I've had some difficult deals but I've always worked together with the other agent to get to closing, until now. I am working w/an agent who from the start did not want to even present my offer because we had lowered the price & asked for sellers contributions. Mind you, it was priced high compared to the market & it seemed that he thought that just because it was not a distressed sale it would sell for more. Fine my price accepted no seller contributions. Then he seemed concerned about the appraisal. Ok so now we are up to the inspection, which he did not understand why we were doing one. The day of the inspection he was not present, he told me that the seller was intimidated because the inspector was checking everything! The inspection came back w/$8200 worth of repairs, so I tried to negotiate 1/2 for the repairs, he said oh no, they will probably give you $2000, ok, I asked for him to go over the inspection & present it to the sellers. Well now he comes back w/$1200 credit and $400 from each of us! Hello, I never agreed to that, actually he never expressed that he would be willing to contribute! He is now making me look as the bad agent that does not want to contribute, so I sent him an email stating that I would have appreciated it if he would have discussed it with me before committing the $400 because according to him it's this way or no deal. I tell you, I tried to go around it but he will not give me a chance. It's a tough market as is & now to deal w/someone like this is not fun.

Tell him no deal. Hold out for the 8200 ignore the attempt to get you to contribute. My prediction is that the Sellers will accept regardless of what he says.

As an alternative, In our market you could accept the reduction and go after him in arbitration with the Board of Realtors after the closing.

Sometimes you need to get aggressive and contact the seller directly.

Certainly outside of protocol in GA.

The deal will die because the Seller won't contribute the other $6000 . . . . not because the Agents won't contribute the $400 each.

And this is still before the Appraisal is performed, right ?

Sometimes the other side of the deal drives you crazy.

The appraisal came in $3k higher than the offer. It was a lucky break. Everyone wants to move forward. I spoke to my broker & I might just contribute to get it to close. I just don't like the way he conducts business. I tried to hold out but he is just a pain & I'm tired of dealing w/him. He doesn't seem to like to go back & forth. My buyer is ready to close. He acts as if he does not care if we close or not.

the seller's agent may just be a difficult agent, but you need to realize that he works for the SELLER...not you. he doesn't have to act in a manner that pleases you. his responsibility is to act in the best interests of the seller, and to follow their instructions, not yours. this is basic agency law.

Yes, I understand that he is working for his seller just as I'm working for the best interest of my buyer. But, if his seller says he is just going to contribute $1200 his respond should have been ok let me discuss this & I'll get back to you, not go ahead & say ok, I will put $400 & the other agent $400 to get to $2000. We never agreed on $2000 from the start.
Yesterday, I received an email from him saying that we might need to extend the contract, and he also added: I will not be answering phone calls in this regard. Wait until tomorrow when I call you.
I am an easy going agent, I try to get things resolved, and I know that not everyone is like that. I have just been surprised with several things that have occurred.

So your Buyers are okay with $2000 instead of the $8000 ?

Never never contact the seller directly. I wouldn't contribute to repairs. What if the deal falls?

Most such contributions are made at the Closing; not before.

Zoila can confirm that the proposal before her is like that.

So No Closing = No Contribution.

The most important point here is how much is the sales price and what is your commission??

If you are making 800 and giving back 400 that is a 50% concession in your commission.If it is 5,000 you are talking an 8% reduction.

Just close it and move on to the next.If it is something petty like that and the commission is big I move on.If the commission is small I would fight it but I don't work on small deals period as it's not worth my time.

Good luck to you.

I've never subscribed to the theory that agents involved in the transaction should "contribute" to the cost of repairs. It's not the agents property, they didn't allow it to fall in disrepair and they will get no benefit (other than a commission check) if they contribute.

The listing agent needs to sit down with the seller and have a heart-to-heart discussion with the seller. They need to explain the state's disclosure laws and the obligation of the listing agent and seller under the terms of those laws.

If the seller won't budge, it's time to say NEXT. There will always be another deal, another commission check and another buyer.

I thought it was a buyers market in the US, is it not the case in Miami as well?

You represent the buyers so you should be in the drivers seat. Your buyers will buy and if it's not this house then it will be another house. If your buyers are serious then you'll get paid by them eventually.

Personally I don't think a buyers agent should contribute to the closing at all. However sometimes a sellers agent might consider contributing a small amount to a house that has been sitting on the market for awhile just to sell it.

My $0.02 is to talk to your clients and find out the minimum they need from the sellers before they start looking at other homes. Since you are in Florida, I would figure there would be 2 or 3 others on the same street for sale.

Ever consider taking a shot at raising the sales price to the appraisal but insisting the seller give the $8,200 for repairs in escrow, period.

And I hope the appraiser wasn't a MAI appraiser, you know made as instructed. Did you check the comps? That is what appears to be the best offer the seller will get in the current market, and if he wants to gamble I would say his motivation sucks, and the agent is someone I would put on my don't show list for his listings.

I don't know this sellers motivation but I definitely agree it's a buyer's market and I would have prepped my buyers to pull the offer and leave it in the sellers lap. Keeping a motivated buyer in check is part of the job, and if the seller doesn't want a sale in a market that may decline even more due to the economy, and the listing agent doesn't need the money, so be it.

You have a ready, willing, and able buyer and I would start showing them other properties and let the other side know it. Let the fear of loss go to work. Now that the inspection has disclosed the repair problems, the seller and the listing agent are going to have to disclose that to the next buyer prospect.

I don't know how things are done where you are but I hope it isn't one of those idiotic areas where custom has it only the listing agent is at the presentation of an offer and you don't present your buyers position directly to the seller.

If it is, then rewrite the offer so it contains a clause that only you may present the offer and no one else or the offer is void. This seller needs an awakening. But maybe he's the leader of the pack and you guys need to get in line as far as he's concerned. Don't let your buyer overpay in this market!!!