Last week I posted about a house with a mold problem. The house was listed
as "Active and Available". I contacted my agent to arrange a viewing,
although I have significant interest just by looking at the different
pictures and a drive by, the price is very reasonable too.

My agent was trying to contact the LA, and the LA said he is busy and can't
show it until a few days later. After a few days, no call back, and when
contacted says have to wait over the weekend. When we finally called over
the weekend, the LA said the property has a serious mold problem and will
cost like $20000 to fix, that the house was already sold but the buyer
backed out because of the mold problem. We were a little shocked and
thought about backing away, but then I thought I still want to see it and if
it's just replacing drywalls and carpets it's not such a big deal. I had my
agent called again and this time, the agent said the property has just been
sold, the seller reduced the price and the original buyer will be getting
the house. Oh well we will have to move on. Today my agent called me and
told me she found out the "buyer" of this house IS THE Listing Agent and
that he is
planning to sell as soon as it closes (told my agent he will be happy to
show it to us as soon as it closes in December). Isn't this a conflict of
interest? How can the LA recommend a price and then buy the property
himself (probably at a discount?) then get an inspection that reveals
serious mold problem to get the seller to lower the price, and even back off
on the contract to put it on the market again to pressure the seller,
knowing all this time he can block or discourage other interested parties
without the knowledge of the seller, and finally getting a price reduction,
and then probably his own commission, with the intention to flip? If he
thinks he can flip right the way, and make a profit, doesn't it mean the
seller is pricing it low, and shouldn't he be expected to inform/advise the
seller what the fair market value is? I am just real ****ed off to run into
shady deals like this. Any advise? Should I just move on or is there a
way to still get this house given the situation?

MC

"miamicuse" wrote
Last week I posted about a house with a mold problem. The house was
listed
as "Active and Available". I contacted my agent to arrange a viewing,
although I have significant interest just by looking at the different
pictures and a drive by, the price is very reasonable too.

My agent was trying to contact the LA, and the LA said he is busy and
can't
show it until a few days later. After a few days, no call back, and when
contacted says have to wait over the weekend. When we finally called over
the weekend, the LA said the property has a serious mold problem and will
cost like $20000 to fix, that the house was already sold but the buyer
backed out because of the mold problem. We were a little shocked and
thought about backing away, but then I thought I still want to see it and
if
it's just replacing drywalls and carpets it's not such a big deal. I had
my
agent called again and this time, the agent said the property has just
been
sold, the seller reduced the price and the original buyer will be getting
the house. Oh well we will have to move on. Today my agent called me and
told me she found out the "buyer" of this house IS THE Listing Agent and
that he is
planning to sell as soon as it closes (told my agent he will be happy to
show it to us as soon as it closes in December). Isn't this a conflict of
interest? How can the LA recommend a price and then buy the property
himself (probably at a discount?) then get an inspection that reveals
serious mold problem to get the seller to lower the price, and even back
off
on the contract to put it on the market again to pressure the seller,
knowing all this time he can block or discourage other interested parties
without the knowledge of the seller, and finally getting a price
reduction,
and then probably his own commission, with the intention to flip? If he
thinks he can flip right the way, and make a profit, doesn't it mean the
seller is pricing it low, and shouldn't he be expected to inform/advise
the
seller what the fair market value is? I am just real ****ed off to run
into
shady deals like this. Any advise? Should I just move on or is there a
way to still get this house given the situation?

File a complaint with your state's commission.
http://www.google.com/search?hl=en&l...&b tnG=Search

"Nero Gerber" wrote in message
...

"miamicuse" wrote
Last week I posted about a house with a mold problem. The house was
listed
as "Active and Available". I contacted my agent to arrange a viewing,
although I have significant interest just by looking at the different
pictures and a drive by, the price is very reasonable too.

My agent was trying to contact the LA, and the LA said he is busy and
can't
show it until a few days later. After a few days, no call back, and
when
contacted says have to wait over the weekend. When we finally called
over
the weekend, the LA said the property has a serious mold problem and
will
cost like $20000 to fix, that the house was already sold but the buyer
backed out because of the mold problem. We were a little shocked and
thought about backing away, but then I thought I still want to see it
and
if
it's just replacing drywalls and carpets it's not such a big deal. I
had
my
agent called again and this time, the agent said the property has just
been
sold, the seller reduced the price and the original buyer will be
getting
the house. Oh well we will have to move on. Today my agent called me
and
told me she found out the "buyer" of this house IS THE Listing Agent and
that he is
planning to sell as soon as it closes (told my agent he will be happy to
show it to us as soon as it closes in December). Isn't this a conflict
of
interest? How can the LA recommend a price and then buy the property
himself (probably at a discount?) then get an inspection that reveals
serious mold problem to get the seller to lower the price, and even back
off
on the contract to put it on the market again to pressure the seller,
knowing all this time he can block or discourage other interested
parties
without the knowledge of the seller, and finally getting a price
reduction,
and then probably his own commission, with the intention to flip? If he
thinks he can flip right the way, and make a profit, doesn't it mean the
seller is pricing it low, and shouldn't he be expected to inform/advise
the
seller what the fair market value is? I am just real ****ed off to run
into
shady deals like this. Any advise? Should I just move on or is there a
way to still get this house given the situation?

File a complaint with your state's commission.

http://www.google.com/search?hl=en&l...&b tnG=Search


State is Florida. Not sure if this is against the rules or just unethical?

MC

State is Florida. Not sure if this is against the rules or just unethical?

MC

What they are doing sounds unethical but might not be against the
rules. They probably have some lawyer friends that can spin the rules
in their favor if anything went sour.

wrote in message
oups.com...

State is Florida. Not sure if this is against the rules or just
unethical?

MC

What they are doing sounds unethical but might not be against the
rules. They probably have some lawyer friends that can spin the rules
in their favor if anything went sour.

Basically the same thing happened to me here in Ohio on three occasions with
homes that we wanted to purchase. You might as well move on because the
bottom line is someone else got it and you diddn't. The time and cost
associated to make it right to settle "principle" of this deal is something
that you have to decide if it is worth messing with.

Larry

"Old_boat" wrote in message
. ..

wrote in message
oups.com...

State is Florida. Not sure if this is against the rules or just
unethical?

MC

What they are doing sounds unethical but might not be against the
rules. They probably have some lawyer friends that can spin the rules
in their favor if anything went sour.

Basically the same thing happened to me here in Ohio on three occasions
with homes that we wanted to purchase. You might as well move on because
the bottom line is someone else got it and you diddn't. The time and cost
associated to make it right to settle "principle" of this deal is
something that you have to decide if it is worth messing with.

Larry



From my daughters experience: IF they have the moral principles to do that,
they have the moral principles to lie. IF you chose to file a complaint just
have an airtight case because they wil lie lie lie. And they will have the
paid witnesses to prove they are right. Sometimes its just best to treat it
as a learning experience and move on.

"miamicuse" wrote in
message ...


State is Florida. Not sure if this is against
the rules or just unethical?



I'm pretty sure that FL has rules about 'flipping"
a house. Like you have to own it for a year before
you can sell it for a profit. Something to look
into.

I would think that the party in a position to make a complaint would be
the seller. If you either got outbid or just didn't bid fast enough,
do you have any standing to file a complaint?

This kind of stuff seems so common and it's sad that we don't think
it's a big deal. Find the seller and tell the seller. Call the local
real estate governing body to get more info. Talk to a lawyer who
does litigation specifically in the area of real estate and try to
get some insight.

The agent stole from you, your time, energy and right to trust others
in business. The agent in essence stole from the seller what amounts
to several thousand dollars. If you steal a can of food cause you're
hungry or worse have a drug addiction you get handcuffed and likely
serve time. But if you wear a suit and tie and steal thousands, it is
normal.

Before everyone starts judging, remember that we don't know the
circumstances. It's possible that the seller had no acceptable bids
and really needed money fast and the seller's agent stepped in right
away and that they both understood that a better price could be
obtained if they waited. The agent may have a contract with the seller
to give some of the resale profits to the seller.

And no, I'm not in the real estate business.

Shaun Eli wrote:
Before everyone starts judging, remember that we don't know the
circumstances. It's possible that the seller had no acceptable bids
and really needed money fast and the seller's agent stepped in right
away and that they both understood that a better price could be
obtained if they waited. The agent may have a contract with the seller
to give some of the resale profits to the seller.

And no, I'm not in the real estate business.


Read your first statement genius.

What makes you think we want your uneducated, assumptive guesswork and
judgements? STFU, blowhard...

Really nothing solid other than definitely felt that he was trying to put us
off then discouraged us when we tried to make appointments to view the
property over a two week period, which is very unusual because normally
these are done very quickly. Him being the buyer and him trying to not let
us view the property together I got this bad feeling.

MC

"Shaun Eli" wrote in message
oups.com...
I would think that the party in a position to make a complaint would be
the seller. If you either got outbid or just didn't bid fast enough,
do you have any standing to file a complaint?

It is possible. But I tried over two weeks to set an appointment to view
the property. Two weeks! I have never been told by an agent to "wait
several days", "busy at the moment", "may be next week?" then "are you sure
there is a BIG mold problem will cost $20000 just to fix that..." Yes there
are situations I understand agents may delay things (like hurricane
approaching or owner out of town no access or house is being tented for
termite etc...but I got the feeling we were being discouraged to even look
at it. I expressed to them there is "significant interest" after seeing the
description, the eight photos on the MLS link, and I did a drive by after
knowing the address.

My assessment is, it can only HELP the seller to let us get involved, worse
case scenerio is it will not help but it can never hurt. If the house is as
described, I was prepared to offer full listing price.

MC

"Shaun Eli" wrote in message
ups.com...
Before everyone starts judging, remember that we don't know the
circumstances. It's possible that the seller had no acceptable bids
and really needed money fast and the seller's agent stepped in right
away and that they both understood that a better price could be
obtained if they waited. The agent may have a contract with the seller
to give some of the resale profits to the seller.

And no, I'm not in the real estate business.

"Old_boat" wrote in message
. ..

wrote in message
oups.com...

State is Florida. Not sure if this is against the rules or just
unethical?

MC

What they are doing sounds unethical but might not be against the
rules. They probably have some lawyer friends that can spin the rules
in their favor if anything went sour.

Basically the same thing happened to me here in Ohio on three occasions
with
homes that we wanted to purchase. You might as well move on because the
bottom line is someone else got it and you diddn't. The time and cost
associated to make it right to settle "principle" of this deal is
something
that you have to decide if it is worth messing with.

Larry




What I am wondering is, is there may be a mechanism I can propose to the
agent to "buy" his contract?

He is not planning to keep the property, we know that.
It appears he is not planning to remodel it then sell it at a much higher
price, we know that too.
Interest rate will go up further by December, very likely.
He may have to wait a while to sell it, if market cools off.
He has to pay closing cost and fees for this transaction.

So, it seems like, for the right "profit" he should be receptive to transfer
the contract to me instead...but I don't know if there is such a thing, my
wife REALLY likes this house and I want to do everything possible to get it
for her, including dealing with this creep (I will deflat his tires later
LOL). But how would one go about structuring something like that? Any
idea?

MC

"miamicuse" wrote in message
...
It is possible. But I tried over two weeks to set an appointment to view
the property. Two weeks! I have never been told by an agent to "wait
several days", "busy at the moment", "may be next week?" then "are you
sure
there is a BIG mold problem will cost $20000 just to fix that..." Yes
there
are situations I understand agents may delay things (like hurricane
approaching or owner out of town no access or house is being tented for
termite etc...but I got the feeling we were being discouraged to even look
at it. I expressed to them there is "significant interest" after seeing
the
description, the eight photos on the MLS link, and I did a drive by after
knowing the address.

My assessment is, it can only HELP the seller to let us get involved,
worse
case scenerio is it will not help but it can never hurt. If the house is
as
described, I was prepared to offer full listing price.


I'm at a loss to understand why the seller is not posting here if they want
help ?
Or even how a few USENET posts will even make any difference.

Perhaps they simply don't care.

And you should simply find a better real estate agent.

AMUN

"Amun" wrote in message
...

"miamicuse" wrote in message
...
It is possible. But I tried over two weeks to set an appointment to
view
the property. Two weeks! I have never been told by an agent to "wait
several days", "busy at the moment", "may be next week?" then "are you
sure
there is a BIG mold problem will cost $20000 just to fix that..." Yes
there
are situations I understand agents may delay things (like hurricane
approaching or owner out of town no access or house is being tented for
termite etc...but I got the feeling we were being discouraged to even
look
at it. I expressed to them there is "significant interest" after seeing
the
description, the eight photos on the MLS link, and I did a drive by
after
knowing the address.

My assessment is, it can only HELP the seller to let us get involved,
worse
case scenerio is it will not help but it can never hurt. If the house
is
as
described, I was prepared to offer full listing price.


I'm at a loss to understand why the seller is not posting here if they
want
help ?
Or even how a few USENET posts will even make any difference.

Perhaps they simply don't care.

And you should simply find a better real estate agent.

AMUN



I have no reason to believe the seller knows what's going on. May be they
do. I don't know.

MC

On Fri, 30 Sep 2005 22:42:59 -0400, "miamicuse"
wrote:

Last week I posted about a house with a mold problem. The house was listed
as "Active and Available". I contacted my agent to arrange a viewing,
although I have significant interest just by looking at the different
pictures and a drive by, the price is very reasonable too.

My agent was trying to contact the LA, and the LA said he is busy and can't
show it until a few days later. After a few days, no call back, and when
contacted says have to wait over the weekend. When we finally called over
the weekend, the LA said the property has a serious mold problem and will
cost like $20000 to fix, that the house was already sold but the buyer
backed out because of the mold problem. We were a little shocked and
thought about backing away, but then I thought I still want to see it and if
it's just replacing drywalls and carpets it's not such a big deal. I had my
agent called again and this time, the agent said the property has just been
sold, the seller reduced the price and the original buyer will be getting
the house. Oh well we will have to move on. Today my agent called me and
told me she found out the "buyer" of this house IS THE Listing Agent and
that he is
planning to sell as soon as it closes (told my agent he will be happy to
show it to us as soon as it closes in December). Isn't this a conflict of
interest? How can the LA recommend a price and then buy the property
himself (probably at a discount?) then get an inspection that reveals
serious mold problem to get the seller to lower the price, and even back off
on the contract to put it on the market again to pressure the seller,
knowing all this time he can block or discourage other interested parties
without the knowledge of the seller, and finally getting a price reduction,
and then probably his own commission, with the intention to flip? If he
thinks he can flip right the way, and make a profit, doesn't it mean the
seller is pricing it low, and shouldn't he be expected to inform/advise the
seller what the fair market value is? I am just real ****ed off to run into
shady deals like this. Any advise? Should I just move on or is there a
way to still get this house given the situation?

MC



This probably happens more often than we know.

I had 2 apartment buildings. One was ready to show. I was still
sprucing up the other one. Listed the first one with an agent who
belonged to my wife's sewing club. She didn't put a sign out front.
(Don't want to alarm the residents, you know) One small three-day ad
in the paper. Rocks on for about a month. She has had only one
enquiry. Finally got an offer from them for 10 percent less than our
asking price. We decided we would accept that if there was no more
interest by a certain date..

On that date, I was working at the other building next door. An agent
stopped and asked if I knew who owned the building next door. When I
told him I did, he said he had called the listing agent numerous times
and no on would return his calls.

Within an hour, I had called my attorney, canceled the acceptance of
the other offer and sold it for asking price. I later sold him the
other building as well.

It turns out, the only "interested party" was her son. She made more
commission on that building because I sold it for more but she didn't
make a nickel on the other one.

I wanted to nail her hide to the wall but my wife preferred not to.