Bought my home and the ending was a nightmare

Donna Salmiery

Pharmacist · The Villages, FL · Member since 2014 · 96 posts · 36 votes

9y

How awful. Since you have closed, I don't think you have any repercussions. I would fire that real estate agent and definitely not recommend him or her. In the future, remember there are lots of other houses, and back out if everything is not as it should be.

Barbara McArthur

Jamestown, NY · Member since 2016 · 23 posts · 5 votes

9y

I suspect what the others have said is true...now that you've closed it's your problem. However, you can still go after the agents. My only additional two cents is go after their brokers also...both buyer and seller brokers. The broker is responsible for what his/her agents do. They also have "bigger pockets" so if a legal suit is filed they're more likely to have $$$.

Donna Salmiery

Pharmacist · The Villages, FL · Member since 2014 · 96 posts · 36 votes

9y

How awful. Since you have closed, I don't think you have any repercussions. I would fire that real estate agent and definitely not recommend him or her. In the future, remember there are lots of other houses, and back out if everything is not as it should be.

Greg H.Pro Member

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Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes

9y

Exactly what did the agents do wrong to make them legally/financially responsible ? Several issues here:

-The closing was more than likely delayed by the lender and/or the title company. This is a very common occurrence

-In regards to the condition of the property. Most of the issues probably existed when you first saw the property and were covered up by furniture, pictures and such. Why did you close if items that were supposed to convey were taken. I would send a demand letter requesting the items to be returned or you will take legal action

-Your agent could have and should have done a better job representing you. A good agent would have requested $$ or at the least have $$ put in escrow to cover the clean up of the property. Your agent blaming it on the listing agent is ridiculous. Like I said, your agent could and should have done a better job but in my opinion based on tour post does not seem to rise to the legal/financial level

Naveen Desai

Real Estate Professional · San Francisco-East bay, CA · Member since 2013 · 340 posts · 50 votes

9y

Hello, Don't you have a title Insurance? That is supposed to cover the cost of the purchase. Did you take loan on the property? Also not to ruin anyone's life, but hold responsible for their job. You should clearly talk to your realtor and mention about talking to local REA about his help to you ( and also report seller's agent). There is a possibility he/she may do more than just stating "they cannot do anything about it".

Sorry about your experience. After a purchase, it may be so soon to even have thought of, but have you checked on the cost/amount to make it livable for you. Not add the luxury's, but make it livable and then talk to insurance company. If at all you are looking for options- please inbox to connect. I am in Berwyn,pa now.

Thanks

Naveen.

Patti Rosepiler

Realtor · Jacksonville, FL · Member since 2017 · 71 posts · 26 votes

9y

You need to report it to the Pennsylvania Real Estate Commission. I know here in NC a realtors biggest fear is being reported to the commission. They notify their Broker In Charge and the crap hits the fan. They have to stand before the commission and answer for how it all went down. They could fine them, suspend license, etc. That should be your first step. Or, let it slide as lesson learned. Like Greg H. said above though, the closing being moved most likely had nothing to do with the agents. The lender can move it up to 2 weeks here if they need to. It happens about half the time.

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

9y

@Account Closed,

Get with your attorney and see there are any legal options - perhaps misrepresentation, or some other other options outlined in the local standard contracts, in addition to complaints filed with the professional commissions, etc.

If you saw it once in "showing" condition, and later saw it a shambles, the seller should bear some responsibility for their own fault. You might even be able to have the sale nullified due to the seller's failure to perform. Ask your legal counsel.

Barry DeGroot

Lender · Jamison, PA · Member since 2017 · 13 posts · 14 votes

9y

I have a lot of experience with issues like this in PA. If you used a standard PAR contract, the seller is to leave the home in what is called "broom clean" condition. Based on your facts, they did not, however; it sounds like most of the items were cosmetic in nature. Since you did have the opportunity to see the condition prior to closing and elected to close, it's going to be an uphill battle in some ways, but you could argue (1) that you had no alternative at the time because your mortgage was in place, your belongings were on a truck, etc., and (2) that you relied on your agent's representation that he would have it taken care of. Also, under the PAR form, there is a section (which if elected) requires mediation prior to litigation. It may be worth exploring the mediation option against the seller and the agent and may end up being a cost effective means to recoup some of your repair/cleanup costs. Check the local board of realtors website for more information on mediation options and/or consult with local counsel.

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Jay HinrichsBusiness Member

Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

9y

@David Dachtera running to an attorney over this is ridiculous why do people always default to this. not worth the time or money.

its a he said she said.. Agents are not responsible for owners actions..

the buyer should have if they were that upset not closed. and or insisted on a hold back.

since they closed they accepted it.. running to the real estate commission is also over kill.

if you truly have a beef if you want to go to mediation do that.. cost you a few grand.

I have mediated EM in PA pretty easy process and I won. buyer lost 10k and won.

also as for scheduling closings so tight that's just the problem with your wet closing situations

having to do things by a certain time in the day really makes for a lot of last second scrambling and errors.

just for perspective.. out our way seller comes in 2 to 3 days ahead of closing and signs.. buyer comes in and signs... property may record that day maybe next.

keeps these things from being so time critical

@Naveen Desai title insurance has ZERO to do with this were did you pull that up from ?

@Greg H. crazy replys to a very common occurrence... some peoples broom clean is others disaster.

all though not picking up dog poop now that is not right.

but buyer should have balked if it was really that bad.

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Chris K.

Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes

9y

@Account Closed

I understand your frustration. The most problematic part I see: according to you, your agent told you that he will take "care of everything" before the closing. He appears to have failed to do so. You arguably relied on his representation that he took "care of everything" when agreeing to close on the property.

That said, I assume all this was done orally and you have no written record of this conversation. So if he denies it, then it can become a battle of "he said, she said."

Now I'm a bit confused about the timing --- it sounds like you did your walk through on the 31st at 9 a.m. You closed around 10 a.m. (or so). What made you think that your agent could've taken care of those problems within that short-time period?

I suppose depending on the exact facts, you could try to escalate the situation to see if they would compensate you something for any damages you suffered. As others have suggested, you could threaten to report the incident to the commission. There is also the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"). The UTPCPL allows you to sue a person who engaged in "unfair or deceptive acts or practices." I won't comment on whether bringing a lawsuit is worth it, but the UTPCPL does allow you to file a complaint with the PA Attorney General.

If you decide to pursue, consult with your attorney before you do anything. Please note that what I wrote above is for general information. It's not a formal legal advice or me agreeing to represent you as a lawyer.

Chris K.

Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes

9y

@Account Closed

Forgot to add, I don't really see an obvious way for you to hold the seller and the seller's agent liable. As others have mentioned, you should walk away from the closing if you are not happy with the walk-through condition. And while it is true that the seller's agent owes you some level of duty (e.g. taking some reasonable steps to ensure that the seller didn't disclose false information on the seller's disclosure), I don't see any obvious wrongdoing from the short facts you gave.

If you want to pursue this, I again recommend that you sit down and talk to a lawyer. Some lawyers will charge for initial consultation, other's won't.

Account Closed

Johnson City, TN · Member since 2014 · 586 posts · 705 votes

9y

lesson number one: an agent will day anything to close the deal.

Steve Vaughan

Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes

9y

You've got to be kidding me. This stupid agent and the sellers all need to be taken to the woodshed here. I don't hide behind agents, so this would never happen to me, but if it did, you can bet Big Tony, Jimmy The Nose and I are gonna make this right.

Want something done right, make sure to check on it or do it yourself. The word of the transactional waste that only gets paid if you close must be verified personally. Should have not closed, obviously, but don't take this lying down.

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

9y

@Jay Hinrichs,

If he has "before" and "after" pictures, it should be "open and shut". He's not "defaulting" to anything. He's protecting his investment. If the attorney is respectable and ethical and thinks he's got a case, he needs to call the seller on the judicial carpet and hold him accountable. If the judge awards him damages to repair the house, that's what SHOULD happen!

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Jay HinrichsBusiness Member

Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

9y

@David Dachtera David my point is most of the folks out there and most certainly you.. have no clue as to how much litigation costs.. this is at best a small claims action.

whats it going to cost to clean a house broom clean.. couple hundred bucks maybe a1k to patch and paint a few door dings.. now if they took a sledge hammer too it like our beautiful tenants do that would be one thing.

I have had client think that the holes were pictures were hung should have been patched and painted LOL.. to the buyer it was a disaster to the seller its normal.

you really think the judicial system should be bogged down with HEY my seller left some dog poop in my new home...

Any attorney with any ethics would never take a case like this there is NO VALUE in it.

But I understand your in Illinois and Attorneys run your escrow closings you can't even do one yourself so I see where you have this default mechanism.

This is what a final walk through is for. You don't like it you halt the process.. And again to all those that want to make a federal case out of this.. in pretty much every state if you used the board of realtor or state forms. there is a mandatory mediation clause.. you can't even go to an attorney if you wanted to, you already agreed to mediation..

So lets turn this agent into the FTC that's laughable as well.. you guys ... holy cow.. get over it.

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John Chapman

Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes

9y

I gotta agree with @Jay Hinrichs . I'm a lawyer and I can't see any value in a lawsuit like the above. No reasonable lawyer would take it on a contingency and hourly rates and expenses would eat up any recovery, assuming you could even collect. There is nothing open and shut about a case like as it appears highly fact intensive. Only people I ever see file cases like this are dumb rich people who don't care about the money or people who have a close friend or family member as a lawyer. There's also the emotional component of a lawsuit that few really consider. It takes a long time to litigate a case and it's very draining and distracting. The stakes really need to be worth it. Stuff like the above happens, just shrug it off and move on. You'll be much better off in the long run.

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

9y

@Jay Hinrichs,

Unless you're willing to pay his repair bill, those decisions are best left to him. The way he described it, sounds like at least $20,000, maybe more. I realize that's chump change for you. For the rest of us, not so much.

The cost of litigation is typically borne by the party on the losing end.

Again, litigation is NOT the "default" in ANY state. It is the purpose of the judicial system: to hold guilty parties accountable.

We'll have to agree to disagree on the ethics question. To my mind, any attorney who refuses to prosecute such a case lacks ethics and should be disbarred, or at least fall into disrepute.

You're right about one thing, though: he should have cancelled the closing and been fully refunded after seeing the property's condition immediately prior to closing.

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Jay HinrichsBusiness Member

Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

9y

@Account Closed David thinks you should be disbarred LOL.

Oh man all these folks that default to litigation have never actually been in litigation have no clue as you said the expense the time.. the emotional drain.

and that is why RE contracts have Mandatory Mediation clauses it calms everyone down.

now in PA to be fair I mediated a 10K EM due me.. Buyer backed out day of closing for no good reason.. and of course wanted the EM back I said no way.. they would not release it.. so PA has a great mediation process I think I sent 550.00 my GREAT real Estate broker went to it and represented me.. and WE WON..

David

I am not a lawyer but I have been doing Real estate for 4 decades.. I have been in a few suits over the years.. primarily partnership squabbles ( you talk about emotional they are right up their with Divorces).

First off you have to PAY your attorney up front.

The loser does not automatically pay your legal fee's sometimes but many times the judge just gives a nominal amount.. I had one case were we won.. and I spent about 25ki.. judge awarded some weird number like 927.00... in other instances you get no legal fee's.. we don't have a loser automatically pays system in the States.. I Wish we did.. keep guys like you who want to run to an attorney for any little thing in check.

And like Tim Said the only one who would hire an attorney for the case presented is either a fool, or has money and just wants to punish someone because they are mad and the attorney taking the case has limited ethics as they should deny taking the case in the first place.. as frivolous.

your opinions are based not on reality and experience were as mine and Tims are .

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Wayne Brooks

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

9y

So, what type of gun did they hold to your head to make you sign the closing documents? Seriously, sorry for the experience, but you simply should not have closed without the repairs, or money back for them. Apparently, your agent just wanted to be done with the transaction, but should have told you the above. He didn't do you any favors, but any claim against the agents is baseless, you decided to close.

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Vincent IncoperoPro Member

Attorney · Elmhurst, IL · Member since 2016 · 255 posts · 161 votes

9y

BOTTOM LINE: If the property is not going to be delivered in the condition called for under the contract (broom swept, cleared of personal property except fixtures) OR in some lesser, albeit overall acceptable condition, at the time of the walk through:

1. funds need to be held back OR

2. repair credits need flow to the Buyer on the Master Statement.

Acquiescence is acceptance, that's not a case worth fighting or one that any sensible lawyer wants to take as the results obtained on behalf of the client will likely fall short of the legal costs expended obtain the same.

AT THE END OF THE DAY, THE BUYER HAS THE MOST LEVERAGE IN A SALE AS THEY HOLD THE PURSE (AND THE SWORD). NO PURSE, NO SALE; NOT ACCEPTABLE, SELLER GETS THE SWORD!

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

9y

@Jay Hinrichs,

You need to let go of that "default to litigation" thing - no one does that, and if you think they do, you need to adjust your thinking.

Litigation is NEVER a first choice. It's a last resort when all else fails, but cannot be written off either.

Nothing EVER goes to court without consulting legal counsel FIRST! (who should be someone you know / trust) I sincerely hope that's enough said ...

The way it looks to me, you "default" to thinking "the other person (me) is stupid and doesn't know what they're doing / talking about". If that is, indeed, the way you think, then THAT is what's broken, and you need to change it double-pronto, IMO.

Adam P

Investor · Chicago, IL · Member since 2010 · 76 posts · 55 votes

9y

That is really tough. You should have never have closed on the purchase. Your realtor works on commission, so often times their major motivation is to ensure sale closes so that they get paid. That is why he coerced you into still making the purchase that day.

It sounds like your issue is with your realtor who gave you terrible advice. The whole point of the final walk through is to find issues like this. You likely could have delayed closing until it was all fixed, or even easier would have been receive payment at the closing table to cover all costs.

Have you valued what the cost to clean and repair is? What you are describing sounds very similar to when a very long term tenant leaves one of my apartments. People who don't move often find it very stressful, so often just pack up and go without thought of how a lived in now empty home looks. The seller's may have had no ill intentions, and were highly stressed moving and just picked up and left.

This sounds to me like it would be in the $500 - $2k range. Not enough to sue over (legal fees would be far more than that). However it is small enough you may get something back from the broker of your buyer's agent in exchange for you not escalating the issue. They made 3% of your purchase price, and didn't really fulfill their end of the bargain.