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#397882 - 12/31/11 02:33 PM Any Suggestions
destinbound Offline
Member

Registered: 10/05/07
Posts: 18
Loc: GA
I recently listed a foreclosure for an investor. I had a 3 month listing and during the 2nd month I received an email saying that the property had been assigned to an asset company. The investor had lowered the price prior to assigning the asset company. I submitted a full price offer to the new asset company. They sent me a counter offer for more than what the property was listed for. The next day the buyer said forget it and walked, saying he wasn't going to play their games. The asset company said the investor told them to counter back at the higher price. They didn't know I had the VP'S direct number. I called him directly and asked him what the deal was and that I wanted my commission since I brought him a full price AS-IS offer. He informed me he never got the offer and because of that he wasn't paying a commission.He didn't know anything about the coounter offer.
Any suggestions as to how I get paid for this? I have advised the repairman who replaced some locks to place a lien on the property for the money they have refused to pay.
_________________________
Patrick R Pike

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#397884 - 12/31/11 02:39 PM NoSigned Contract [Re: destinbound]
destinbound Offline
Member

Registered: 10/05/07
Posts: 18
Loc: GA
I had a buyer who's offer was accepted the day after Thanksgiving. It was all cash with my buyer paying all closing costs and close in 6 days. The selling agent said the seller verbally agreed to the terms. Well, here it is New Years Eve and we still haven't gotten the signed contract back. I have called the selling agents broker, but he says there is nothing we can do. The listing agent thinks there is a problem with the title that the seller isn't telling us about. The foreclosure deed hasn't been recorded and the property was foreclosed on 7 or 8 months ago. Any ideas as to how we can speed this up?
_________________________
Patrick R Pike

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#397887 - 12/31/11 02:56 PM Re: Any Suggestions [Re: destinbound]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
Our contracts state that without a closing, there is no commission to be paid.
As to your second question, what does your contract say in regards to sellers response timelines. You probably don't have a contract any more.

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#397890 - 12/31/11 03:15 PM Re: NoSigned Contract [Re: destinbound]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
If you're not the Listing Agent, and you're not the Selling Agent; then I don't understand when you say you "had a buyer".

So what exactly is/was your role in this matter ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#397891 - 12/31/11 03:27 PM Re: NoSigned Contract [Re: destinbound]
Maui Offline
Moderator
Veteran Member

Registered: 01/13/10
Posts: 726
Loc: Maui, HI
Patrick, are you using 'Selling Agent' and 'Listing Agent' interchangeably? If so, your statement makes sense (kind of), if not, then I have no idea what you're trying to say.

A couple of questions, did you have a listing agreement with the 'investor'? Did you present an offer while it was still listed by you? Was the offer accepted or not (your comments about the buyer walking away makes it unclear)? If it was accepted, did you receive executed copies of all relevant documents? Has escrow been opened? When you say you called the 'selling agents broker', do you mean the BIC/PB of the listing agent?

Provide information in a more succinct manner and forum members will be able to reply.
_________________________
Visit a Maui Blog , then view our ActiveRain page and Maui Wordpress Blog for local events and market stats. View one of the best values of Maui luxury real estate in this Honua Kai Condo For Sale.

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#397940 - 01/01/12 06:14 PM Re: NoSigned Contract [Re: destinbound]
PaRealEstateAgt Offline
Member

Registered: 12/01/10
Posts: 90
Loc: PA, USA
I pretty sure GA states that contract regarding RE must be in writing. The whole verbal acceptance thing is not enough. I know as agents we rely a lot on the agent on the other side of the deal. But red flags go up instantly when I hear they accepted verbally. Certainly I don't move on unless that other agent tells me they signed the papers. Then I'm hounding them everyday if I don't have it within 2 or 3 days.

As far as the first post, your contract is with the investor and yourself/ your broker. If you got an offer you should have presented to the investor. An email doesn't constitute a change in terms to your agency agreement. (Though I'm no lawyer so I'm not giving legal advice just my thoughts for learning purposes.) Heck if you're going to be working with investors and asset management companies you better speed up that learning curb. Granted I'm not as familiar with GA law, but contract law is pretty standard.


Edited by PaRealEstateAgt (01/01/12 06:15 PM)

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#397958 - 01/02/12 05:23 AM Re: NoSigned Contract [Re: destinbound]
PA Roadkill Offline
Major Contributor

Registered: 11/15/06
Posts: 2050
Loc: The Middle of the Interstate
In most states, verbal contracts are allowed, but must be in writing to be enforceable. Otherwise it becomes a he said - she said.
In real life, I don't know of any attorney, title company or closing service that would complete a sale without a written contract signed by both parties.
_________________________
Broker-Owner Thirteen Years REO Experience
GRI,CRS,CRB,e-Pro

Some days I feel like the bug, other days I feel like the windshield



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