My perspecive is if you accept the purchase contract and it is in there then your tough out of luck, its no different then listing at $550k and accepting $500k, is the realtor responsible for the $50k you didn’t get?
Yes, the Realtor screwed up but he didn’t cause you any loss, you did that if you accepted the buyers contract and the roof was in there.
If the buyers didn’t cover it in the puchase contract then shame on their agent, but they aren’t entitled to the new roof, and their agent is more responsible then anyone, he wrote the offer if it wasn’t covered in their offer.
Rltor mkted NEW roof - NO auth. Now they want - Posted by kwack41
Posted by kwack41 on November 05, 2006 at 18:14:55:
First thank you for looking and your advice:
I bought a house to flip and was selling FSBO. I was asking $959,000 and in my marketing materials said that I would put on a new roof ($16,000 value wholesale) It doesn’t leak but it is 20yrs old and I was trying to add value.
After 3 months in a very slooooow market I listed it with a realtor. He suggested I lower the price to $899,900 and not offer to put a roof on. I agreed, signed all the paper work stating the house was sold “as is” and let him do his thing.
He then took all my marketing materials and copied them (some realtors work so hard for their money). I noticed that for the realtors open he didn’t take the new roof off the marketing material that he copied from me. I pointed it out and told him to take it off and destroy all copies. He said he would immediately and I assumed it was done. (It is not on the MLS that a new roof is included)
Now 4 weeks later we have a California buyer that sends their brother out, with their realtor, to look at the property. They all love it and we negotiate a purchase price based on all the info including pictures and movies they recieved from the brother. They came out for the inspection and were shocked to see there was no new roof. I was shocked to hear they thought they were getting one.
Today they are asking for $20,700 to put on a new roof. My realtor says oh well I’m not responsible “mistakes happen”.
My view is he is responsible for the cost of any roof as he gave them the idea that they should be getting one and it was his marketing error.
Do I go to his manager or my attorney. How would you approach it? Has anyone dealt with anything similliar?