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My husband and I are 1st time homebuyers. We recently signed a contract to purchase a short sale house at $380k from my husband's friend of 20 years. The bank approved the short sale amount of $360k. There were 2 other offers then, $385k and $395k. However, our friend signed our offer and rejected the rest. Agent Hell 1st told us 23rd June that we would get the house by end of July. 25th June, she called us up said she would only submit the offer if we use her as our loan officer. We agreed. 27th June, she called our friend up and said she would buy the house from him at $380k and give him another $20k cash on the side, which my friend refused. 27th June late afternoon, she called my husband up and said bank rejected our offer. Our friend called the bank up and the bank said no offer was received. So our friend called her up and told her if she tried anything funny again, he'll change agent. Loan's approved, went into escrow, I assume, since cheque was cashed and house off market.
Agent HELL told us the bank approved the offer but she refused to give us a copy of the approval letter. This has been dragging on for the last 3 weeks. She had been threatening us that if we don't let her be our loan officer, we'll never get the house etc. She only locked in the interest rate last week and charged us 7.9%??!!! She added, "It's not the interest rate that matters, IT IS WHETHER YOU CAN GET THE HOUSE!" My husband said just let her do it, we'll refinance next year. Husband went to see her today, she refused to say anything. She seems to be trying to drag out the whole thing so that the house will go into default. We were thinking of complaining about her to the real estate association, however, everything's not under her name---> Agent's and loan officer's names are other ppl's names, not hers. Now we don't even know whether we would get the house and our lease to our apt is almost up. Please kindly advise! Thank you very much!
We did have our own agent. Agent HELL lied to him, i think, that the commission is only $5k. Our agent then decided that it's not worth the trouble so handed all 'rights' over to her. I didn't know anything about this because my husband was the one who handled the whole thing. Yes, I do know that verbal agreements/threats do not stand unless written, that's why we are having such big headaches now. I was going to complain to the local authorities about her but my husband told me that NOTHING'S UNDER HER NAME. Agent HELL is operating under someone else's name for the loan. This is ultra frustrating since we are trying to get out of this apt complex asap because we also have a neighbor from hell. If she uses someone else's name for the loan, can we still lodge a complain? We have the emails from her with loan details.
My agent called my husband and this is what he told him. "Agent HELL called him at 10am, told him she's going to wait out now, wait till the original owner's move out and the house go into default. Then she'll put a lockbox on and then accept the highest offer or buy the house for herself!!!!!!!!!!" My husband said he's been trying to call her for the last 2 hours BUT she refused to pick up the phone. Clarification: The agent's name listed on the contract is not Agent HELL's name, the loan officer's name is not hers either. I'm in California, this is the 1st house buying for us, that's why we do not know what is going on.
My husband just called the Escrow company. They said that she did submit the bank's approval letter for the sale of the house. HOWEVER, she took it back from the Escrow company last Friday after she locked us into the 7.9% interest rate, saying that there's a 2nd approval from the bank she needs to get. Erm...what is going on now? Agent HELL still refuses to answer the office's phone and she offed the cell phone.
OH MY GOODNESS!! Where to start. If this "Agent HELL" is not a licensed real estate agent this is all extremely illegal. It is common for a RE agent to have assistants to help them but they cannot act as a RE agent. Sounds like that is whats happening. She cannot make you use her loan officer to do your loan. You have the right to choose any financing you want. Period! She also cannot circumvent you if you have an accepted offer from the seller and thier bank. In order for her to buy the property she would have to ask YOU for permission. If you signed a offer for the property, its the agent responsibility to present that offer to his seller. There is no grey area and she can't wait until she feels like putting in the offer. Sounds like she has been playing games with you. I would contact the people that are on the loan application and the sales contract. Since Agent Hells name is not on any of the paperwork, she's irrelevant. You don't need to deal with her anymore. Be sure to let the broker of record know what is happening and I'm sure you will get quick rectification on this deal. Trust me. This lady broke every rule in the book and since thier name is on the paperwork you signed, they are responsible. Also, it takes about 30 days or so for a bank to respond to an offer on a short sale property. At least in my experience. I'm in Hueytown and can help if you need it. Good luck.
I believe that the agent broke the law there. At the least, what she did was highly unethical. First, she can't require you to use her as your loan officer with the threat of not submitting your offer if you don't. Real estate agents can recommend loan officers or brokers, but they can't require a specific one. Second, she can't circumvent your offer if the sales contract was already signed and the offer accepted by the buyer. The only caveat to that with a short sale is that the bank could have denied the $380K short sale price. But, they didn't. I would definitely report this to your state or county association of realtors. That *ahem* woman ought to have her license suspended for basically trying to steal your house away from you, and using coercion to get the mortgage broker commission (probably about $10,000).
This is the listing agent, I assume? She works for your friend, and your friend alone. If she’s failing in her fiduciary duty to him, and it certainly sounds like she is, your friend needs to call her managing broker and discuss this. If I were him, I’d also report her to the local real estate commission. Why are you working without a buyer’s agent? This hellish agent’s commission would have been shared with that person, providing you independent representation without any extra cost to anyone. If you can’t work out this deal, please do find a buyer’s agent before trying to buy another property. It would have saved you a great deal of stress here. You mention the agent “telling’ you things. Verbal agreements in real estate aren’t worth the paper they’re written on. Nothing is true unless it’s in writing and signed by all involved parties. If you do want to continue this transaction, I suggest getting an attorney to review what you have signed up to this point so you have a clue where you actually stand. It irks me to no end that any state allows agents to be lenders. That’s nothing but trouble waiting to happen.
Assuming that everything you say is true, then the agent is in trouble. Call the agent's broker and explain what happen. Tell them that you want a new agent to handle the deal. You can also report them to your state.
First file the complain and hire the attorney who specialize in short sale- if you in IL- contact me ASAP. Your real estate agent is breaking all possible rules. We don't want those agent in the market. By law she HAS TO GIVE YOU ALL THE PAPERS THAT YOU SIGN. Talk to her superior and complain ASAP.
RED FLAGS RED FLAGS!! STOP AND CALL THE BROKER IMMEDIATELY. IF SHE'S THE BROKER, THEN I SUGGEST YOU CALL THE STATE Hueytown WHICH SHE IS LICENSED. THIS IS ILLEGAL AND UNETHICAL! PLEASE DON'T WASTE ANOTHER MINUTE TALKING WITH HER, FILE A FORMAL COMPLAINT AND FIND A NEW REALTOR. sorry for the all caps, but this kind of stuff pisses me off to the max!
OMG she is unethical as hell report her to the realty board