 The Bank Wants to Take My house? |
Im Broke and Poor and the bank wants to take my money, their rude people and im thinking of burning it down and fleeing to canada, because i cant stand poeople takign my house.
help?... |
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 What happens to the house after my dad dies? |
my dad passed away and the mortgage is in his name, what will happen to the house now,Will it go to my mother ?
... |
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 Any advice on selling a home "for sale by owner"? |
| It is a pretty new house (2 years old) which I ended up with in a divorce settlement. There are also a record number of homes for sale in Lincoln right now.... |
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 Somebody told me that real estate agents driving expensive cars have better chance at selling real estate. Is |
| Somebody told me that real estate agents driving expensive cars have better chance at selling real estate. Is this true? Is it necessary to drive an expensive car to get a better chance at getting ... |
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 I have given my 30 day notice and the landlord has now started entering my aprtement w/o notice, what can I do |
| I gave my notice Monday and this yesterday we noticed that someone (the handyman I'm sure) has been entering our apartment without notice. By law here in CA they need to give us 48 hours notice (... |
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 We are buying a house from a friend and just found out it is going into foreclosure? |
| A friend of ours decided his house was to much for him since he was divorcing his wife so my husband and I moved into the house and told him as soon as the divorce was final we would buy it. We gave ... |
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 Are you for or against public housing? |
| Serious answers only. Do you agree with housing assistance with low income residents? Should drug testing be mandatory? It's a big issue in New Orleans.... |
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 Eviction???? |
| My girlfriend is going to be evicted in about a week if we can not come up with the money for past due rent. Is there a legal amount of time that the landlord is supposed to wait on payment before ... |
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 What state are you from? How do you like it there? What are the pros and cons? |
| Is fresh produce and meat available? My husband and I are trying to figure out where to move after his enlistment. We've been to Georgia, SC, and Missouri. We had a hard time finding pork that ... |
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 In England, who's responsibility is it to inform the council that a property is being rented out to students? |
Is it the land lord or the tennants?
I'm asking this because students don't have to pay council tax but I don't know if my future housemates and I have a responsibility to inform ... |
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 What should i do with 35,000 dollars? |
| I need a job but would like my own home. If only i could BUY a good job and get a cheap home of my own............ |
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 In wich of these cities you would live? |
| I want to move from Utah, and I'm a little confused about some cities, and they are: Denver/CO, Portland/OR and Seattle/WA. Actually I'd like to go to a place where there is more diversity, ... |
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 Renting a house, water pipe break-who pays the overage on water bill? Renter or owner? |
| Owners simply told us that we were going to have to find somewhere else to stay until the standing water under the house is gone & the plumbers are able to fix it. No time line, at least two ... |
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 I can't sell my house...and my neighbors are all trying to sell too..what next? |
| help...I need to sell....I dropped my selliing price 2 times..and then my neighbors dropped their's too...real estae agents say this and that ..but people will not buy...I have a lot of other ... |
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 Do you give a thank you gift to real estate agent? |
| i just bought a house and was wondering if you're supposed to give a thank you ... |
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Claude T | Is a real estate agent entitled to a fee even though the house did not close? |
I was buying a house when I got transferred. The builder agreed to keep my deposit of $21,000. In addition, I got a bill from my real estate agent for $12,000. She says, even though the house did not close, she was my representative and is entitiled to the fee for services rendered. There were no services rendered. Also, she is related to the builder's agent and never disclosed that to me. The contract states that the seller will pay real estate fees at closing. |
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just browsin
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No closing no fee. Done. |
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Joey K
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What a frickin joke! Can these people get anymore entitled? IT'S A PERCENTAGE! 6%, which is a joke in the first place! She should be ashamed. I'm not gonna use one when I sell. Don't pay.
And what a surprise that snvffy is a realtor- "of course" he says- $12,000 to drive someone around? That's a hell of an expensive cab ride. The whole industry is a joke. She's tryin to see if she can pull one over on you. Also, she should have disclosed this to you clearly at the time of the contract. If she tries to enforce it, take her to court, cause some trouble for her, and warn all your friends. I'm self employed, and I HATE bad recommendations! |
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Sam
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some still charge...i wouldn't hire anyone who does |
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txrealestateagent
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It really depends on how the contract between you and agent reads. I would suggest talking to a lawer to see what your options are. |
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dancing_in_the_hail
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If the contract states that the agent gets the fees at closing then that is what she gets. The house never closed so you don't owe her a dime. That is how real estate works.
Make a copy of her bill, and the contract, highlight the portion that says when she is to be paid, and send them to her. Write a kind letter stating that you appreciate her time and services, but due to her dishonesty about the contract and the builder you will no longer require her services. Let her know that, should she continue to pursue this you will contact your attorney. Find another agent. Preferably one who is a "Realtor" (type of certificiation). Check www.realtor.com for a Realtor in your area.
Good luck! |
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aggadan
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NO Fee due plain and simple . the contract should clearly state realtor gets paid at closing. IF she tries to pressure for payment contact the state real estate liscense board alot of time as in this case there is a violation of real estate law.so you can have her liscensed removed |
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dragonrider707
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I wouldn't pay her a dime. And there must be a Real Estate Commission or something similar that you can ask for advise on whether she had a conflict of interest seeing that she is related to the builders agent. You may be able to sue her or the builder for your lost deposit. If they wont help go and see a lawyer that specializes in real estate law. |
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triad_historic_homes
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Spencer Barron is dead on.
If you "breached" the purchase contract, you may very well "owe" the agent a commission.
But as a Realtor, I have never heard of any agent attempting to exercise that clause in anything but the rarest of circumstances. The fact that the builder got to keep a $21,000 deposit leads me to believe that you had no valid, legal reason for not completing the purchase, otherwise you'd have fought for that money.
If the agent did not disclose a relationship with the seller, there may be a licensing/ethical issue that you can use as leverage to make the agent fee go away.
My advice is to contact the broker-in-charge/office manager (they are called different things in different states. |
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ogrendle
 |
I really doubt it but check your contract. Around New England we don't do that |
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snvffy
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OF COURSE your real estate agent rendered services. She drove you around and found the house you wanted. THAT'S RENDERING SERVICE. And if you signed contract, then you agreed to pay her regardless of whether the house closed. READ THE CONTRACT. YEP.
Now, in reality, what I would do is contact the broker she works for and negotiate a settlement. I mean you left the builder $21K, HOW COULD YOU POSSIBLY THINK YOU SHOULDN'T PAY THE REALTOR???
Good Luck |
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peedeesuave
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Yes, I believe you are, unless your offer to purchase had an exclusion for your being transfered and voiding the sale. From what you have written here the builder could have sued you for "specific performance" which means that you failed to complete the contractual agreement, and could have made you complete the purchase of the house. With your large deposit, it was in the builders benefit not to sue, but the Realtor was left out in the cold. The Realtor earns a living from the completion of the contract which you failed to complete by your own fault, so the Realtor is damaged. I am not a Lawyer but that is how I think it would be viewed. Call your board of Realtors, your state real estate commission, and it may be worth consulting a lawyer. Maybe even Bill Handel. http://www.handelonthelaw.com/default.aspx
It is my own opinion that Realtors charge way more than they are worth. |
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Spencer B
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The common misunderstanding is if it didn't close, the broker didn't perfrom any services. If you defaulted on the contract and didn't use one of your 'outs', you may be required to pay. It most likely wouldn't be in your purchase contract, but if you signed a buyer's agency contract so you were working with a paticular agent, it would likely be in there.
Here is how it reads in Colorado's Exclusive Right to buy contract.
"(4) The Success Fee is earned upon the Purchase of the Property and is payable upon closing of the transaction. If any transaction fails to close as a result of the seller’s default, with no fault on the part of Buyer, the Success Fee shall be waived. If any transaction fails to close as a result of Buyer’s default, in whole or in part, the Success Fee shall not be waived; such fee shall be payable upon Buyer's default, but in any event not later than the date that the closing of the transaction was to have occurred. This fee shall apply to Property contracted for during the Term of this contract or any extensions and shall also apply to Property contracted for within calendar days after this contract expires or is terminated (Holdover Period) if the Property is one on which Broker negotiated and if Broker submitted its address or other description in writing to Buyer during the Term. Provided, however, if a commission is earned by another real estate brokerage firm acting pursuant to an exclusive agreement with Buyer entered into during the Holdover Period, Buyer shall owe no commission to Broker under this subsection."
You might want to make a call for a free consultation with a real estate lawyer if that was the case. If you just signed the purchase contract and there's no clause in it explaining something like the above, your probably all right.
You might have a case if for the non-disclosure of any personal relationship with the builder's agent (husband-wife or something) but if they work in the same office that won't be enough. Non-disclosure is kind of a big no-no. Call the real estate commission or the state board of Realtors where you are to find out more about that. |
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Lara <:(((><
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No way is the real estate entitled to any money. if she represents a company (eg:remax) you can call head office and ask them, but I would not give her a penny. look in to buyers remorse laws some times if you had changed you mind in 3 days you can maybe get your deposit back.. |
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Drew
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That might be all she makes for the year, there are a lot of scum grabbing at straws since the market is crashing big time. |
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lawyer
 |
If you breached the purchase contract for no valid reason (eg. no marketeable title, etc) you were lucky that the seller did not pursue you for the entire contract price on a specific performance action. It reallty all depends on the language of the contract. On the other hand, and depending on the temrs of the realtor's agreement with you, you might also be perfectly liable to the realtor even though you did not close on the property. This would be considered immaterial. |
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