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

[quote author="GrewUpInIrvine" date=1222041670][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.</blockquote>


It's not illegal if the other party is notified by a beep warning. See California Public Utilities Commission General Order 107-B(II)(A)(5). Most machines these days beep before recording and during a call in progress. (Mine does every 10 seconds.) If she's as dumb as she sounds she would keep her lips flapping.
 
<blockquote>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? </blockquote>


Fall <strong>out</strong> of love with the property. It's a stupid box that keeps the rain off your stuff while you're at work. Keep repeating that to yourself. :)
 
We went to see her this afternoon. She was very apologetic and said she has been mislead by the Bank who was selling the property. They told her it's going to be her listing, and went ahead and gave it to someone else. She said her reputation is very important to her, and I think she was trying to hint me something.

We asked for our signed paper back to cancel it. She said she would give it to us, but asked us to remember she was the one who first showed us the house. I told her we only signed this agreement because we had been under the impression that she was the seller's agent and she had the power to influence the seller to sell the house to us before it got on the MLS. She kept saying repeatedly that she will hand us back our agreement if that's what we wanted, but to not judge her because of what happened, because it had never happened to her before.

I reassured her we don't hold this against her, but eventually had to persist on receiving our signed agreement, because she was not giving to us although she expressed her willingness to do so. She gave it to us and tore it down. We thanked her and went away.

We put an offer on the house with our good old realtor, and we'll see what happens.

Thanks to you all for your advice. You managed to put a smile on my face when I was pretty upset.
 
A written contract through deliberate misrepresentation or deceptions is not a legal binding contract. I could have sworn that was in my business law class way back when. But do seek legal advise on this. :p
 
[quote author="reason" date=1222086697]A written contract through deliberate misrepresentation or deceptions is not a legal binding contract. I could have sworn that was in my business law class way back when. But do seek legal advise on this. :p</blockquote>


OP -

I'LL REPEAT - GET A SIGNED "CANCELLATION OF CONTRACT" AGREEMENT. TEARING UP THE OLD BUYER'S AGREEMENT IS NO DIFFERENT THAN CUTTING UP A CREDIT CARD AND EXPECTING THE CREDIT LINE TO BE CLOSED. [/all caps]



You may be on the right side of the law, but you are potentially putting your family's finances in the hands of a judge, a jury, a mediator, or an arbitrator.

And if you expect life to be fair, remember that OJ Simpson still plays golf every week.
 
[quote author="IrvineRealtor" date=1222087524]

And if you expect life to be fair, remember that OJ Simpson still plays golf every week.</blockquote>


You know what fair is? It comes twice a year. Once at the County, once at the State.



OJ isn't currently playing much golf, I hear..........
 
This move on the realtor's part was really over the top! Please pm one of us the name of the realtor or her website etc.. PM ME, I'll do it.



I think we all need to be buyer-beware to bully tactics and deceptions like this agent has used on you. I, too, believe that she should be reported to the board of realtors. That's sneaky stuff and I think outrage is justified.



Good luck going forward and thanks for sharing your story.
 
The agreement we have signed with her was a "CAR form disclosure regarding real estate agency relationship". Considering this, isn't it enough to just tear it apart? Do you think I still need to ask for a cancellation of contract agreement?

I find it hard to believe she will agree to sign such an agreement... Do you think it might be enough to send her an email in which we thank her for letting us go and revoking our previous agreement?

Thanks for you help.
 
[quote author="evening rose" date=1222122804]The agreement we have signed with her was a "CAR form disclosure regarding real estate agency relationship". Considering this, isn't it enough to just tear it apart? Do you think I still need to ask for a cancellation of contract agreement?

I find it hard to believe she will agree to sign such an agreement... Do you think it might be enough to send her an email in which we thank her for letting us go and revoking our previous agreement?

Thanks for you help.</blockquote>


If this realtard is dishonest enough to get you into that contract, then don't trust that she didn't make copies of that form before it was ripped up. Get the cancellation that IR2 told you about.
 
[quote author="Anon." date=1222124851][quote author="evening rose" date=1222122804]The agreement we have signed with her was a "CAR form disclosure regarding real estate agency relationship". Considering this, isn't it enough to just tear it apart? Do you think I still need to ask for a cancellation of contract agreement?

I find it hard to believe she will agree to sign such an agreement... Do you think it might be enough to send her an email in which we thank her for letting us go and revoking our previous agreement?

Thanks for you help.</blockquote>


If this realtard is dishonest enough to get you into that contract, then don't trust that she didn't make copies of that form before it was ripped up. Get the cancellation that IR2 told you about.</blockquote>


I was wrong. (Scratch that; I didn't ask enough questions.)

What you described as Agency Disclosure is form AD, and not a binding buyer's contract.

No further cancellation necessary. But read carefully the section regarding agents representing both buyer and seller (dual agency).

<em>"a fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings"</em>



<img src="http://irvinerealtorsite.com/carformAD.JPG" alt="" />



Best of luck.

-IR2
 
You still need to be careful before signing anything.

I recently had an agent call me and tell me that he had a relationship with the seller and could get me a better deal than the listing agent who I had just contacted and plan on working with.

He was very convincing, aggressive and followed up with me numerous times.

Ultimately, I decided to stay the course with the listing agent even if it would end up costing me more.
 
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