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Yesterday my realtor e-signed a document for me, and didn't mention it.....same realtor I asked if she was behaving unethically..

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FrauMama

Member
Hello, for some reason my post from yesterday was closed to new comments. For explanation: The question about unethical behavior was NOT about representing both buyer and seller but about sending us a contract at 7:00pm which had a 9:00pm deadline, and not telling us that she and her partner were the persons who wrote the contract and the deadline. They met the buying family at the open house that day. My belief is, because she and her partner didn't want anyone else to bid on the house who might already have a realtor, (and therefore they would lose half the commission) they wrote the contract to expire 2 hours after sending it to us and pressured us to sign it.
So NEW DEVELOPMENT....Today the same realtor sent us an "Agreement to amend and extend contract" which SHE HAD ALREADY SIGNED OUR NAMES TO using the e-signature function. The amendment and our signatures were dated yesterday! When I questioned her she said it was because she is trying to speed the process along. What the what??!!! Here are new amendments:
4. Additional amendments:
22
Earnest Money holder is changed to Unified Title.

Loan is a VA at full purchase price of 419,900.
23All other terms and conditions of the Contract remain the same.
24
25This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before As soon as possible .
 


STEPHAN

Senior Member
The question about unethical behavior was NOT about representing both buyer and seller but about sending us a contract at 7:00pm which had a 9:00pm deadline, and not telling us that she and her partner were the persons who wrote the contract and the deadline.
I do not believe that. The contract for sure stated that they represent buyer and seller. To me, it looks like you signed a contract that you did not fully understand. You should NEVER do that. Never.
 

LdiJ

Senior Member
Hello, for some reason my post from yesterday was closed to new comments. For explanation: The question about unethical behavior was NOT about representing both buyer and seller but about sending us a contract at 7:00pm which had a 9:00pm deadline, and not telling us that she and her partner were the persons who wrote the contract and the deadline. They met the buying family at the open house that day. My belief is, because she and her partner didn't want anyone else to bid on the house who might already have a realtor, (and therefore they would lose half the commission) they wrote the contract to expire 2 hours after sending it to us and pressured us to sign it.
So NEW DEVELOPMENT....Today the same realtor sent us an "Agreement to amend and extend contract" which SHE HAD ALREADY SIGNED OUR NAMES TO using the e-signature function. The amendment and our signatures were dated yesterday! When I questioned her she said it was because she is trying to speed the process along. What the what??!!! Here are new amendments:
4. Additional amendments:
22
Earnest Money holder is changed to Unified Title.

Loan is a VA at full purchase price of 419,900.
23All other terms and conditions of the Contract remain the same.
24
25This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before As soon as possible .
I agree that she should never have signed your names without your authorization. However, so far it doesn't appear that she has done anything against your interests. Yes, she does seem to want this sale to close as quickly as possible, but again, it doesn't appear that she has done anything against your interests.
 

FrauMama

Member
Hello, for some reason my post from yesterday was closed to new comments. For explanation: The question about unethical behavior was NOT about representing both buyer and seller but about sending us a contract at 7:00pm which had a 9:00pm deadline, and not telling us that she and her partner were the persons who wrote the contract and the deadline. They met the buying family at the open house that day. My belief is, because she and her partner didn't want anyone else to bid on the house who might already have a realtor, (and therefore they would lose half the commission) they wrote the contract to expire 2 hours after sending it to us and pressured us to sign it.
So NEW DEVELOPMENT....Today the same realtor sent us an "Agreement to amend and extend contract" which SHE HAD ALREADY SIGNED OUR NAMES TO using the e-signature function. The amendment and our signatures were dated yesterday! When I questioned her she said it was because she is trying to speed the process along. What the what??!!! Here are new amendments:
4. Additional amendments:
22
Earnest Money holder is changed to Unified Title.

Loan is a VA at full purchase price of 419,900.
23All other terms and conditions of the Contract remain the same.
24
25This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before As soon as possible .
I agree that she should never have signed your names without your authorization. However, so far it doesn't appear that she has done anything against your interests. Yes, she does seem to want this sale to close as quickly as possible, but again, it doesn't appear that she has done anything against your interests.
So it is legal to e-sign others names to documents. Roger, duly noted.
 

FrauMama

Member
I do not believe that. The contract for sure stated that they represent buyer and seller. To me, it looks like you signed a contract that you did not fully understand. You should NEVER do that. Never.
So you agree that it is legal for her to e-sign others names to documents. Good to know.
 

FrauMama

Member
I do not believe that. The contract for sure stated that they represent buyer and seller. To me, it looks like you signed a contract that you did not fully understand. You should NEVER do that. Never.
So you believe it is legal for her to e-sign other people's names to documents. Ok.
 

LdiJ

Senior Member
So you believe it is legal for her to e-sign other people's names to documents. Ok.
Of course its not legal. However, unless you want her arrested for the crime of forgery, which I don't think that a DA would agree to prosecute in this instance, you have to have been harmed in some way for any civil action to be productive. Can you quantify any harm that has been done to you?
 

FrauMama

Member
Here is a link to your other (locked) thread:
https://forum.freeadvice.com/threads/did-my-agent-behave-unethically.656213/
Your agent should not have signed your name on documents without your authorization.

What is it that you want to happen? Do you want out of the sale?
These behaviors tell me our realtor is a liar and unethical and it scares me. What else is she signing our names to? What is she hiding? I want to sell the house but my gut and experience tells me one should never deal with or trust a liar OR a person who behaves unethically. This person appears to be displaying both behaviors. Others responding seem to think it is ok for a realtor to sign documents with our names. So, if this is common practice perhaps she isn't a liar and should be trusted?
 

FrauMama

Member
Of course its not legal. However, unless you want her arrested for the crime of forgery, which I don't think that a DA would agree to prosecute in this instance, you have to have been harmed in some way for any civil action to be productive. Can you quantify any harm that has been done to you?
The question is about unethical behavior, not arresting her for forgery, or quantifying harm, nice leap though. It is about living one's life according to a moral code and treating others in a manner in which I would wish to be treated. Her behavior scares me and makes me think there may be other things about which she is being deceitful. I am trying to decide whether to confront her or just let the process run, knowing she will try to work whatever is best for her, with no regard for my family. If/when that happens everyone, including myself, will say "why did you make a deal with a deceitful person?" The answer is, because I want to sell my house. So, is my desire to sell my house worth overriding my instinct and 49 years of experience which say any deal with a deceitful person is risky and not worth it?
 
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LdiJ

Senior Member
The question is about unethical behavior, not arresting her for forgery, or quantifying harm, nice leap though. It is about living one's life according to a moral code and treating others in a manner in which I would wish to be treated. Her behavior scares me and makes me think there may be other things about which she is being deceitful. I am trying to decide whether to confront her or just let the process run, knowing she will try to work whatever is best for her, with no regard for my family. If/when that happens everyone, including myself, will say "why did you make a deal with a deceitful person?" The answer is, because I want to sell my house. So, is my desire to sell my house worth overriding my instinct and 49 years of experience which say any deal with a deceitful person is risky and not worth it?
This is a legal forum, so the advice we give is based on the laws and legal reality. Does she have a boss? If so, you might make a complaint to her boss about her signing your names without your authorization. Or, you might simply tell her that she is not authorized to sign your names to anything and that she is not to do it again. To be honest, your description of her actions makes her look overly enthusiastic about accomplishing the sale rather than deceitful.
 

Zigner

Senior Member, Non-Attorney
I agree that what the agent did (e-signing your name without your authorization) was improper. The real question is this: Would you have e-signed yourself if she had not already done so?
 

quincy

Senior Member
These behaviors tell me our realtor is a liar and unethical and it scares me. What else is she signing our names to? What is she hiding? I want to sell the house but my gut and experience tells me one should never deal with or trust a liar OR a person who behaves unethically. This person appears to be displaying both behaviors. Others responding seem to think it is ok for a realtor to sign documents with our names. So, if this is common practice perhaps she isn't a liar and should be trusted?
Is there something about the house sale itself that worries you? Do you want to sell your house to the current purchaser? Do you want out of the current agreement? Do you want the real estate agent fired?

What is it exactly that you want to happen?
 

FrauMama

Member
This is a legal forum, so the advice we give is based on the laws and legal reality. Does she have a boss? If so, you might make a complaint to her boss about her signing your names without your authorization. Or, you might simply tell her that she is not authorized to sign your names to anything and that she is not to do it again. To be honest, your description of her actions makes her look overly enthusiastic about accomplishing the sale rather than deceitful.
Thank you for reminding me it is a legal forum, so your legal advice is she is enthusiastic therefore not unethical when signing my husband and my name to documents. Thank you for your legal opinion.
 

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