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  #1  
Old 09-16-2005, 09:19 AM
Junior Member
 
Join Date: Sep 2005
Posts: 4
Angry

I'm afraid my agent lied to me and made a high offer


What is the name of your state? California

Recently a agent showed me a house which was originally listed at the price of 840K and relisted after some time at the price of 790k. I decided to buy the house and asked the agent to write an offer. She said there must be another offer offering the same price as the listing price so we better give a offer of 800K. I agreed. The second day, the agent came to me said she talked to the listing agent and the listing agent told her he already got 2 offers. So she asked me to raise the offer to 820K. I trusted her and agreed and signed the offer letter. As expected my offer was soon accepted.

Oh, there were some detail I felt suspicious. at the time I signed the offer letter, she gave me the owner's disclosure package. I wondered where she got the package before an offer was made? I asked her where she got it and was told she got it from the listing agent.

After my office was accepted and an careful inspection of the disclosure and the house, I found the house has many problems. I felt my agent is not on my side, she only cares about the quick close of the deal so she can get her money, she gave me false information to boost the offer price so it could be accepted without doubt.

Here are my questions:

1) Dose a selling agent allow to contact the listing agent for info about bidders?

2) If I prove she lied to us (about her talking to the listing agent), can I sue her?

Your prompt help is greatly appreciated.

Have a nice day!

Eric
  #2  
Old 09-16-2005, 09:38 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by newbies
What is the name of your state? California

Recently a agent showed me a house which was originally listed at the price of 840K and relisted after some time at the price of 790k. I decided to buy the house and asked the agent to write an offer. She said there must be another offer offering the same price as the listing price so we better give a offer of 800K. I agreed. The second day, the agent came to me said she talked to the listing agent and the listing agent told her he already got 2 offers. So she asked me to raise the offer to 820K. I trusted her and agreed and signed the offer letter. As expected my offer was soon accepted.

Oh, there were some detail I felt suspicious. at the time I signed the offer letter, she gave me the owner's disclosure package. I wondered where she got the package before an offer was made? I asked her where she got it and was told she got it from the listing agent.

After my office was accepted and an careful inspection of the disclosure and the house, I found the house has many problems. I felt my agent is not on my side, she only cares about the quick close of the deal so she can get her money, she gave me false information to boost the offer price so it could be accepted without doubt.

Here are my questions:

1) Dose a selling agent allow to contact the listing agent for info about bidders?

**A: yes, provided such infomation is not confidential and proving the information does not breach the agent-client relationship.

*********

2) If I prove she lied to us (about her talking to the listing agent), can I sue her?

**A: yes, but you will not win and you will get nothing but a big bill for legal fees.
***********

Your prompt help is greatly appreciated.

Have a nice day!

Eric

**A: next time be better prepared.
  #3  
Old 09-16-2005, 09:43 AM
Member
 
Join Date: Aug 2005
Posts: 161
Quote:
Originally Posted by newbies
What is the name of your state? California

Recently a agent showed me a house which was originally listed at the price of 840K and relisted after some time at the price of 790k. I decided to buy the house and asked the agent to write an offer. She said there must be another offer offering the same price as the listing price so we better give a offer of 800K. I agreed. The second day, the agent came to me said she talked to the listing agent and the listing agent told her he already got 2 offers. So she asked me to raise the offer to 820K. I trusted her and agreed and signed the offer letter. As expected my offer was soon accepted.

Oh, there were some detail I felt suspicious. at the time I signed the offer letter, she gave me the owner's disclosure package. I wondered where she got the package before an offer was made? I asked her where she got it and was told she got it from the listing agent.

After my office was accepted and an careful inspection of the disclosure and the house, I found the house has many problems. I felt my agent is not on my side, she only cares about the quick close of the deal so she can get her money, she gave me false information to boost the offer price so it could be accepted without doubt.

Here are my questions:

1) Dose a selling agent allow to contact the listing agent for info about bidders?

2) If I prove she lied to us (about her talking to the listing agent), can I sue her?

Your prompt help is greatly appreciated.

Have a nice day!

Eric
Eric- It is HIGHLY doubtful that your agent lied. If you have spent any amount of time in the real estate market trying to buy a home you would quickly see how FAST the houses are selling and how much over asking price they are going for. Many buyers lose out on the first several houses they make offers on because they are being out-bid. Once they get the hang of it, they realize they need to make very strong offers. It sounds like your agent did a good job of making sure you did not go through that pain and hassle.

Regarding the disclosure package, 90% of listing agents have those ready and give them to buyers agent's who are either thinking of making an offer or have made an offer so that the buyer can check it out right away and either make a non-contingent offer OR back out quickly if they see something they don't like so that the seller can move on to the next buyer.

It sounds to me like not only did your agent do NOTHING wrong or bad, but they are also very proactive.
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