My client is complaining that the house was not professionally cleaned after the close.

We did a walk-thru a few days before the closing and some cleaning was needed-some left-overs, etc.

I checked the house at the closing and house was clean-not shiny bright but looks like bloom-cleaned. My client moved the next day and she's complaining it's not cleaned.

Should it be professionally cleaned?

BTW, I aksed her to do a walk-thru right before the closing and she demanded to do it a few days before the closing.

We closed a few days ago.

My client is now complaining two sliding doors do not lock and the home inspector missed it.

She's asking what I can do about it and she will get back to me with repair costs.

What can I do? Give her the repair cost on my own?

Couple of points -

On cleaning, what is in the contract. Usually broom clean means no debris, no trash. It doesn't mean professionally cleaned.

As far as a minor item like this missed on a home inspection, her issues are with the home inspection company, not with the agent. But replacing locks on sliding doors is a relatively easy and cheap fix. Can buy them at a home center.

Sounds like you have a buyer who will never be happy with anything.

Again, agree w/PA, especially if the buyer actually signed off on a walk-thru.

Also, I wouldn't even think of paying out of pocket for any repairs, and never, ever, after the fact. That is asking for a huge liabilty issue. Even if it is something small. What are you going to do next week when the buyer claims there is an issue with the furnace, roof, or garage door opener?

It depends on what you promised the buyer the condition would be at COE. If you said "bloom clean", then it would have to be morning-dew fresh. If you promised "all cleaned up-- don't worry" and it wasn't, then probably you'll have to pay for a cleaning to the buyer's satisfaction.

Again, it depends on what you promised the buyer regarding repairs. If you told the buyer "everything will be fixed-- don't worry", you might have a problem.

I think pro's adventures with this property and these buyers ought serve as wonderful study material in a new course entitled: "Pitfalls of Dual Agency"

(sub-titled "This is probably just the beginning!"

One might say "There but for the Grace of God (taking the form of the Vermont Real Estate Commission in my case) go I" !

I am very thankful that we in Vermont are absolutely forbidden from engaging in Dual Agency. (We have to submit to voluntary castration if we do).

Here's another old saying that holds some truth:

"No man can serve Two Masters" . . . . kind'a catchy, hey ?

Really I'm starting to wonder if this was, in fact, a true DA situation. You know, when one agent serioulsy has the best interest of both clients in mind. It isn't sounding like it. It sounds more like a customer realtionship than a client relaitionship, where the buyer is actually fending for themselves.

Except for the fact that the buyer was charged $300 for some type of brokerage "service". Wouldn't that indicate an agency relationship?

Sounds like a "finessed" DA going terribly wrong.

I'm not sure, Due, it may depend on the state agency laws. Here for example, if the agent is working both sides, but only repping the seller, and the buyer is a customer, they're still going to be charged that admin fee in most instances.

I can't dispute your observation that absent a DA agreement that the buyer can be a customer. A respected colleague of mine (small brokerage) never does DA-- buyer is a customer. But neither does he charge any admin/similar fees to any party. I don't know of anyone who does. One DID many years ago when they were basically the only real game in town, but as buyers got more saavy, they quit that.

So I really don't know if an admin or similar fee is indicative of some service performed being evidence of agency. I'd say that disputes over it would be on a case by case review especially with a deal like we've been discussing.

does anyone really know what "bloom clean" is??

"Bloom clean" is a description of a property's cleanliness when you don't know what you're talking about and just making stuff up to sound like you do. Works with unsuspecting consumers. Origin is probably from mistranslation of "fresh as a daisy" combined with "broom clean".

For some very few agents, it's really not necessary to be accurate in what you're saying, only that it be convincing to the party hearing it.

I thought Due had a pretty good definition this morning when she said it has to be:

"morning-dew fresh"

Of course, that too is subject to regional differences in interpretation . . . . but that condition must mean pretty darn nice !

I have a Duel Agency disclosure signed by both parties.

Alexander Hamilton should have had Aaron Burr sign one of those back in 1804 down at the O.K. Corral.

Does your Disclosure Form actually say Duel or does it say Dual ?

Broom clean is just that. It's swept out as opposed to detail clean or open house cleaned. You buyer knows what a broom is. It's probably her means of transportation once she dons the black cape and pointed hat. If it wasn't brought up and settled at the closing it's too late.
Regarding the door lock. If you pay her, a smart attorney, if such party exists, will understand that YOU are assuming responsibility for any oversights of the home imspector.
What you have here is a buyer looking to firghten an agent into caving in.

It;s DUEL.

You are exactly right.
This buyer think he is above the law because he thinks his lawyer, sister, is the best in the east cost.

Well then . . . . that explains everything !

I thought it was doool.
And I think the name PRO is a misnomer.

The buyer is bugging me even 5 days after the closing.

Now he wants HOA package in a hard copy. I emailed to him HOA resale package long while ago before the closing.

Advise this buyer that your obligations have been fulfilled once it closed and you do not offer after closing services.
Then block his/her phone number.

This reminds of of an agent in our office that had a dual agency about two years ago. After they closed escrow, buyers told the agent they felt like he didn't represent them fairly and wanted some repairs completed........the commission was around $35k.....after months of playing tag with the buyers, he wound up netting a little over $2k. That wouldn't have been me.......I have my buyers sign so many papers on what I recommend that they do before closing.....if they pass and sign off, they accepted in "as is" condition.....not my problem....I would have no problem going to court.....cya is the first lesson you learn in this business.

"bloom"...."duel"....maybe the state licensing authorities should make an English course mandatory for licensing education requirements?

Bloom clean is new to me, heard of Broom clean all the time, just figured this topic was a typo.

Bloom clean is a new standard in cleanliness as defined by Bloomingdale.

http://www.bloomingdalescleaning.com/testimonials/index.php

“Dual” is an adjective describing the two-ness of something—dual carburetors, for instance. A “duel” is a formal battle intended to settle a dispute. Now, if you close your eyes and just listen to it and not read it, you’ll never know the difference.

Exactly. When someone is just throwing things out off the top of their head-- just saying anything (especially to someone, a consumer, who doesn't know the particular "lingo")-- it sounds good, like you know what you're talking about. You get away with it.

But, when you sit amongst persons actually working in the profession and show this lack of comprehension, and when corrected you fight back-- "It;s DUEL"... That shows that you are used to getting away with it and now believe you're right and everybody else is wrong. This can exetend to how you do business, too.

DD, maybe I got it all wrong. When I was living in Korea and Japan, they also called it "Bloom Clean" and they didn't have a Bloomingdale.

Oh no you didn't! You did NOT say that!

You are right, I didn't, I'd call it "Besen Sauber".

I still think Bloom clean is right if the number one search engine in the world thinks so.

Google bloom clean and you get 38 million hits.
Google broom clean and you get 14 million hits only.

DUEL between the DUAL, bloom and broom, is obviously won by BLOOM!

YAY!!!!!!!!!!

Usually anything that is verbal is non-enforceable in a court of law because it cannot be proven.

In a contract you have to be VERY SPECIFIC in the contract.If any provisions you added to protect yourself are VAGUE they will be generally found by the judge to be in admissible and not an enforceable part of the contract.

If they take an inch then the buyer will go for a mile with requests and everything else.

If the buyer didn't do the walk through the day before and then they CLOSED it is on THEM.They can't not do their own due diligence to make sure items are performed on the contract to heir standard and then want the broker/agent to come back and fix their mistakes.

When lawyers become involved anything and everything can and does happen, despite agents/brokers doing their level best to protect themselves. If a consumer was TOLD something verbally by a licensed professional that they relied on and acted upon that reliance to their harm or loss, even though it was a "he said/she said" situation, more than likely the finder of "fact" will decide for the party that had the least control OR understanding. That would be the consumer.

Here's a frightening recent about agents/brokers doing everything "by the book" and still getting sued: The existence of sex offenders in a neighborhood. While a document from the state is given to each buyer advising the buyer that it is his duty to check with law enforcement regarding potential sex offenders living in the area, and the buyer SIGNED this notice, the buyer sues when he finds out post close about a nearby sex offender.

Now, the buyer was legally noticed to check himself, that further agents/brokers are not liable or responsible for this investigation and the buyer signed off on it. Nonetheless, the attorneys for the plaintiff proffer that NOBODY READS THE NOTICE THAT THEY SIGN.

"Now, the buyer was legally noticed to check himself, that further agents/brokers are not liable or responsible for this investigation and the buyer signed off on it. Nonetheless, the attorneys for the plaintiff proffer that NOBODY READS THE NOTICE THAT THEY SIGN."


attorneys can make any claim they want, and it's their job to advocate for their client. but established law will prevail. It is true that a licensed RE agent, or appraiser, or attorney or other professional cannot avoid legal liability completely. there is always some exposure.