Listing Agent Denied 2nd Bank's Appraisal Request and Blocked My Agent's Number

Listing Agent Denied 2nd Bank's Appraisal Request and Blocked My Agent's Number

Member since 2023 · 9 posts · 1 vote

Hi, I have been under contract since 9/15 and my 30 days to get a bank commitment letter is due this Sunday but really 10/13 (Friday). The listing agent has been unprofessional and ethical since the beginning. This is the listing agent’s own business so there’s no one else I can reach out to at the business to complain or ask for help.

I was working with Bank 1 since the beginning but I decided to go with Bank 2 about two weeks ago. Bank 2 tried to schedule an appraisal with the listing agent last Friday (10/6) and she denied the appraiser access because according to her, an appraisal has already been done with Bank 1. Is this legal?


My lawyer already told the seller’s lawyer that I am moving forward with Bank 2.

I did not order the appraisal from Bank 1 and they didn’t cancel on time so it was done anyway without my approval. I confirmed with Bank 1 that my application was cancelled and I will not have to pay for the appraisal.

The problem now is the listing agent initially denied the Bank 2 appraiser access to do an appraisal which is now delaying everything. Today (10/9), my lawyer communicated with the seller’s lawyer and the seller’s lawyer said the listing agent will NOT show the apartment to the Bank 2 appraiser. Instead, the appraiser can get the key themselves at the business. I don’t even know if this is something the appraiser can and will do. I imagine it’s not their job! 

The listing agent also BLOCKED my agent’s number so my agent cannot reach her.  The listing agent also relisted the property back to active sale on all sites as of 10/4.  Meanwhile, we are still under contract.  Is this legal?

Bank 2 has not scheduled the appraisal yet and the request has been expedited. My concern is that the appraiser cannot get access to the apartment. The listing agent is actively sabotaging this sale and I don’t know what we can do about it. Please advise.  Thank you. 

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
3y

@Jenny Ng Nothing wrong with the appraiser picking up the key from the listing office….rude, but doable.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    3y

    Send a financing denied letter due to no appraisal and cancelation of contract notice to the listing agent and sellers lawyer. That may catch their attention.

  • Member since 2023 · 9 posts · 1 vote
    3y
    Quote from @Russell Brazil:

    Send a financing denied letter due to no appraisal and cancelation of contract notice to the listing agent and sellers lawyer. That may catch their attention.

    Thank you but for some reason, I think that’s what the listing agent wants us to do so she can resale the property. I don’t think she wants the sale to go through. She’s  extremely volatile, impulsive and unpredictable. I don’t know if the sellers are aware of what the listing agent is doing (blocking my agent’s number so there’s no contact and denying a second appraisal. Is it legal or possible for me to speak with the sellers directly? I know the sellers want to sale because it’s an estate property and it has been listed for months. Thank you 
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    3y

    @Jenny Ng Nothing wrong with the appraiser picking up the key from the listing office….rude, but doable.

  • Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    3y

    @Jenny Ng - seems like a messy situation. If the listing agent communicated that the appraiser can pickup the key from the office then that's doable. 

    FYI your agent should also be involved in the appraisal process so maybe they could pickup the key and let the appraiser in. 

    I get the sense that there's more going on behind the story. 

    From a seller & seller broker's perspective, changing the financing bank late in the game is usually a cause of concern because it starts to raise doubts about the buyer's ability to secure financing - just FYI. 

  • Real Estate Agent · Miami, FL · Member since 2022 · 238 posts · 102 votes
    3y

    I am sorry you and your agent have to work with such an incompetent listing agent/broker. My client and I just closed on a similar transaction in Queens, where the listing agent/broker was the owner of the franchise, and she was cease and deceased by her clients' attorney for unprofessionalism. Now I'm curious if this is the same lady!

    I think, the attorneys have to schedule a conference call with the seller and ask the seller if they're okay with giving access to the property to the appraiser and give you a 7-day extension. The listing agent has no right to decide on the sellers' behalf unless they signed a specific form that she is required to provide upon your request.

    It is normal these days to change banks before appraisal due to high interest rates. Buyers are shopping and chasing the best terms possible. 

    Also, I agree, the buyers agent could pick up the key from the office if the seller is ok with that. The agent is a NY licensed specialist, so it should be a safe action.

    Ask your attorney to push for a conference call with the sleers' attorney and the seller. 

    Hope it works out for you and the sellers as well!

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

    There's a lot wrong here...

    Under-Contract. You're still under contract so no - the agent cannot list the property for sale. It's pending. This is a violation of not only real estate law but the MLS professional practices. Resolution: Your realtor needs to get a back-bone and advocate for you - something that is obviously not happening. Bypass your realtor and call his/her broker.  Have the broker file a complaint with the MLS and Realtor's Association over this violation. The MLS responds quickly. The Broker can also call the listing agent and advise that further action will be taken if not corrected.

    Blocking Your Realtor.  No telling what led to this. If your realtor has been incompetent, dishonest, or abusive (all which I have encountered myself), it still is not permissible; there are professional standards of cooperation that torment all of us when dealing with those who can be challenging.  If the listing agent cannot work with your realtor, she should have contacted the broker and ask the broker to step in and take over the transaction.  It does sound to me like your realtor lost control of the buyer side of the transaction which has led the listing agent to believe that you are unwilling/unable to close.  Still - only the buyer can cancel a transaction if in compliance.  

    Financing/Appraiser.  There are two issues at hand. I'm sure you gave a preapproval letter to the listing agent with your contract and they relied on that preapproval as evidence that you had financing in place.  You went through the appraisal process - and then change banks.  As a Broker, that tells me that you did not qualify for financing.  Appraisal shopping is a red flag event.  So, here's a question for you:  how was the change in banks/financing shared with the listing agent?  Did your realtor communicate why you were doing it?  Did you get a second pre-approval letter?  Did your 'new' bank advise that they could meet the loan commitment deadline? And, she's not denying access - she's just not investing her time in something that looks like a long shot. Appraisers pick-up keys all the time; they schedule through the listing agent - not you.

    Soooo - what a mess.  Always fun when everyone is to blame.  My recommendation is to call your realtor's broker and have the broker intervene NOW.  Your realtor should have done it - even if she sees you closing as a long shot too.  You need a second preapproval letter to be taken seriously.  Miss one contractual deadline and it's game over with the seller retaining your escrow.  Call the Broker now. Call your Lender next.  Time is of the essence so get on with it.  

    Geez...

  • Erik EstradaBusiness Member
    Lender · Member since 2022 · 6k+ posts · 1k+ votes
    3y

    I agree with Patricia, 

    Get the broker involved asap. 

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