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#397882 - 12/31/11 02:33 PM
Any Suggestions
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Member
Registered: 10/05/07
Posts: 18
Loc: GA
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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.
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Patrick R Pike
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#397884 - 12/31/11 02:39 PM
NoSigned Contract
[Re: destinbound]
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Member
Registered: 10/05/07
Posts: 18
Loc: GA
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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?
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Patrick R Pike
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#397890 - 12/31/11 03:15 PM
Re: NoSigned Contract
[Re: destinbound]
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Major Contributor
Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
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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 ?
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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]
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Moderator
Veteran Member
Registered: 01/13/10
Posts: 726
Loc: Maui, HI
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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.
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#397958 - 01/02/12 05:23 AM
Re: NoSigned Contract
[Re: destinbound]
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Major Contributor
Registered: 11/15/06
Posts: 2050
Loc: The Middle of the Interstate
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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.
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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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This Google Custom search may do a better job of searching the forums for some keywords than the old forum search does. The results do not include threads from the Asset Managers Forum however. To search that forum you will need to be actually in the Asset Managers Forum and you will need to use the old forum search below.
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Registered: 05/24/12
Posts: 2
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