Thread: Full Moon rising! Buyer`s agent has no concept of the meaning of an executed contract

We have a beautiful Ocean view Condo located in Aventura,Florida that we recently executed a contract. The buyer and seller both signed off to it last Thursday,inspections are set for today. It`s a no-brainer, everything is in proper order,or at least I was lead to believe by the other agent representing the Buyer!
Yesterday, we receive a call from the buyer` agent demanding that our seller start repairing the floors, the wall leading to the bathroom and wants to know how fast we can get this done!
We explain that when she wrote the offer, there weren`t any provisions to do the above mentioned repairs and that we don`t do anything unless it`s in writing for the seller to approve or deny!
The agent is very raw and believes that she can order us around because she didn`t properly do her job! She works for one of these Real Estate companies that bills itself as "Luxury Property Consultants"... I guess titles are everything, who knows!
It`s hard to imagine what transpires next!
The conversation is as follows:
Agent: My Buyer never saw the condo, he just bought it sight unseen!
Me: Excuse me! We have an executed contract,which means that the buyer signed off to the contract. How could he buy this condo sight unseen?
Agent: He took my word! I told him he would like it. It`s no big deal, you fix!
Me: We don`t do anything after the fact, if you wanted certain items repaired, you should have mentioned it in the original offer, it becomes a problem.
Agent: My buyer is very busy! They went into the condo and now want you to have your seller make repairs! Why are you so rude?!!!
Me: I`m not rude, do you actually understand what an executed contract means!?
Agent: It no matters, you need to fix.
During the next 10 minutes I feel that I`m talking to someone who has little or no idea what I`m asking her to do! She keeps ordering me around I keep explaining we need to see some sort of an addendum,to present to the seller.
After attempting to walk her through the process I finally give up and ask her to get either her Broker or anyone else, who I can talk to in order to "Move this forward"....
It`s the end of the month and The Full Moon is rising!

and...? I assume it went to her broker...what does he/she say when you explain her agents reckless behavior?

From the buyer's agents perspective, I'm curious about what anyone is doing to limit liability when selling a property (for relocation) sight unseen, where a buyer cannot even have a walkthrough prior to close...as home shoppers become more acclimated to viewing homes online, I think we will see (and are currently seeing) a rise in these purchases.

Its 2007, any body can get a decent digicam that can hold a few minutes of video. Send it to your client beforehand....voila.

Does she not understand the principle of "specific performance?"

I would not spend one extra moment wasting my valuable time explaining the meaning of what a "fully executed" contract represents. She is "presumed" to be a real estate professional, therefore holding a higher degree of knowledge of contract law and its implications than the general public. I may mention that "parole evidence" is not admissible in court, only the written word contained in the agreement between the parties. This is especially true in "specific performance" cases.

Its not up to your seller to bend over backwards to change any of the terms or conditions of the fully executed agreement, just to be a "nice" guy to the buyer. Should the buyer submit an amendment to the agreement, the seller is under no obligations to agree, as there is already a fully executed agreement. That would be at the buyers risk. Seller doesn't have to agree to anything more at this point.

I do not know what the relationship between the buyer and the buyers agent may be. I also do not know what the buyer agents had advised the buyer prior to submitting an offer, in terms of due diligence. However, if the buyer is remorseful now, sorry its too late. Can you say, "suing for specific performance?"

Good luck!