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christopher k | Realtor made changes to contract after I signed it? |
I filled out an offer sheet and signed the document, the realtor then had the sellers sign the offer sheet but added a stipulation that depended on the seller recieving orders to move. The realtor never told me about these new stipulations. 2 days before the closing I called him to make sure everything was good to go and he told me we could close but the sellers would not be able to vacate the house until 21 days later. I had made arrangement to move and turned in my 30 days notice to vacate the house I am in, this left 10 days with no home to live in. Now this realtor is our duel agent and both myself and the seller are very dissatisfied with him and do not want to see this guy make the $7500 commision off the house. Do we have any legal recourse to have both the buyer and sellers contract with him terminated. Hope someone can help
Additional Details
I am in NC. |
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Brian G
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You can legally terminate the contract, but you would have no house to go to at all then. Technically, there is no contract to buy the house. You made an offer, the seller made a counteroffer, and you never accepted it by signing the new contract. So, in effect, the agent has not yet sold the house, the seller can terminate their services and you are always free to have as many agents represent you as you want. You will probably lose this house if you want the agent to get nothing though. There is usually a clause that allows the agent to collect commission if they show you a house then you negotiate a deal on your own.
If you want the house, let the deal go through and sue the agent in small claims court for the cost of your lodging while waiting for the sellers to move, report the agent to the broker, the BBB, and the state licensing board for real estate agents. |
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Cal-Tex
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Illegal - Realtor needs to relay any changes to the buyer and seller prior to any signatures to get approval even if they are minimal changes to the contract! What state?? Google your state and real estate law. |
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capellancf
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All previous posters are correct that no legal contract exists and that you should contact a lawyer and file a complaint with that agent's brokerage and state licensing department.
An alternative, since you sound like you really want this house and it is about to close is to check in to a hotel for the 10 days you will need housing and have that agent foot the bill as well as for any other expenses you may incur as a result of his unethical and illegal behavior. |
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Nicholas F
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well if it says any thing in the contract about him changing it with or with out your consent the no.
But if you want him not to make a commission then there are Many ways HAhaha....
You mite file a suet with the DA in your area, trie to set up an appointment or something. I don't know that's just my best guess. READ YOUR CONTRACT STUDY THE INS AN OUT OF IT SEARCH FOR THE INFORMATION at the libery, internet, court house. |
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godged
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Any changes on the contract should have been initialed by both parties. Take it up with his principal broker. |
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robsthings
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Call a real estate attorney now!
Your Realtor violated contract law.
ALSO, if they work for a major broker, call that broker with the complaint. |
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Heinz M
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You were supposed to get a copy of the original which would not show the change. Tell him you will complain to the real estate commissioner unless he refunds his commission (for liquidated damages) and see what he'll have to say. ~ |
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Robert B
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If your signature is not on the document or you have a copy that does not have that clause on it you can walk away or sue the realtor. Heck call a cop and press fraud charges, changing a contract with out permission is illegal. |
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Atrixo
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The contract was void and null. If you signed an offer, the seller accepted it without changes, there would had been a binding and enforceable contract. However, in you case, you signed the offer, the seller added a clause on it; then there would be a counter offer. You, as the buyer has to accept the counter offer to make the contract binding. Now, you said you did not know about the counter offer, and you did not initial the added clause (or changes), then you can consider your original offer voided.
To be safe, you should contact a lawyer. As far as I know, you were out of the deal.
You should file a complaint about the Realtorr. He should be disciplined.
Regarding the commission:
It is true that the Realto was not doing his job properly. And it is true he should not deserve any commission at all. But it is very likely the seller would still have to pay the commission once the deal is closed because the Realtor had already did his job. No matter it was good or bad. |
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Your NC Realtor
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Illegal. Flat out. |
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