Replies to This Discussion

Permalink Reply by Bryant Tutas on April 22, 2010 at 8:28am

Patrick. If the contract was fully agreed and signed by all parties then you have a contract. You need to seek legal advice.

Permalink Reply by Katerina Gasset on April 22, 2010 at 8:32am

I agree with Bryant.

Permalink Reply by Alan Remigio on April 22, 2010 at 8:36am

To add to Bryant's comment...was there $$ given with the contract?

Permalink Reply by Sam Purtle on April 22, 2010 at 8:36am

Patrick,

I can only speak from my own experience (Oregon) although it would seem to me that if the contract was signed and agreed to the listing agent needs to present your clients offer to the lender. A home can only be sold once which leads me to believe that the listing agent is not acting in good faith. I would speak to your principal broker and have that individual call and discuss the matter with the listing agents principal broker.

If you are both principal brokers then file a complaint with your MLS and CA real estate board. If the listing agent is a Realtor®, she needs to adhere to the code of ethics and professional standards as well as any local rules governing short sales in your area. I for one would not take this lying down.

Regards,

Sam Purtle, Broker
Windermere Realty Group
Portland OR

Permalink Reply by patrick mahin on April 22, 2010 at 8:45am

yes there was money given with the contract. I think that she good a better offer and she wants the 6% instead of the 3%.

Permalink Reply by patrick mahin on April 22, 2010 at 8:48am

yes there was money given with the contract. I think that she good a better offer and she wants the 6% instead of the 3%.
Alan Remigio said:

To add to Bryant's comment...was there $$ given with the contract?

Permalink Reply by Alan Remigio on April 22, 2010 at 9:10am

Listen to Sam. Get on it quick with your broker and hers.

Permalink Reply by patrick mahin on April 22, 2010 at 9:17am

we have treid but she will not return our calls

Alan Remigio said:

Listen to Sam. Get on it quick with your broker and hers.

Permalink Reply by David A. Roebuck on April 22, 2010 at 3:22pm

Patrick, If the other Broker won't return your Broker's phone calls then have your Broker call that Broker's office phone and leave a message, that Broker's cell phone and leave a message, fax and email that your Broker has a serious matter that needs that Broker's immediate attention. If that Broker does not answer either phone message, the fax or the email then the next would be to visit their office if it's local. After all this your Broker could certainly bring ethics charges against the other.
Also you mentioned she would be getting the 6% instead of 3% - is the second offer an in-house offer? This is called "shopping offers" and is illegal, especially when one is in-house and the other is not. GOOD LUCK!!