Buyers agent rude lost deal for his client

Buying & Selling Real Estate
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Buyers agent rude lost deal for his client

Marie Fox
Member since 2021 · 3 posts · 0 votes

I am a seller of a property and I refused to extend the closing date of the property I am selling. I did so because of an email that the buyers real estate agent sent to our real estate agent. Basically it told me I have three options. I chose an option not listed by the buyers agent and it was to not extend the contract. If i could post what the buyers agent sent to our agent y’all’s mouths would be wide open in disbelief. I love my house but my husband really wants to sell it and move about 15 minutes further out from my work. I want to make him happy but I feel like no matter what happens with this deal I don’t want to have the buyers agent reap any money from the deal because of the email. He was completely out of line. I don’t have to sell my house but need advice if I decide to deal with these buyers. Right now we are out of contract. 

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Patricia Steiner
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y

The worst part of what I do is having to tolerate agents who are "all hat, no cattle."  The more contentious the agent, the more you can be assured that he/she doesn't know what they're doing.  The drama and tantrums are all to cover up the fact that the buyer is not in compliance. He's about to lose his commission and the buyer's escrow if he doesn't force you to take what is behind door #3.  You definitely don't have to play his game and he certainly isn't worth the emotional baggage.  What you can be is happy you're not married to him!  He must be fun to live with...

You definitely do not have to extend the contract. Depending on the reason and the length, it is added risk. But if it's the right price and you dread starting the process/showings/agents all over again, I recommend contacting the agent's broker.  Let the broker know that you are unwilling to have any contact with the agent due to his unprofessional behavior.  Suggest that if the broker is willing to intervene and deal directly with you, then you would be willing to extend the contract for a short period of time - with additional non-refundable deposit (if it's more than a few days).  If agreeable, ask the broker to prepare/submit a Contract Addendum to you with those terms noted (including that the seller will conclude the transaction directly with the broker).  

Show the agent that he missed an option - and that option is to move forward without him.  Just leave the trash at the curb...

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  • Polo VazquezPro Member
    Real Estate Agent · McAllen, TX · Member since 2017 · 382 posts · 281 votes
    5y

    If you are out of contract odds are that all the contract protections for the buyer have now expired and therefore you can now decide not to sell them anything and take their earnest money. That's what I would do. Take their earnest money and relist it. I know starting over sucks but at least you made some profit already hahahaha!

    Now, I'm just an agent. I'm not a lawyer and I haven't even looked at your contract so I cannot tell you with certainty that you can now take their earnest money. Ask the realtor representing you. He can surely at least refer you to someone that can.

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    It sounds like there are two different things going on from what you wrote.  One is you don't really want to sell the house, but are doing so to make your husband happy.  The other is you are letting emotions get in the way with the sale and punishing the buyer because their agent was rude.  

    How long did they want to push closing back and will that affect the purchase of your new home (assuming you've got one under contract)?  How long was your house on the market and what was the interest like?  If you got a good offer quickly, you can counter that you will extend the closing (assuming they aren't talking about a day or two), but the buyer needs to up their offer.  

    3Reply
  • Eric James
    Investor · Malakoff, TX · Member since 2017 · 2k+ posts · 2k+ votes
    5y

    This is why people need realtors. Owners can respond based on emotion.

    5Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    5y

    No reason to deal with unpleasant people. Particularly in this market. Someone else will snap it up.

    3Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y

    in a buyers market U suck it up.. in a hot sellers market you can do what you want in reality.

    I know I have given deposits back in the last year to buyers who were just not nice and if they start off not nice

    they dont get better.. as for cranky rude agents it happens.. I was with one yesterday on one of my new builds and she 

    has her client there with her and starts to pin me down on when it will be done.. and of course right now who the heck knows with the supply chain issues all of the US is experiencing..  She even dropped a few F bombs in front of me and my client . So for me it was like NOPE cant tell you when it will be done sorry .. But logic dictates since its my construction loan I want to do it as fast as I can.. 

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  • Account Closed
    Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    5y
    Originally posted by @Marie Fox:

    I am a seller of a property and I refused to extend the closing date of the property I am selling. I did so because of an email that the buyers real estate agent sent to our real estate agent. Basically it told me I have three options. I chose an option not listed by the buyers agent and it was to not extend the contract. If i could post what the buyers agent sent to our agent y’all’s mouths would be wide open in disbelief. I love my house but my husband really wants to sell it and move about 15 minutes further out from my work. I want to make him happy but I feel like no matter what happens with this deal I don’t want to have the buyers agent reap any money from the deal because of the email. He was completely out of line. I don’t have to sell my house but need advice if I decide to deal with these buyers. Right now we are out of contract. 

    Why not wait a week and see what other offers come in. 

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Bruce Woodruff:

    No reason to deal with unpleasant people. Particularly in this market. Someone else will snap it up.

     True except it isn't the buyer, but their realtor.

    1Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    The worst part of what I do is having to tolerate agents who are "all hat, no cattle."  The more contentious the agent, the more you can be assured that he/she doesn't know what they're doing.  The drama and tantrums are all to cover up the fact that the buyer is not in compliance. He's about to lose his commission and the buyer's escrow if he doesn't force you to take what is behind door #3.  You definitely don't have to play his game and he certainly isn't worth the emotional baggage.  What you can be is happy you're not married to him!  He must be fun to live with...

    You definitely do not have to extend the contract. Depending on the reason and the length, it is added risk. But if it's the right price and you dread starting the process/showings/agents all over again, I recommend contacting the agent's broker.  Let the broker know that you are unwilling to have any contact with the agent due to his unprofessional behavior.  Suggest that if the broker is willing to intervene and deal directly with you, then you would be willing to extend the contract for a short period of time - with additional non-refundable deposit (if it's more than a few days).  If agreeable, ask the broker to prepare/submit a Contract Addendum to you with those terms noted (including that the seller will conclude the transaction directly with the broker).  

    Show the agent that he missed an option - and that option is to move forward without him.  Just leave the trash at the curb...

    14Reply
  • Henry Lazerow
    Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes
    5y

    You never want to get emotional over a business deal. @Polo Vazquez you sound like you dont know what you are doing and offering awful advice as a licensed realtor. You very rarely can take the earnest money and typically any attempts (on a savvy buyer) result in a lien on title making it impossible to sell the asset. The correct way of handling it is professionally and un-emotionally. Just curious how much do you close a year? I did 26 million last 3 years almost exclusively investment sales, biggerpockets needs to show sales for realtors so consumers know who's advice to ignore. 

    2Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    5y
    @Henry Lazerow:


    Don't worry - we can tell who has experience just by their posts...

    0Reply
  • Jeffrey Donis
    Investor · Durham, NC · Member since 2020 · 1k+ posts · 691 votes
    5y

    @Marie Fox I agree with @Polo Vazquez. It sounds like you don't need to sell, so if you don't want to, you can find another buyer with a different agent. 

    Good luck!

    0Reply
  • Marie Fox
    OP
    Member since 2021 · 3 posts · 0 votes
    5y

    Thank you for all the advice. @Patricia Steiner yours I feel was the best. This is a very large sale and we had 4 offers on our home within 3 days and we had turned down 3 of them. The problem was the appraisal was not done until 7/8 and we were supposed to close on 7/9 which we knew was not going to happen the email was completely uncalled for. We had to cancel our movers that we had on 7/7 and lost the company money. We had our agent checking constantly about the appraisal date and there was a vague response or no response by the buyers agent. We are going to Alaska for 2 weeks and made it clear we had to close by this date several times or we would not be able to close until we returned. We did not move on 7/7 because we have a pool to take care of at the home we are selling and lots of mowing because the property is 62 acres and we mow about 3 acres of it every week. Plus without a final approval from the lender we were not going to move and then the buyer not be able to get the financing. 

    0Reply
  • Craig Janet
    Member since 2019 · 223 posts · 261 votes
    5y

    So what are you going to do if the next realtor is rude? Are you going to weasel out the deal again? Delays in closing are very common. Think about the buyers. They may have found their dream home and now they are stuck with this realtor. You are canceling the sale because of some words you didn't like. 

    0Reply
  • Chris John
    Member since 2020 · 671 posts · 937 votes
    5y

    @Craig Janet

    "So what are you going to do if the next realtor is rude?"  I'd hope the seller would walk again.  We all should.  It's easy.  Realtors are making tens of thousands of dollars on a deal.  They need to earn this.  It's not a given.

    "Are you going to weasel out of the deal again?"  Well, the next time the seller weasels out will be the first time.  If conditions aren't met, conditions aren't met.

    Are you completely serious or just trying to hop people up?

    2Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y
    Originally posted by @Marie Fox:

    Thank you for all the advice. @Patricia Steiner yours I feel was the best. This is a very large sale and we had 4 offers on our home within 3 days and we had turned down 3 of them. The problem was the appraisal was not done until 7/8 and we were supposed to close on 7/9 which we knew was not going to happen the email was completely uncalled for. We had to cancel our movers that we had on 7/7 and lost the company money. We had our agent checking constantly about the appraisal date and there was a vague response or no response by the buyers agent. We are going to Alaska for 2 weeks and made it clear we had to close by this date several times or we would not be able to close until we returned. We did not move on 7/7 because we have a pool to take care of at the home we are selling and lots of mowing because the property is 62 acres and we mow about 3 acres of it every week. Plus without a final approval from the lender we were not going to move and then the buyer not be able to get the financing. 

    Buyers agents dont order appraisals, dont deal with the appraiser at all. Your agent should be well aware of that. The listing agent should be in contact with the appraiser once one is assigned to the job.

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  • Marie Fox
    OP
    Member since 2021 · 3 posts · 0 votes
    5y

    My real estate agent was in contact with the buyers agent and he said he was on top of it.

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    @Russell Brazil

    I respectfully disagree with the last sentence; the buyer has the burden to meet/adhere to the financing terms of the contract and therefore the buyer's realtor is the professional to overlook that process. For my buyers (and I'm sure you do the same), I coordinate/manage all resource partners to the terms of the contract - including the lender.  I'm in it to not only close but to protect my buyers' escrow deposits.  Inspection and Financing are the main contingencies of most contracts.  If there's a problem with condition or valuation, I'm going to know that sooner versus later when I can cancel if needed and get the buyers' escrow returned.  That's on me.  If the lender can't get an appraiser out during the contingency period, something else needs to happen and fast. I won't wait more than 10 days for it.  Let's face it, getting "an appraisal done" means having the appraiser visit the property, then getting the report submitted, then having it go for review, and then to underwriting.  That doesn't happen in a day anywhere on the planet.  It is a fact that the buyer doesn't control the appraisal process but again it is the buyer's hurdle per the contract to meet that obligation.  

    And, to your point, Mr. Brazil - and one well stated and taken - no value-added listing agent would have allow this to happen either.  

    I have no idea what happened here but I know this:  having an appraisal completed a day before closing is malpractice.  Neither party should have found it acceptable.  It's simply not.  Realtors don't get the credit they deserve for the transactions they successfully and seamlessly have completed each and every day.  But when one goes bad and one of our own doesn't do their job professionally, we are obligated to call it for what it is:  indefensible.  

    1Reply
  • Chris John
    Member since 2020 · 671 posts · 937 votes
    5y

    @Patricia Steiner

    Thank you for clarifying that.  I don't know enough about who's responsible for what in terms of buying and selling agents, but I do know that as a buyer, my agent has typically been very involved in coordinating the appraisal and making sure it's getting done.  I was really confused by Russell's comment, but it makes sense that the selling agent is technically responsible but the buying agent has a big incentive to make sure it goes well.

    0Reply
  • Polo VazquezPro Member
    Real Estate Agent · McAllen, TX · Member since 2017 · 382 posts · 281 votes
    5y

    @Henry Lazerow Please read posts throughly before going on critizing them. I specifically stated that "this is what I would do" and that "I cannot tell her with certainty that she can take the earnest money." 

    Forums are about providing possible solutions to people's problems. If the person that posted this question did not want to sell the home anyway, canceling the sale and tryiing to take the earnest money might be a possible solution that he/she might want to explore further to see if it can be done or not.

    By the way, the rules and difficulty of taking earnest money is state dependant so don't criticize me based on your state's rules and regulations.

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