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#334857 - 04/15/10 08:59 PM Disclosure Laws/Rules Texas
shell44fl Offline
Junior Member

Registered: 04/15/10
Posts: 1
Loc: Texas
I just got through buying a Condo - closed today. During the contract negotiating process the sellers realtors kept saying that the seller would not contribute towards any closing costs, they would not even pay the $150 Transfer Fee for the HOA certificate. I asked for the Washer and dryer and the refrigerator to stay ( as I had made a very fair offer and these were older used appliances ) was told by the sellers agent that if I wanted to add another $1000 to the contract then the seller would leave them - if not then they would be removed. I asked for the seller to have the carpet cleaned as the carpet was very dirty and the sellers agent told me - no the seller would not pay for this but that she ( the realtor) would get it done and pay for it out of her commission.

Then the day of closing my Escrow Officer finds out from the seller that his agent is in fact his wife. I was dumb founded. At no point during the negotiations or on the MLS listing was it ever mentioned that the listing agent was married to the seller and therefore had a vested interest in the out come.

What do I do? I feel cheated.

Thanks - any advise appreciated.

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#334905 - 04/16/10 01:40 PM Re: Disclosure Laws/Rules Texas [Re: shell44fl]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8478
Loc: georgia
Seek a real estate litigation attorney to see what recourse you have. Take all documentation you have for buying this property.

You have 3 issues.

1. Possible ethics violation on not disclosing an interest in the sale of the property.Now if they are a licensed broker or agent in the state BUT NOT a REALTOR than ethics violation does not apply.

2. Most likely as part of state license laws disclosure is required on the purchase and sale,and the listing agreement.

3. This gets even more hairy if you didn't have a buyers broker and bought directly through them.

It sounds like they did a short sale on the property and didn't have money to do anything.

I don't know as I wasn't involved in your transaction. Present your case to an real estate litigation attorney and look at options.

no legal advice

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#334930 - 04/16/10 05:47 PM Re: Disclosure Laws/Rules Texas [Re: super realtor]
TB in TX Offline
Major Contributor

Registered: 08/16/07
Posts: 2813
Loc: X
In Texas, this relationship would have to be disclosed in the listing/MLS. Contact your agent and see if it was listed in agent remarks on the MLS. These are remarks that are only shown on agent views, not public or buyer views. If it was not, then you should check with the local board of REALTORS or TREC as to what recourse is available to you.

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