The Nightmare Closing, Help I'm scared

The Nightmare Closing, Help I'm scared

Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes

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 .

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
11y

@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? 

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  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    11y

    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

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    11y

    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.

  • Investor · Chicago, IL · Member since 2015 · 677 posts · 309 votes
    11y

    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

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

    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. 

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

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

  • Investor · McKinney, TX · Member since 2012 · 588 posts · 224 votes
    11y

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

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

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

  • Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
    11y

    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.

  • Attorney · Fort Worth, TX · Member since 2015 · 372 posts · 176 votes
    11y
    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.
  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y
    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. 

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

    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). 

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

    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.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    @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? 

  • Dana WhickerPro Member
    Investor · Fernandina Beach, FL · Member since 2014 · 557 posts · 374 votes
    11y
    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.

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y
    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.

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

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

  • Residential Real Estate Agent · Tampa, FL · Member since 2014 · 177 posts · 122 votes
    11y
    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.

  • Investor · Sacramento, CA · Member since 2015 · 1 post · 0 votes
    11y

    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.  

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y
    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.

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

    Not sure why all of the repeated posts 

  • Investor · Richmond, VA · Member since 2014 · 88 posts · 22 votes
    11y

    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.

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y
    Originally posted by @Mike Oconnell:

    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.

     I've been working with there title company for this whole process the lady whom I have been corresponding with has been extremely helpful but she has a problem with listing agent responding also. Recently she has had brief contact with seller waiting on email reply of how we are going to move forward .

  • Bridgeville, PA · Member since 2013 · 395 posts · 105 votes
    11y

    Unfortunately these REO companies and websites have contacts they make you sign that binds you to everything and them to nothing, in fact I can't remember the last time I got a signed contract back from them.

    I do a bunch of deals on Hubzu, Auction.com, homesearch.com ECT for my self and my clients. 

    Your best bet for next time is to use an agent that knows the process, it won't cost you anything they get paid from the REO company and if they are experienced they already have a working relationship with Rick, or David or Libby.

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

    Just a quick update I just got email from title company they told they just got off the phone with listing agent and we are not getting anywhere with this guy, (not sure of conversation ) they faxed  over all closing procedures also faxed them to my buyers agent and was told to proceed with closing I'm don't know how this is going to help with DYE Test , I'm sure listing agent is not going to give key code for property. Also just got off of there website and looked at there property listing for sale and the property is still listed for sale at 12000$ more than what I'm paying original listing price, I have this Under contract I have placed earnest money and today received a closing date of July 7th from title company. I'm still a new investor but I'm pretty sure something is illegal and just plain wrong about this does not say under contract says For Sale. I was thinking about calling and inquiring about property just to see what they say. THOUGHTS???!!!

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    11y

    One more time at the top, just not sure why listing agent has this property still listed for sale isn't this illegal .?????

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