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Posted by
Patricia Rhoads

Is my realtor liable for my house not selling?

My husband and I signed a contract with a realtor from our church. He's a very older man and I've known him for over 10 years. However, he did mot tell is until after we signed the contract that he just got back into real estate from taking a break.... We had a full offer from one of the 1st few showings but he didn't understand what an FHA loan was so he told us that we (the sellers) would have to pay $6k for the buyers, NOT including closing costs. He told us to raise the offer $6k and the buyers said no and moved on. He then later came back and said he was taking out FHA and VA loans for consideration......we did not have another offer since the first. Also the pictures he took of our home were bad. I had to call his boss after almost 4 months of no progress to complain about everything. I had my sister come take new pictures. Everything that I told our realtor to include on our listing (new washer/dryer/fridge included, etc..)had not been put in. I've done all the work.

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Is my realtor liable for my house not selling?

By Patricia Rhoads   
Posted on Jul 09, 2017 in Topic: Home Selling
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My husband and I signed a contract with a realtor from our church. He's a very older man and I've known him for over 10 years. However, he did mot tell is until after we signed the contract that he just got back into real estate from taking a break.... We had a full offer from one of the 1st few showings but he didn't understand what an FHA loan was so he told us that we (the sellers) would have to pay $6k for the buyers, NOT including closing costs. He told us to raise the offer $6k and the buyers said no and moved on. He then later came back and said he was taking out FHA and VA loans for consideration......we did not have another offer since the first. Also the pictures he took of our home were bad. I had to call his boss after almost 4 months of no progress to complain about everything. I had my sister come take new pictures. Everything that I told our realtor to include on our listing (new washer/dryer/fridge included, etc..)had not been put in. I've done all the work.
Status: Open
Viewed: 800
Asked by: Consumer
Posted: 5 months ago
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Silver
Michael Jobin
about 5 months ago
Hi Patricia,

I am so sorry you are having issues with your agent and broker and selling your home. As with any contract, you do have options. If the broker's firm has not completed their side of the contract, you have the ability to cancel the contract. I suggest you talk with the broker of the firm to see if you can come to a mutual agreement to remedy your concerns. I also suggest you speak with a real estate attorney who can guide you on what each party is legally responsible for in the contract and possible remedies for failure to fulfill the contract.

In addition, Texas Real Estate Commission is the regulating body of Real Estate brokers and agents in Texas. They have a complaint form (link below) you can submit.

If I can be of any service in the future, please do not hesitate to call me.

Michael Jobin
C&K Properties
713.545.2314
MJobin@Jobee.com


Source:


https://www.trec.texas.gov/public/how-file-complaint\nhttps://www.trec.texas.gov/forms-and-contracts/complaint-form

about 5 months ago
Gold
Mark McNitt
about 5 months ago
Hello Patricia. Your horror story is a perfect example of why you need to interview your Realtor, even if it is someone you know. Examples of what they have done in the past, examples of photos of other listings, their marketing plan, explaining how the process works when an offer comes in, etc. Too many details to go over here, but you want to work with an experienced Realtor, not someone just getting back into the business. Google their name to see more information on-line. If your Realtor is active in this 21st century world that lives on the Internet, you will be able to see them as a successful, engaging and experienced Realtor. If they are not quick to correct issues you see, then this is a sign they are not the right Realtor for you. So sorry.

Mark McNitt
832-567-4357
www.MarkKnowsHouston.com
Bernstein Realty


about 5 months ago
Bronze
Amanda Culembourg
about 5 months ago
Hello Patricia!
How absolutely frustrating! I sure hope you are able to find a resolution soon.
As a REALTOR®, we are held to a very high standard of professionalism. Realtors are required to complete hundreds of hours of training and successfully complete state and national level tests. In addition to this, there is continuing education requirements. We are to abide by a code of ethics, ever changing laws and legislature. Local level MLS board rules etc. Even with all of this, there are some instances where we see other colleagues miss the mark. It is unfortunate.

Reporting to TREC: https://www.trec.texas.gov/forms-and-contracts/complaint-form
https://www.trec.texas.gov/sites/default/files/pdf-forms/CN 1-2.pdf

Thanks and best wishes,
Amanda (AJ) Culembourg SFR
RSPS AHWD BPOR CHMS REALTOR®
Stanfield Properties
Phone: 409-370-6339
OFC: (281)482-7000, ext. 120

www.HAR.com/AJ
www.Facebook.com/RealEstateFriendswood

For Information About Brokerage Services - click below:
http://members.har.com/mhf/terms/dispBrokerInfo.cfm?sitetype=aws&cid=620382



Source:


https://www.nar.realtor/about-nar/governing-documents/the-code-of-ethics\nhttp://web.har.com/mls/MLSRules.pdf\nhttp://web.har.com/mls/TopMLSRulesRemember.pdf

about 5 months ago
Diamond
Darby Grimmett
about 5 months ago
Hi Patricia,

This is extremely unfortunate. I feel terrible that you had to go through this and I hope your story can serve as a lesson to others on this forum.

PLEASE, PLEASE, PLEASE interview prior to hiring!! Please make sure your agent is a full time agent that knows what he/she is doing. Google the name of the Realtor to start with.

Among so many other things, your Realtor should be able to::
Appropriately advise you on pricing the home (providing a detailed analysis of your neighborhood market --- NOT just the Active sales);
Discuss the types of financing products with you - VA, FHA, Conventional, ARMs, Jumbos as well as advantages as well as Cash Buyers
Point you to their Client Experience Rating page on HAR.com (or other home selling sites where agents are rated) and provide you with references of past clients
Have experience with actually Selling homes (not just selling their cousin's home or working strictly on the side only for friends and family) and not just representing Buyers
Hires a professional HOME photographer
Can explain the plan of attach for marketing your property to outsell the competition in the quickest amount of time
Can explain every last detail on all contract and addenda docs (and go over in detail what a particular offer means to you when it comes in -- your net and responsibility) and advise you on what is in your best interests to agree to
Reach out to the lender of the Buyer submitting an offer and be able to discuss, in detail, their approval and ability to close
Etc., etc., etc......

This is definitely a discussion to have with the agent's Broker to discuss the incompetencies of the agent. If you are not satisfied with the service you are provided, you can always request to terminate the listing agreement (which, by your description of the events that happened, should have occurred in the very beginning).

Darby Grimmett / KW / 936-827-9217 / darby@darbygrimmett.com


about 5 months ago
Gold
Ryan Kohn
about 5 months ago
Mrs. Rhoads, I am so very sorry to hear your circumstance. It is always advisable to really interview, not just one but several agents. It is crucial you hire someone with experience and most of all someone you can trust to represent you and your best interest. I would agree with most here, first step is to speak to the broker. Your listing agreement is between you and the broker (unless he is the broker). You can also file a complaint with TREC, link posted below. You can also look at your listing agreement, as mentioned previously it is a binding contract in which you and the broker have certain obligations. If the agent is not holding up their end you should be able to cancel the agreement. I would speak to the broker first and see if you could come to a resolution and then a licensed real estate attorney.


Source:


https://www.trec.texas.gov/public/how-file-complaint

about 5 months ago
Gold
Dominik Szabo
about 4 months ago
If you need a professional realtor who sells homes full time and has active experience contact me for a no cost no obligation consultation.
Dominik Szabo
Brockway Realty L.L.C.
(832) 844 1724
DominikRealtor.com
** The Doctor of Real Estate in Houston Texas **
" Professional, Courteous, and Informed "


about 4 months ago
Bronze
Rashonda Smith
about 4 months ago
Hello Patrica,
Unfortunately, most consumers believe that all agents complete the same tasks to sell homes. But this is not true. Therefore, investing time to interview prospective Realtors and share your expectations to make sure you are on the same page is critical to the sales process. Also, asking for recent references and how knowledgeable the agent is on social media marketing and online marketing would be a very good idea considering most buyers search for homes online. I wish you much success in finding the right Realtor to get your home sold! If i can be of any assistance in the future, please feel free to contact me.

Rashonda Smith, Broker
Realty Solutions Real Estate Group
832.274.4451
www.har.com/realtysolutions
www.har.com/rashonda
realtysolutions@email.com


about 4 months ago
Bronze
Thien Thu Nguyen
about 4 months ago
Im so sorry that you had to have an experience like that. In this case, if he didn't know what an FHA was he could have at least have the lender who was working on your file explain it to you and advise you in terms of finances. Having a knowledgeable and competent lender to answer your questions right then and their would helped - which is something the realtor could have advised instead. That is just my opinion. I hope this helps. If you have any further concerns or concerns, please feel free to contact me!

Thien Thu Nguyen, Realtor
Kimberly Adams Realty
Thu@KaRealty.us


about 4 months ago
Bronze
Terry Kraemer
about 2 months ago
Unfortunately, you learned some very hard and potentially costly lessons here. I am sorry you had to go through this. You do have options. Calling his broker was a very good move. You can ask them to release you from the sellers agreement. If one wasn't signed that is a violation. You can also contact TREC Texas Real Estate Commission at www.trec.texas.gov Their number is 512-936-3000.
Hopefully you issues get resolved quickly.


Source:


https://www.trec.texas.gov/sites/default/files/pdf-forms/CN 1-2.pdf

about 2 months ago
Silver
Christopher Dayanand
about 4 weeks ago
It is critical that you at least have a chat with the realtor to see if you both mold and he will understand your needs. You need to ask how he is going to market the house and if he is going to hire a professional photographer. The new generation uses phones and tablets to hunt for houses and if the pictures are bad, they won't even request a showing of the house.

You should have immediately changed the realtor when you noticed it is not going the way you had visualized. Having project management certified and experience, I take each transaction as a project. Planning, communicating and executing are essential to sell a property fast.

Chris
Coldwell Bankers
www.ChrisRealEstatePro.com
832.859.8698


about 4 weeks ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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