I think I've just been seriously misleaded by a realtor

E

evening rose_IHB

New member
I know it's probably not the first time this ever happens, but it's the first time this ever happened to me.

I've been working with my agent for 8 months now. I am looking to buy a house in Irvine (duh!), and mostly I am interested in a house that is in the community in which I am now renting.

The other day, I walked into an open house in my community, and had a little chat with the agent there. Since I knew he was handling many of the listings in my community, I asked him to notify me in case he hears about something that is about to be listed in the community. He promised to do so.

Today I got a phone message from him, saying there is a new listing about to take place in my community, that it is not on the MLS yet, and his wife (which is also a realtor) is "<strong>handling the listing"</strong> and this is first hand information. He asked me to call his wife and I did.



The wife told me that the house is not in the MLS yet, and they called me first because they give priority to people who currently reside in this community. She said she will show me the house only if I sign an agreement with her as my buyers' agent for this property. Since I knew that was my chance to get dibs into a house that was not in the MLS yet, and assuming she is the listing agent, I agreed. She signed me on an agreement in which I committ to her if buying this property, and agreeing to pay $10,000 extra to her, since it is bank owned and her commission is going to be low. I signed it.



She asked me to let her know my decision within the next day, since they have other interested buyers whom they are going to call in case I wasn't interested in the house.

Two hours later, i see the house listed in the MLS. Of course, the listing agent is not these agents who called me, and basically I deprive my own realtor who has been working with me for such a long time, and agreed to pay 10K more for... for nothing really.

Do you think there is something I can do about it now? I am so angry :-(

Thanks for your input!
 
But I've been waiting to find a house like this with this floorplan at this location for over a year now! I would hate to lose it...

Can anybody help me with advice on what to do now?

Thanks!
 
[quote author="evening rose" date=1221983595]I know it's probably not the first time this ever happens, but it's the first time this ever happened to me.

I've been working with my agent for 8 months now. I am looking to buy a house in Irvine (duh!), and mostly I am interested in a house that is in the community in which I am now renting.

The other day, I walked into an open house in my community, and had a little chat with the agent there. Since I knew he was handling many of the listings in my community, I asked him to notify me in case he hears about something that is about to be listed in the community. He promised to do so.

Today I got a phone message from him, saying there is a new listing about to take place in my community, that it is not on the MLS yet, and his wife (which is also a realtor) is "<strong>handling the listing"</strong> and this is first hand information. He asked me to call his wife and I did.



The wife told me that the house is not in the MLS yet, and they called me first because they give priority to people who currently reside in this community. She said she will show me the house only if I sign an agreement with her as my buyers' agent for this property. Since I knew that was my chance to get dibs into a house that was not in the MLS yet, and assuming she is the listing agent, I agreed. She signed me on an agreement in which I committ to her if buying this property, and agreeing to pay $10,000 extra to her, since it is bank owned and her commission is going to be low. I signed it.



She asked me to let her know my decision within the next day, since they have other interested buyers whom they are going to call in case I wasn't interested in the house.

Two hours later, i see the house listed in the MLS. Of course, the listing agent is not these agents who called me, and basically I deprive my own realtor who has been working with me for such a long time, and agreed to pay 10K more for... for nothing really.

Do you think there is something I can do about it now? I am so angry :-(

Thanks for your input!</blockquote>
You don't have to work with that shady piece of crap, just walk away and keep working with your previous agent. You don't owe that realtard jack sh1t!
 
I wonder if you should file a complaint with the local Board of Realtors (or is that a waste of time, guys?). Sounds to me that you got misled and lied to. That's not ethical.



Whatever you do, don't work with these idiots. They deserve to lose the $10K and the commission. Hang in there. There will eventually be other houses in the plan you want in your desired area.
 
Post the relatard's name here for all to see. This is the used car salesman tactics that piss me off about 'tards.
 
I suggest you contact the agent's broker and explain that they misrepresented the facts on the listing to get you to sign the buyers-brokers agreement. Get that broker to have the agents void the said agreement. Next step is to contact the DRE and file a complaint.



Be careful though as you did sign a binding document. They may take action against you in court for commissions if you buy that home and they say they are "procuring cause". They may not win but it will cost you legal fees.



My question is if you had worked with an agent for 8 months and had a comfort level with him/her why didn't you call them for advice prior to signing a legal document with a strange agent?



good luck
 
Call her up with your machine recording the call so you may have her words on record. Ask for an explanation as to 1) Why she isn?t named as the listing agent on the property and 2) Why she pitched this to you as an exlusive listing when it was on the MLS a mere 2 hours later. Tell her you would like to be able to recommend her services with confidence but you don?t think you can do that unless she has a good explanation. Use the word ?disappointed? a lot. It?s a good way to take an emotional ball-bat to the knees without her being able to blame you for being bitchy. But don?t come out with guns blazing?try to have the attitude that you are going to give her the benefit of the doubt. You catch more flies with honey than you do with vinegar. I have a feeling this is a realturd who is still in the dark that regular people have access to the MLS so she figures you would never know she only had a lead and not the listing. In my opinion?even if the listing was hers?I would never recommend using the listing agent as your buyer?s agent too. I don?t care what anyone says?they CAN NOT serve the best interest of both sides equally (the only exception might be if you are willing to pay asking price right away.) Their loyalties are divided plain and simple. Thank God the realtor I?ve used in the past felt the same way and refused to act as a dual agent. Do you have a copy of the agreement you signed? If you don?t - request one. Read it carefully and call her broker for ?clarification?. But yeah - I second the idea to wait a while before buying.
 
[quote author="evening rose" date=1221983595]I know it's probably not the first time this ever happens, but it's the first time this ever happened to me.

I've been working with my agent for 8 months now. I am looking to buy a house in Irvine (duh!), and mostly I am interested in a house that is in the community in which I am now renting.

The other day, I walked into an open house in my community, and had a little chat with the agent there. Since I knew he was handling many of the listings in my community, I asked him to notify me in case he hears about something that is about to be listed in the community. He promised to do so.

Today I got a phone message from him, saying there is a new listing about to take place in my community, that it is not on the MLS yet, and his wife (which is also a realtor) is "<strong>handling the listing"</strong> and this is first hand information. He asked me to call his wife and I did.



The wife told me that the house is not in the MLS yet, and they called me first because they give priority to people who currently reside in this community. She said she will show me the house only if I sign an agreement with her as my buyers' agent for this property. Since I knew that was my chance to get dibs into a house that was not in the MLS yet, and assuming she is the listing agent, I agreed. She signed me on an agreement in which I committ to her if buying this property, and agreeing to pay $10,000 extra to her, since it is bank owned and her commission is going to be low. I signed it.



She asked me to let her know my decision within the next day, since they have other interested buyers whom they are going to call in case I wasn't interested in the house.

Two hours later, i see the house listed in the MLS. Of course, the listing agent is not these agents who called me, and basically I deprive my own realtor who has been working with me for such a long time, and agreed to pay 10K more for... for nothing really.

Do you think there is something I can do about it now? I am so angry :-(

Thanks for your input!</blockquote>


Very sorry to hear that anyone would be treated this way...



I'd suggest moving down the checklist here:



1. Go back to the agent/wife duo and ask for (demand) a cancellation of their buyer's contract. You were intentionally misled. You should be able to get the cancellation immediately (CAR form CC).

2. Report the ethics violation to their board. If their own listings begin with "S" they are with OCAR (<a href="http://www.ocar.org/consumer/ethics.asp"><strong>ethics statement</strong></a>), and if they begin with "P" they are with PWAOR <a href="http://www.pwaor.com/ProStandards/EthicsComplaints.aspx"><strong>(ethics statement)</strong></a> . They will face fines and possible suspension of license. That will get you <strong>some </strong>satisfaction.

3. I would tell <strong>every person I know</strong> not to work with that broker and explain your exact circumstance. If you don't, you are just as accountable if they pull the same stunt with another of your friends, coworkers, or neighbors.

4. You should know that you need not pay $10K for "dibs."

5. Talk to your agent (of 8 months) about what happened. If I were you I would explain more clearly what you are looking for, <strong>and </strong>what kind of effort you are expecting from them in finding the right place for you.



I offer the same old mantra... Open Communication + Telling the Truth + Treatment with Respect = a productive relationship



BTW, if your post was just for lulz, count me as a +1.

-IR2
 
[quote author="IrvineRealtor" date=1221999402]Very sorry to hear that anyone would be treated this way...



I'd suggest moving down the checklist here:



1. Go back to the agent/wife duo and ask for (demand) a cancellation of their buyer's contract. You were intentionally misled. You should be able to get the cancellation immediately (CAR form CC).

2. Report the ethics violation to their board. If their own listings begin with "S" they are with OCAR (<a href="http://www.ocar.org/consumer/ethics.asp"><strong>ethics statement</strong></a>), and if they begin with "P" they are with PWAOR <a href="http://www.pwaor.com/ProStandards/EthicsComplaints.aspx"><strong>(ethics statement)</strong></a> . They will face fines and possible suspension of license. That will get you <strong>some </strong>satisfaction.

3. I would tell <strong>every person I know</strong> not to work with that broker and explain your exact circumstance. If you don't, you are just as accountable if they pull the same stunt with another of your friends, coworkers, or neighbors.

4. You should know that you need not pay $10K for "dibs."

5. Talk to your agent (of 8 months) about what happened. If I were you I would explain more clearly what you are looking for, <strong>and </strong>what kind of effort you are expecting from them in finding the right place for you.



I offer the same old mantra... Open Communication + Telling the Truth + Treatment with Respect = a productive relationship



BTW, if your post was just for lulz, count me as a +1.

-IR2</blockquote>


Screw that! Just post their names, email addresses, phone numbers, and DRE license numbers here and we will take care of the rest. <a href="http://www.ocregister.com/articles/soni-washington-mutual-2163800-sonis-family">Gittelsohn</a> has been all over the shady realturds, and that would only be the beginning to this. I am sure Jerry Brown could have some fun with this along with <a href="http://www.dre.ca.gov/gen_commissionerbio.html">Jeff Davi</a>. And... of course I will have some digital photo fun with pictures of their listings.



These turds should be fined, fired, and have their licenses revoked. And someone really should just sock the douchebag husband in the nose on general principal alone. But... I don not advocate violence, so maybe just a swift kick in the nuts would suffice.
 
[quote author="SoCal78" date=1221998373]Call her up with your machine recording the call so you may have her words on record. Ask for an explanation as to 1) Why she isn?t named as the listing agent on the property and 2) Why she pitched this to you as an exlusive listing when it was on the MLS a mere 2 hours later. Tell her you would like to be able to recommend her services with confidence but you don?t think you can do that unless she has a good explanation. Use the word ?disappointed? a lot. It?s a good way to take an emotional ball-bat to the knees without her being able to blame you for being bitchy. But don?t come out with guns blazing?try to have the attitude that you are going to give her the benefit of the doubt. You catch more flies with honey than you do with vinegar. I have a feeling this is a realturd who is still in the dark that regular people have access to the MLS so she figures you would never know she only had a lead and not the listing. In my opinion?even if the listing was hers?I would never recommend using the listing agent as your buyer?s agent too. I don?t care what anyone says?they CAN NOT serve the best interest of both sides equally (the only exception might be if you are willing to pay asking price right away.) Their loyalties are divided plain and simple. Thank God the realtor I?ve used in the past felt the same way and refused to act as a dual agent. Do you have a copy of the agreement you signed? If you don?t - request one. Read it carefully and call her broker for ?clarification?. But yeah - I second the idea to wait a while before buying.</blockquote>


Bad Idea. Sorry, but recording another party without their ADVANCED consent is illegal in most states. It is not worth committing a felony to catch the agent... and if you ended up in litigation, the recording would likely be excluded... court isn't always about the "truth"... its is just as often about following rules... so don't be the person who is breaking them. Contact the owner of the broker license and ask to have the contract voided in writing. Also, don't sign such a contract in the future. It is unethical on their part - and probably illegal since they have a fiducuary responsibility to the home seller to bring in viable offers. Sounds like this agent is trying to serve their own interest first.
 
Thank you everybody.

I do have the recording of their phone message from yesterday, saying that the wife is handling the listing. I am keeping that.

I did send them en email yesterday, asking for a clarification about how come the listing is in the MLS although they told me it's not going to be there yet, and about who exactly is the listing agent.

This morning I got a phone call saying that the listing was not supposed to be listed in the MLS until Monday. Since it is in the MLS already, they do not expect us to pay the extra 10K. Very graceful, hah?



Regarding the question who the listing agent is, they had this weird explanation that they used to be the listing agents before the property was foreclosed, therefore they have a priority with the bank. Does that make sense to anyone? To me it doesn't. We are going to meet them this afternoon, with hopes to revoke the previouse agreement. I don't want to do bussiness with them.

The only thing I am not sure of is whether they do have some dibs on this property or not. I am pretty sure that if asked them they would tell me they do, but I can't really trust them now can I? So I will probably just cancel the previous agreement with them.

Will keep you posted.

Thanks :)
 
[quote author="evening rose" date=1222042926]Thank you everybody.

I do have the recording of their phone message from yesterday, saying that the wife is handling the listing. I am keeping that.

I did send them en email yesterday, asking for a clarification about how come the listing is in the MLS although they told me it's not going to be there yet, and about who exactly is the listing agent.

This morning I got a phone call saying that the listing was not supposed to be listed in the MLS until Monday. Since it is in the MLS already, they do not expect us to pay the extra 10K. Very graceful, hah?



Regarding the question who the listing agent is, they had this weird explanation that they used to be the listing agents before the property was foreclosed, therefore they have a priority with the bank. Does that make sense to anyone? To me it doesn't. We are going to meet them this afternoon, with hopes to revoke the previouse agreement. I don't want to do bussiness with them.

The only thing I am not sure of is whether they do have some dibs on this property or not. I am pretty sure that if asked them they would tell me they do, but I can't really trust them now can I? So I will probably just cancel the previous agreement with them.

Will keep you posted.

Thanks :)</blockquote>


Fire them and turn them in for being shady pieces of shit. They have no right to the home that got foreclosed on, none, zero. I am beginning to think you should post their info here, that way everyone here can be sure to avoid them.
 
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