• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Broker acting unethically?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

matthewmills

Junior Member
California

I am in contract to buy a home. I am representing myself, and the other agent gave me 10 days for inspection and 14 days for loan contingency. I told her I wanted 14/17 respectively and she said that she would give an extension no problem. She extended the inspection contingency but never sent me a signed copy by the Seller. I will need an extension to Friday for loan and she seems reluctant to do it. She said that she will cancel escrow and go to market if my loan contingency goes until Monday. I asked her if she spoke to the Sellers, she said she’d make that decision herself. Now she is telling me to remove my loan contingency without even having a commitment letter. She just sent me a two day notice to perform supposedly signed by her Sellers but I am not missing any deadlines until tomorrow. Here are my questions:
1. What happens if I don’t sign the cancellation instructions if they are given to me after the notice to perform as I believe I am proceeding in good faith trying to get my loan?
2. She’s asking for signed disclosures at the same time as the notice to perform, what’s the reason for this?
3. If I remove my loan contingency, is my deposit non refundable under the standard CAR forms?
4. Is there any issue with me contacting the Sellers since it is obvious she is not communicating everything to them?
5. She is recommending me to her loan broker (stating in an email she has no faith in my loan broker) who she says can approve, commit, and fund the loan in 16 days, which I feel can’t be accurate. Is there some issues with that that I am missing?
6. Is any of this actionable in a DRE complaint?

Any advice is greatly appreciated.
 


tranquility

Senior Member
1. What happens if I don’t sign the cancellation instructions if they are given to me after the notice to perform as I believe I am proceeding in good faith trying to get my loan?
Wouldn't the contingency fail?

2. She’s asking for signed disclosures at the same time as the notice to perform, what’s the reason for this?
What are you disclosing?

3. If I remove my loan contingency, is my deposit non refundable under the standard CAR forms?
If you don't perform.

4. Is there any issue with me contacting the Sellers since it is obvious she is not communicating everything to them?
The broker gets cheesed off and cuts you out of any chance at the deal. Sure, they don't have the power, but they do usually have the influence.

5. She is recommending me to her loan broker (stating in an email she has no faith in my loan broker) who she says can approve, commit, and fund the loan in 16 days, which I feel can’t be accurate. Is there some issues with that that I am missing?
The loan costs more?

6. Is any of this actionable in a DRE complaint?
If all material facts are not being brought to the client she has breached her duties with the client. You have no idea if that really happened. Also, it will not help you get the house.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top