hopes of winning.

    If she does lawyer up and sue, came back and tell me. I'm starting to like the taste of crow. :)
     
  12. saluki9

    saluki9

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    This will shut her up quickly, trust me
     
  13. IndyGunFreak

    IndyGunFreak

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    Not at all.... A lot of houses don't pass inspections when you buy them. Maybe he's looking for a "fixxer upper"... We're only hearing one side of the story. Malpractice only comes in if she deliberately(or through being a total idiot) misleads him, not if she pressures him.

    One thing is for certain, if she actually sues you, she's done it before and won.
     
    Last edited: Mar 24, 2010
  14. 220-9er

    220-9er

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    Did you not get a copy of your contract with her when you signed it? I'm not a lawyer but I think I remember that you needed to receive a copy when you signed it for it to be legal. As stated earlier, call an attorney for advice and don't say anything else to someone that is threatening you with legal action unless your attorney tells you so.
    That said, you need to read things and understand what you are reading before you sign them. A failed inspection should get you out of a home purchase if she did her job when she wrote the buyers agreement. Not getting along with your girlfriend after signing a contract may not get you out unless that was stated as a contingency in your contract (not likely).
     
  15. Blaster

    Blaster Hunc tu caveto

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    Perhaps you can look at it this way.

    She wants a commission for her services helping you purchase a house. If there is a contract with her for her services it would not specify a "specific house". You were interested in a house but it failed the inspection therefore you are no longer interested in that particular house.

    Who says there is a time limit for purchasing a house. Become very picky look for as long as it takes. Eventually she will get tired of dealing with you and go away on her own. Just don't tell her you are no longer looking for a house. In your case say you have reconsidered and will continue looking. Hell some people spend their entire life looking for something and never find it!
     
  16. redbaronace

    redbaronace

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    PM me with your phone number. Im a licensed agent in the state of Washington. While laws regarding agency and real estate are different from state to state, they are generally similar.

    If we talk on the phone, I can explain how things work in our state with regards to buyers who back out and what each parties rights are in each instance. Hopefully that will give you some piece of mind.

    Red.

     
  17. Stubudd

    Stubudd

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    Did it get to this point? If not, I don't think there's any way you owe her anything, unless you've left out some significant details. Call the realtors.
     
  18. the iceman

    the iceman Proud Veteran CLM

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    So this ***** is making a "commission" when she failed to sell the home? It's not your fault that she sucks at her job.
     
    Last edited: Mar 24, 2010
  19. Wake_jumper

    Wake_jumper

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    Buying a house with your girlfriend was your first mistake. Get married first. It's too easy to walk away from a non-committed relationship and then where will you be? On the hook for the mortgage. And then say goodbye to your credit rating. If you can't swing the deal on your income alone, don’t' do it.

    Signing an agreement with a realtor to be a buyer’s agent was your second mistake. A
    "Buyer's Agent" contact is an attempt by a realtor to lock you in to buying with or without their help. If a realtor wants to help you find a house, a contract shouldn't be necessary if they are doing a good job. I had a realtor try to sign me to a buyer’s agent contract stating that they would be compensated for any property I bought (over the next 12 months) with or without her, including for sale by owner. I understand that she is trying to protect her own interests, but I found it offensive. If I want help with a deal, I will invite her in, but it’s going to be my decision and I will not be bound by a contract. Realtors are generally very aggressive, you really have to be tough and stand your ground.

    Tell her to pound sand. You will likely have to hire a lawyer if she won't back down. And if it is spelled out in the contract you signed, you may be in big trouble. Always read and understand every detail of a contract before you sign. It’s ok to take time (days, weeks, whatever) to figure it out before you sign it.

    Good Luck!
     
  20. Reignman

    Reignman

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    Once I made it clear I didn't want the home she put an offer in on, Nothing got done. We closed in less than 10 days and she wouldn't lift a finger. Wouldn't return calls, I even called the sellers agent. Next thing you know, immediately I have a call.

    Immediately following my attorneys advice, I said what needed to be said, sent over the release of earnest money to seller form and she was not able to be heard from. Since then, I told her we would look for a home and she was incredibly persistent and pushy with text messages for example "So when are we looking, make time, are you buying a home or not"...

    It was blatantly obvious she and the other agent tried to "bully" me into closing the other home, even the sellers attorney whom I knew prior gave me advice not necessarily telling me however a hint can be subtle or to the point you know?.. He made it abundantly clear both of them did not care either way, they wanted to be paid.


    Theres always more than 1 side to a story however lets recap...

    We looked at the house with someone else, my girlfriends parents recommended this newb to us.
    We spoke to her and she said yea, lets make the offer.
    1: The sellers agent showed us the home, she had procured clause or whatever its called to make the offer for us, she did the work, not the buyers agent trying to sue me.
    2: The buyers agent places offer, sits on *** and waits....
    3: Buyers agent then makes a few calls, I chase down an inspector, structural engineer etc landscaper and make call after call (she makes not one).
    4: We decide we don't want it.
    5: Buyers agent does literally nothing says "You need to prove $3,000 in damage or you have to buy the home.
    6: Sellers fix all the damages they wanted to to bring the price of the homes damage to "arguably" less than 3,000.
    7: Buyers agent does nothing still, I go out and speak to attorneys, mortgage lenders etc.
    8: We do not buy the house, I send the termination of contract agreement over.
    9: Buyers agent says lets look at houses and suddenly is VERY pushy and persistant.
    10: Buyers agent calls me and says "I don't get paid unless you buy a house, I am hungry, I need this money".
    11: I am uncomfortable, realize its more about the money than any professionalism.
    12: We inform buyers agent we're not thinking of buying the house as it may not be the best time
    13: Okay, I want $4300.00 says the buyers agent, you owe me my money.
    14: Here we are.
     
    Last edited: Mar 24, 2010