Misrepresentation by sales agent? - Posted by Sherry Bishop

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Posted by ephrata_bob on March 27, 2005 at 18:05:09:

Your? agent is an idiot. Why did you return their Ernest money if buyer cancelled the deal? Get a new agent and make sure everything possible is covered in the Ernest money agreement next time so you do not have to return it. If you have to spend money for this stuff cover your butt next time.

I had something happen to a deal and had 2k Ernest money that I kept but the problem was it was not enough to cover my expense. Next time we required 4k Ernest money.

I think you are just out the money because your agent was not experienced enough to structure things as to protect your interest. If you stay with them take it out of their commission when the place sells. If they do not go for that find a new broker and cover yourself with a proper agreement next time plus go for 3 or 4k Ernest money. 2k is not enough.

Advise your rights? look at the listing agreement you signed, that will give you in idea of your rights. It probably says you have no recourse against them.

If that is the case tell them you are putting up a website that says bad-real-estate-firms-yourcity.com and put their name front and center with your story. Do not be inflammatory just state exactly what they did and how it cost you money and that you where not protected by the Ernest money agreement your agent used. Then place local ads for the website in the free nickel ads type papers in your area. Print flyers and post them on every pole and bulletin board you can find. The local newspaper probably will not take such an ad but if they do, place it there also. Then for kicks drop a few off at the firms office. There is more then one way to skin a bad real estate firm. They live and die on their reputation so get the word out about them. Once you show them you are serious about this they should agree to cover your loss for the agent being an idiot.

If people get the idea they will not be protected by this firm and they could lose money as you did then no one will list with these idiots. It will cost them big time as stupidity is not a good selling point

Hope it all works out for you. If you need advice on the website email me. It’s my business.

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Misrepresentation by sales agent? - Posted by Sherry Bishop

Posted by Sherry Bishop on March 10, 2005 at 19:18:44:

Selling agent supplied a letter of pre-qualification for buyers (on her company letterhead). Escrow 30 days or sooner. At 50+ days we were informed that buyers could not qualify. Subsequently, our agent, did indeed, get them qualified by another lender. Buyers cancelled at 53 days refusing loan. Additionally, sales agent did not disclose that spouse was 17 years old. We would not have entered into this sale if all facts had been correctly disclosed. Our home is in resort area and timing is a crucial factor to sale (window of opportunity)
We have sustained in excess of $1700.00 in costs related to the cancellation of sale. Earnest monies have been returned to buyers but we would like to file a greivence and perhaps small claims against sales agent (who is a broker) as we feel she was totally dishonest. Please advise our rights.