What rights do my friends have?
My friends are trying to sell their home and had put an offer on another home. Their realtor put an offer on the home they wish to buy & in the offer it stated that my friends current house would be placed on the market by a specific date. However, that day came and went as their realtor refused to put their home up for sale until they had photos for the online listing. They were able to get photos done three days later but the sellers of the other home had already refused the offer; due to the fact that the house was not on the market like it said it would be.They are planning on making an offer that is more than the original offer but they were already going to be house poor from the first offer. Now their realtor is going to be making more money off the 2nd offer. Do they have any rights to get money back from the Realtors commission or can they report the realtor for refusing to follow the agreement in the offer?
- HannahLv 61 year ago
BabyBoomer has it correct. The “friends” were likely required/agreed in the contract to provide the photos. By the way, a house can be posted for sale on RMLS with no photos and then the photos can be added later. The “friends” didn’t uphold their end of the deal so the sellers refused their first offer, which is the “friend’s” fault. Now they want to pay more money to purchase the house. If the sale goes through, it was the “friend’s” decision to make the second offer and also their fault as to why they are in that position. The realtor did not do anything wrong so there is absolutely no reason to report them or pay them less commission.
- realtor.sailorLv 71 year ago
Don't expect the seller to accept an offer that is subject to the sale of the buyer's home. It's one thing if all contingencies have been satisfied and your just waiting on closing, but the house isn't even under contract.
- SlickterpLv 71 year ago
The sellers were within the rights to back out.
They cold have gotten pictures at any time. Taking pictures is not hard. That's on them.
- MaxiLv 71 year ago
Your friends need to read the contract they signed which gives them all their rights/responsibilities and also their realtors rights and responsiblities
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- mermelizLv 71 year ago
Sounds like your friends need to approach a real estate lawyer. At least to consult their case!
- DCM5150Lv 71 year ago
First off, the term "realtor" is a trademark name for real state agents registered with National Association of Realtors
But, it sounds pretty cut and dry. There were terms to an agreement that your friends did not live up to. There are now new terms (because the old deal is now void) and your friends can either accept or reject the new terms.
You are living in a strange place if you think your friends have any legal ground in this situation based on what you have posted here.
- babyboomer1001Lv 71 year ago
What don't you understand about "your friends"
not honoring the agreement? Weren't the terms of the arrangement discussed beforehand? Since the homeowners were required to obtain the photos, and they failed to do that in time, your friends are responsible for the new house purchase falling through. The realtor needs photos to list a house.Source(s): Certified Paralegal, with 25+ years' experience & with Real Estate law experience.
- A HunchLv 71 year ago
You knew what your contract was...
- did the selling realtor know about the contract terms? Why didn't everyone make sure there was at least a skeleton MLS listing by the date of the contract.
- I just can't see the selling real estate agent didn't follow through... got to be more to it...
- linkus86Lv 71 year ago
Your friends have the right to negotiate a contract with their agent that can include such a discount. And if no contract has been signed, they have the right to contract with a different agent.
- JudyLv 71 year ago