The Nightmare Closing, Help I'm scared

33 Replies

So here comes this long story , Recently won Auction property , from Homesearch.com in Pittsburgh, Reserve not met they called 2 days later and excepted my offer I feel as if I got a good deal. All paperwork has been completed and contract was signed. I placed earnest money deposit and was hoping to close within a  few weeks , However township requires a DYE Test before the completion of sale. So I  tell the title company no problem I will get it done I personally have never dealt with a DYE Test . So I call the township and find out what needs to be done,  blah blah blah . They tell me the seller us ally handles dye test I was told I'd have reimbursement. I  call plumber and set appointment, And the title company told me to contact listing agent to gain access,(we will call him Rick) I send multiple emails with no response, Title company sends multiple emails he responds to one email stating he will meet plumber one day later he sends email saying he will not be there because property is occupied title company sends paperwork showing it is not occupied and has not responded for 3 days  so I give the listing agent a call, I tell him I need to gain access to complete the dye test. He immediately gets rude with me and says why  are you calling me , I represent the seller your not suppose to have any contact with me. Who is your buyers agent have them call me, I don't know why you are contacting me this is not how the process works I've been doing this for 30 yrs tells me he has never received an email from me.(not knowing I needed a buyers agent). So I call my friend and agent whom I have been dealing with for the last couple of years and ask him to give him a call . 2 hours later he calls listing agent and he says he does not know who I am and what property I'm talking about. Either this guy is dillusional or wants to delay sale or has little or no interest in selling this property . Maybe because of low commission I didn't pay a lot for this property, less than 25000. But not sure what to do from here with listing agent from hell. I do know he will never make a penny off me again once this deal closes. I also did some zillow and trulia reviews on this guy and came up with nothing. No sales, No reviews Nothing he has his own realty company . Blank Blank Realty, I would like to put all his business out there just so People Knew But I'm Not Sure Of The Legal Ramifications. Title company asks  why do you have a  buyers agent, because listing agent told me we can not proceed with out one. They are telling me now we must restructure paperwork , also a week ago seller offer ed  1000$ incentive if I can close by the 26th I just don't see it happening with listing agent. So question is this a breach of contract and what legal Ramifications do I have from here. All I need is a DYE Test .

Should you wish to file a complaint regarding said agent:

Pa State Real Estate Commission

P.O. Box 2649

Harrisburg, PA 17105

717-783-3658

Kudos,

Mary

If it helps any, I've closed a homesearch.com property and this kind of stuff happens. Seems like problems are not infrequent, but I've only closed 1 deal with them... but we did close.

Times like this you need to get a hold of a good real estate attorney. Let him get to the bottom of things and explain the details of the process to you so that you know what you might expect next time. Sorry you are having this kind of trouble

keyword alerts Homesearch I don't blame Homesearch.com I blame listing agent, Wilmington national trust seller plan on calling them Monday , Alleghany County,  Pittsburgh , Pennsylvania thanks BP community love all your help and advice and support on this topic. 

Just getting back to the top of the page. (Sometimes it helps.)

Call the realtor/broker manager.  They will want to avoid a complaint.

Shawn Thom  he is independent I do not believe he is working for anyone but himself.

I see posts all the time questioning the need for a buyer's agent, and then I see posts like this one which is a perfect example of why you need a buyer's agent.

The listing agent could have been more courteous, but he was correct in that he represents the seller, not you. A buyer's agent may have made the closing go more smoothly for you. And why wouldn't you want someone representing your interests in something as big as a real estate transaction?

My experience with closings is that they are always chaotic, usually because of the lender. The lender waits until the last possible minute to get the paperwork together, and then starts making you jump through additional hoops in order to close.

Call the listing agents' broker. If he won't speak to you, threaten to file complaint with state licensing agency. I bet that listing agent won't be part of his team anymore. Agents are a dime a dozen. Brokers are not. If that doesn't work you need to contact seller directly and let seller know that his agent is screwing him. If that doesn't work it's lawyer time and you should be keeping a log of all calls / emails.
Originally posted by @James Miller :
Call the listing agents' broker. If he won't speak to you, threaten to file complaint with state licensing agency.

I bet that listing agent won't be part of his team anymore. Agents are a dime a dozen. Brokers are not.

If that doesn't work you need to contact seller directly and let seller know that his agent is screwing him.

If that doesn't work it's lawyer time and you should be keeping a log of all calls / emails.

 How would I go about finding out who his broker may be, Homesearch contract under broker name says NA . Thank you. 

Fred Heller, there is no lender involved , all I need to do is gain access for a DYE Test, and this guy will not show up to let a plumber in. (All cash deal). 

James Miller I just went on his real estate, company website and he is listed as Broker, his wife listed as agent/realtor .I'm assuming he may sell under his wife's license. I feel as if things may have gotten a little more complicated.

@Andy Ballester

 How did you get access to initially view the property, if you did?  Are you Sure you really need the agent to let you in...are you sure the doors and windows are "securely" locked? 

Originally posted by @Wayne Brooks :

@Andy Ballester

 How did you get access to initially view the property, if you did?  Are you Sure you really need the agent to let you in...are you sure the doors and windows are "securely" locked? 

 This^^^

I'm under contract for my 3rd "occupied" home with homesearch. I've never needed any assistance from the seller to get in the houses.

Originally posted by @Dana Whicker :
Originally posted by @Wayne Brooks:

@Andy Ballester

 How did you get access to initially view the property, if you did?  Are you Sure you really need the agent to let you in...are you sure the doors and windows are "securely" locked? 

 This^^^

I'm under contract for my 3rd "occupied" home with homesearch. I've never needed any assistance from the seller to get in the houses.

This is basically site unseen I had my general contractor go over to the house and scope the outside peak through windows and he told me to go for it . With 10 or so photos on MLS site.

working on US hospital ship at this time currently out of country 

Originally posted by @Fred Heller :

I see posts all the time questioning the need for a buyer's agent, and then I see posts like this one which is a perfect example of why you need a buyer's agent.

The listing agent could have been more courteous, but he was correct in that he represents the seller, not you. A buyer's agent may have made the closing go more smoothly for you. And why wouldn't you want someone representing your interests in something as big as a real estate transaction?

My experience with closings is that they are always chaotic, usually because of the lender. The lender waits until the last possible minute to get the paperwork together, and then starts making you jump through additional hoops in order to close.

 Yes he does represent the seller but a call from the unrepresented buyer simply trying to coordinate a test that needs to be done for closing shouldn't be answered like this.  Sounds fishy to me.

A dye test isn't just a city RE transfer requirement.  It is also a H&S mandate for any property suspected of improper taps or seepage.  The city can and will enforce the dye test on the owner.  Tell the broker you're forced to go to the city and file an an obstruction action.  Tell the broker that this is interference with contract and you will sue for damages/ losses after you close (the $1000 incentive plus).  Tell the broker that you will file a complaint with the state real estate commissioner and tarnish his license.  Tell the broker you will review him on multiple online platforms.  

Originally posted by @Account Closed :

A dye test isn't just a city RE transfer requirement.  It is also a H&S mandate for any property suspected of improper taps or seepage.  The city can and will enforce the dye test on the owner.  Tell the broker you're forced to go to the city and file an an obstruction action.  Tell the broker that this is interference with contract and you will sue for damages/ losses after you close (the $1000 incentive plus).  Tell the broker that you will file a complaint with the state real estate commissioner and tarnish his license.  Tell the broker you will review him on multiple online platforms.  

 Great advice I think this is what I've been looking for and will pursue after I try to contact seller today . And will send this to broker exactly how you spelled it out. Why I love this site I appreciate everyone's replies.

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Not sure why all of the repeated posts 

If the listing agent/broker is not cooperating you will need to take it up the chain. Contact the seller's title company and then the seller directly if their title company doesn't help.

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