Thread: Seller's realtor not doing his duty

Not much sense here...
Assuming you won't buy the property, is there a limitation clause in your contract?

There is a Home Inspection Clause in it.
However we are very interested in the house and want to push/coerce the seller realtor to present the information to his client.

Thoughts?

The inspection clause without limitation, like here in TN, is like buying AS IS. Assuming there is no limittion clause, if you like the property, ask the seller's realtor to be present when it's time to present any document...

Originally Posted by nextbond

Hi,
We made an offer on a house and after Home Inspection found some issues.

The seller's realtor asked for estimates for repairs. After 3 days, he claims he wants a letter from seller attorney to re-negotiate price or credit. He informed us that he has NOT presented estimates to seller.

Is this ethical? What recourse do we have against him, as buyers?
Can I report him/file a complaint to a regulating agency and/or MLS?
We are in Illinois.

Thanks

You have fully executed contract with home inspection contigency in it? Licensed home inspector found some issues that were not disclosed to you before?
If so, stop talking to realtors and go through attorneys (this advice only works assuming both you and the seller are represented by attorneys in your state). It's not a matter for the listing agent at all.

You can put any price on repairs of the issues mentioned in the report and re-negotiate the price. Have your attorney send a letter to the seller's attorney and establish a time frame for response. Enclose the report from a licensed home inspector if you want. Now you are in the process of negotiating a price again. If you have meeting of minds again - you get the house, if not - you back off and get your earnest money deposit back. No worries

There are a LOT of unanswered questions here. Do you have your own realtor? Did you preform an inspection response? In Indiana, you normally have a negotiated time frame at the initial offer to have an inspection done and then complete an inspection response- no response=acceptance of the property.

Consult your realtor, if you have one. If not, you may be able to contact the local licensing commission regarding your situation, but would likely best be served by an attorney that specializes in real estate. You may not want to put the money out for an attorney, but it could save you a lot more in the long run.

I had a similar issue a couple years ago in Missouri purchasing a house. We asked for them fix problems found in the inspection....they said they would not fix all of them....we had to make a choice to purchase the house in spite of issues or walk away. We paid out over $500 in attorney's fees and had to walk away.

I hope your situation works out better. Good Luck!

Originally Posted by publicrealty.org

I had a similar issue a couple years ago in Missouri purchasing a house. We asked for them fix problems found in the inspection....they said they would not fix all of them....we had to make a choice to purchase the house in spite of issues or walk away. We paid out over $500 in attorney's fees and had to walk away.

I hope your situation works out better. Good Luck!

It's sad... losing $500 attorney fee over a house in Missouri which's probably worth not more thatn $100K....

Addressing an issue of losing attorney's fees - there is a solution: I always recommend to my buyers paying the attorney's fee ($900-1000 in Brooklyn) upfront and signing a retainer that contains language securing the terms that attorney's fee is non-refundable; the attorney will represent this buyer during 12 months no matter how many contracts he has to work on; fee for each additional contract is $100.

Situation of publicrealty is not uncommon. The buyer should feel secure that if a contract has to be voided (for whatever reason, not necessarily because the seller refused to do repairs) - there will be no need to hire another attorney or pay multiple attorney's fees.

That should work for any state where attorneys are involved in transaction anyway.

Originally Posted by nextbond

Hi,
We made an offer on a house and after Home Inspection found some issues.

The seller's realtor asked for estimates for repairs. After 3 days, he claims he wants a letter from seller attorney to re-negotiate price or credit. He informed us that he has NOT presented estimates to seller.

Is this ethical? What recourse do we have against him, as buyers?
Can I report him/file a complaint to a regulating agency and/or MLS?
We are in Illinois.

Thanks

First of all there is a Board of Realtors. You don't report a problem about a home inspection to the MLS - Multiple Listing Service. What are you more concerned with? Do you want to work out the issues to purchase this home or is your priority to file a complaint against the sellers Agent. Do they have a main number, Have an agent call for you or call yourself and ask to speak with the offfice manager. Meanwhile the inspection contingency time passes by. Have a great day.

Originally Posted by Blue_Pearl_Granite

Meanwhile the inspection contingency time passes by. Have a great day.

Nothing passes by. If the buyer somehow informed the other party that results of home inspection are not satisfactory - home inspection contingency will not "pass by".

This whole thing "listing agent did not present estimates to the seller" is kinda overrated. Who cares if he presented it yet or not? Apparently, the listing agent wants both attorneys to get involved...And this is the right thing to do.

OP reads: " listing agent claims he wants a letter from seller attorney..."