if a real estate agent?

Question

If a real estate agent claimed you were being petty when asking for compensation for a large expensive item that was included in the accepted offer and then removed before closing would you consider them unethical or as doing a diservice to the clients?

Thank you for your responses! I asked a questiona a couple of days agoand a poster told me that I should not bother the agent for a $500 wooden playset that was removed when I went through the final walkthrough. I did not close until I was compensated. This poster said she was the top agent in her county, yet she said it is buyers like me that make it hard on the agents! All I asked for was what I was due, thank you all for confirming that I was in the right.

This is a message I got from the supposed real estate agent. Professional? I think not!

From: littlelanasue

Subject: Re: playset

Message: Even though it was in your contract, it was NOT THEIRS TO SELL therfore making the contract void. That would be like your neighbor trying to sell YOUR car. I don't doubt that you are entitled to something, I just think you are blowing it WAY out of proportion. You have to ask yourself, what drew you to the home? Was it the swingset? If you knew in the beginning the swingset didn't go with the property, would you have bought it anyway? I think you are being very childish in the whole matter. And blaming your Realtor? The only thing they can relay to the buyer, is what the seller has told them to relay. How was it their fault the sellers lied? GROW UP AND MOVE ON OR SHUT UP!!!

I guess I should have put this one first. This is her first message to me:

From: littlelanasue

Subject: Re: playset

Message: Actually I am a very successful real estate agent. I have been the top in my county for over 5 years!!! And, I have bought and sold many homes! You have to understand, Realtors don't get paid until the home closes. So, you have worked your Realtors butt off, and now you are messing with their income over FIVE HUNDRED BUCKS! It's petty, and YOU are the rude one. I bet you are going to expect the Realtors to cough up the $500 just to get the deal closed, because that's how people like you work! Always looking for something to ***** about!

Answer 1

If the item was included in the accepted offer and was to be left and was not you are entitled the item or to compensation based on the value of the item. It should not come down to a negotiation but should be pointed out in the contract and then made right by all parties involved. The agent should make sure the contract is completed as written. They also should not be calling you petty unless they made a mistake when writing the contract and are now trying to protect themselve in the eyes of their client. This is a real good example of why should make sure you are represented by a buyer's agent and not just using the listing agent on a property.

Answer 2

It sounds like you are the buyer and you closed on the house, moved in and found that something like an oven was removed that had been noted to stay in the contract.

The agent is normally not responsible for paying for the item but they also shouldn't call you petty. You should be able to sue for the item and the agent should do all they can do to help you settle this without a lawsuit.

I once had a lady pull out her oven and move it long distance (it was not a plug-in it had been hardwired in!). I was the agent and the lady had been transferred by General Motors. I called her and she refused to even talk so I called her boss at General Motors. A few days later the oven returned and was professionally installed at the cost of that seller.

Answer 3

Let me see you accepted an offer with the item included, then you removed the item from the accepted offer? If that is the case you broke the contract, he wants the sale to go through, no and no offense but in this case I believe you are wrong. If I had an accepted offer which included something, and that something was removed from the contract I would withdraw my offer and offer less. With what the market is today I think you are making a very bad move, because if they back out (and they can you broke the contract) your house may be on the market for a very long time

Answer 4

The real estate agent (and I am a real estate agent) is wrong in calling you petty, wrong for not attempting to help in the situation, and is not providing proper and ethical service.

However, the real estate agent is not financially liable to correct the wrong. This is a seller/buyer issue. If the item in question was present when you did your pre-close walk through/inspection (I hope you did one) and was then removed, you are entitled to bring a small claims or as needed legal action against the seller.

Answer 5

I'd consider whomever removed the item to be a common thief, no more and no less.

Of course, if you didn't raise the issue during the final walkthrough and stop the closing until it was either replaced or the prices adjusted appropriately then there's an argument to be made that you accepted it as a de-facto modification of the contract.

Answer 6

I totally agree with the PP's. If the agent knows that it was in the contract, and you can prove that it was, then it is their job to get it or compensation for you. They are working for you, there for be representing what you want, not telling you what you should want. I had a bad experience with a real estate agent once, & I fired her. Fortunately, it was before any contracts had been written for a property.
Good Luck.

Answer 7

That agent is responsible to fullfill the contract as written. The agent either has the seller replace/return the item, or the agent pays buyer for item. PERIOD.

Answer 8

Not "bother" the agent for something you were contracturally obligated to have? That is nonsense.

Sounds like you got the issue resolved, and that is a good thing. Congratulations on your new home!