Telling realtor to take a hike. Question.

Jims5543 · 02-21-2007, 11:45 AM

As some of you know from my real estate hell thread, I sold the house I was stuck with. I sold it for 35K less than I paid for and lost another 15K in mortgage payments while either it sat for sale or a rentor didn't pay his rent and skipped town.

So I get one of these, 'we will buy your ugly house,' flyers.

I fill it out and send it back, eventually after some negotiating I get them to buy it for the balance of the mortgage, all I need at closing is a pen.

So here is where my realtor comes in. I was 10 days from being out of contract with him. But, being the honest person I am I called him and informed him of my intentions to get out of the house and sell to these guys. He quickly informs me I am still under contract. Then wants 3% of the sale price or $5000 for not selling my house and costing me 6 months mortgage payments while it sat for sale, offering me no advice on how to turn it out fast.

I am a bit bitter right now and have no intention of paying the commision. I am about to call the buyer and tell him to date everything for the day after the contract runs out.

I was ready to offer him $1500 to $2000 even though he did squat. I will be damned if I pay him $5000 for nothing though.

Am I out of line. I was told he might demand a percentage this and it would indicate the realtor was an A-hole.

Hugh R · 02-21-2007, 11:47 AM

Wait the ten days and he can't do anything. Otherwise he'll take you to small claims and win.

id10t · 02-21-2007, 11:48 AM

Dude, I know of this cool website where you coulda listed it for sale with video and all sorts of stuff

Jim Richards · 02-21-2007, 11:49 AM

If you are under contract with your seller's agent, then you're obligatedto pay, regardless whether you found the buyer or the agent did. Sorry, Jim.

Jims5543 · 02-21-2007, 11:54 AM

Then I will wait until Monday when I am out of contract with him. Or he can take $1500 and move on. Its up to him, I guess I'll give him his choices.

To be clear I am the seller, I listed with this guy for 6 months and its over on the 25th. I came to a verbal agreement with a buyer on my own last week but I am sure we can both wait a week and take this up again.

Eric 951 · 02-21-2007, 12:02 PM

Quote:

Originally posted by Jim Cesiro
Then I will wait until Monday when I am out of contract with him. Or he can take $1500 and move on. Its up to him, I guess I'll give him his choices.

To be clear I am the seller, I listed with this guy for 6 months and its over on the 25th. I came to a verbal agreement with a buyer on my own last week but I am sure we can both wait a week and take this up again.

I wouldn't even offer the 1500.00 Just wait the extra time--then there are no legal ramifications at all. if you make a partial payment to him while still under contract--even though you two may agree that is the final payment at the time of the transaction--if he really wanted to he could be a prick and come back at you at a later date for the full amount--using your payment as evidence that you were contractually bound to him.

Wait out the contract and then make the deal.

Steve Carlton · 02-21-2007, 12:26 PM

There could be a problem with the fact that this buyer was generated while the listing was active. Perhaps you got the flyer as a result of the house being listed. Your listing agent might still be entitled to a commission even if you sell it after the listing expires.

Jim Richards · 02-21-2007, 12:30 PM

Quote:

Originally posted by Steve Carlton
There could be a problem with the fact that this buyer was generated while the listing was active. Perhaps you got the flyer as a result of the house being listed. Your listing agent might still be entitled to a commission even if you sell it after the listing expires.

+1

Tread carefully, or you'll be in court, Jim.

the · 02-21-2007, 12:33 PM

Quote:

Originally posted by Jim Cesiro

So here is where my realtor comes in. I was 10 days from being out of contract with him. But, being the honest person I am I called him and informed him of my intentions to get out of the house and sell to these guys. He quickly informs me I am still under contract. Then wants 3% of the sale price or $5000 for not selling my house and costing me 6 months mortgage payments while it sat for sale, offering me no advice on how to turn it out fast.

I am a bit bitter right now and have no intention of paying the commision. I am about to call the buyer and tell him to date everything for the day after the contract runs out.

Your posts are often confusing to me - because you seem to bring a lot of trouble on yourself.

You called him because you say you are such an honest person, but when he asked to be paid, you then say you have "no intention" of honoring the contract and want to mess with the dates on documents to get out of paying?

If you had no intention of paying, why did you call him and tell him in the first place?!?

Overpaid Slacker · 02-21-2007, 12:36 PM

Steve took the words off of my keyboard. I'd be shocked if your agreement with the Realtor didn't provide exactly that... and state that any sale you'd make to that party (or a related party) within 180 or 365 days (or some timeframe) would entitle the Realtor to a commission.

If he's really screwed up that bad (I haven't read your other thread) you'd have an argument that he's not entitled to anything, and file a counterclaim against him, if he sued, for his failure to perform and the damage it caused you. But those are arguments in equity, not law, strictly speaking.

JP

Jims5543 · 02-21-2007, 12:40 PM

Quote:

Originally posted by the
Your posts are often confusing to me - because you seem to bring a lot of trouble on yourself.

You called him because you say you are such an honest person, but when he asked to be paid, you then say you have "no intention" of honoring the contract and want to mess with the dates on documents to get out of paying?

If you had no intention of paying, why did you call him and tell him in the first place?!?

I called to offer him $2000 as a good gesture, he never let me even offer it he quickly told me he would be taking $5000.

My honesty or stupidity would be the better description gets the best of me sometimes.

I have lost over $40K on this house and he wants to stick it up my butt for another 5K.

I guess if I was in his shoes I would be a little more apethetic to the guys situation.

I guess I am writing a check for $5000 and chalking this up as another case of nice guys finish last again.

Jims5543 · 02-21-2007, 12:41 PM

O rmaybe I'll make 3 more mortgage payments and then see if the buyer is still interested. 90 days from now isn't that far off.

JavaBrewer · JavaBrewer's Garage

Did the realtor advertise your home? MLS? Open houses? Print flyers? Install a sign? Organize a realtor caravan? Even if the house didn't sell the realtor has resources & time invested. Time is money right? I understand your anger but it sounds like you're walking a very slippery slope here. I'd pay the man and move on with your life.

Jims5543 · 02-21-2007, 12:50 PM

He made a sign....

That was it. No advertising nothing.

I called him many times and kept dropping the price and kept telling him I needed to get out of the house yesterday.

I just got off the phone with him and its a classic case of, its not me its the company. So I am writing him a check for $5000 and, like I said chalking this up to nice guys finish last.

I sold the house, not the realtor.

This will be the last time I deal with a realtor ever.

scottmandue · 02-21-2007, 12:56 PM

Pee on the check the day before you give it to him and tell him "it's my dog not me"

Jims5543 · 02-21-2007, 01:29 PM

LOL! I just got off the phone with the buyer who basically said, Well, it looks like we are dealing with an A-hole.

His intention is to rent the house out. He just told me that he will call the selling realtor and tell him to either let me out of the commision or he will not get the house as a listing... ever, he needs my house to complete a 6 lot block of lots/homes in order to sell the end of the block as potential commercial. I have the corner lot on the main road a VERY key lot.

So either I am let out of the contract or the realtor will not get my listing nor cooperation with his commercial sale.

Maybe nice guys don't finish last.

I also have picked up the buyer as a new customer because he likes my honesty. The buyer is 1/2 owner of a title company and is constantly buying and selling homes and real estate = good customer to have right now.

Porsche-O-Phile · Porsche-O-Phile's Garage

Can you simply pass the 3% on to the buyer?

craigster59 · craigster59's Garage

Karma baby, Karma...

Porsche-O-Phile · Porsche-O-Phile's Garage

Just saw that last part. To be honest though, it doesn't sound like this guy's threat has any teeth to it. It's not like your realtor has done a helluva lot or has been very successful at getting anyone to bite on your property in the first place, so why on earth would the new buyer/developer have an incentive to hire him anyway?

Jims5543 · 02-21-2007, 03:20 PM

Quote:

Originally posted by Porsche-O-Phile
Can you simply pass the 3% on to the buyer?

Buyer does not want to pay it. The sale was a tough deal to pull off, no thanks to my realtor, and I fought to get the mortgage paid off.

I guess the big question I was asking was if I was out of line to feel like the realtor, that did notheing, was out of line asking for a commision 10 days from the contract being up and me not needing to pay him at all.

Wouldn't it have been much better of him to say lets just terminate the contract and move on?

I guess I was hoping I was dealing with someone like myself. Someone nice and resonable and understanding when someone is down and not to kick them.

craigster59 - Amen!! Karma is a B!tch. I hope he gets his 10 fold.

If I have to write the check so be it, at least I know his big multi - million dollar real estate deal will be in jepordy then.