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

[quincy]

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.

The real estate agent should not have signed your name to any document without your authorization.

That said, the questions asked of you remain to be answered.

What is it that you want to happen? Do you want the sale cancelled?

You have a limited amount of time to act.

 

[FrauMama]

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?

I want the sale to go through, I want this to be over, but am I opening my family up to an unethical and possible legal nightmare where we don't have all the information because the realtor is signing our names to documents we've never seen? And are we possibly (legally) agreeing to things unknown? I suppose I wanted an answer such as "in my professional experience this situation sounds unethical and shady, you should be worried and not do business with this person because it could have legal ramifications" OR "this is normal behavior, in my professional experience I have seen lots of deals start this way and end with a perfectly good outcome, you are worrying about nothing." Thank you for asking, I appreciate your time.

 

[quincy]

I want the sale to go through, I want this to be over, but am I opening my family up to an unethical and possible legal nightmare where we don't have all the information because the realtor is signing our names to documents we've never seen? And are we possibly (legally) agreeing to things unknown? I suppose I wanted an answer such as "in my professional experience this situation sounds unethical and shady, you should be worried and not do business with this person because it could have legal ramifications" OR "this is normal behavior, in my professional experience I have seen lots of deals start this way and end with a perfectly good outcome, you are worrying about nothing." Thank you for asking, I appreciate your time.

In my years of buying and selling houses, I have never experienced what you have experienced. But I have always been present for each transaction.

I suggest you ask your agent to send to you ALL documents related to the listing and sale of your house. Tell your agent that, before you go through with the house sale, you want your attorney to personally review the documents.

Then have the documents reviewed.

Good luck.

 

[Zigner]

I agree that this sounds unethical and shady. HOWEVER, if the ultimate outcome is exactly the same as you wish in the first place, then what does it matter?

 

[FrauMama]

In my years of buying and selling houses, I have never experienced what you have experienced. But I have always been present for each transaction.

I suggest you ask your agent to send to you ALL documents related to the listing and sale of your house. Tell your agent that, before you go through with the house sale, you want your attorney to personally review the documents.

Then have the documents reviewed.

Good luck.

Thank you.

 

[BuyLowSellHigh]

With the initial post I didn't see any issues with the agents behavior. She disclosed the dual agency in the written contract which lays out all of the terms and conditions of the sale. Giving a short response time is common practice in a hot market. It's also fairly common for sellers to say I'm not going to look at the offer until the time is convenient for me so I'm going to reject it unless you give me more time to respond.

However, her signing your name on a document is totally inappropriate.I think you have valid reasons to not trust her.

You could contact her real estate company and tell them that you don't want to deal with her because you don't trust her. Explain what she did and ask for another agent. That would also help with the dual agency issue.

I also like the idea suggested of requesting time to be able to properly review documents. Explain that you are willing to extend the closing if necessary so that you can properly review all documents before signing.

If you feel that she has been unethical, contact the division of real estate and share with them the information about her signing your name to a document. They control her real estate license.

 

[quincy]

Thank you.

You're welcome. Thanks for the thanks.

Good luck.

 

[FrauMama]

With the initial post I didn't see any issues with the agents behavior. She disclosed the dual agency in the written contract which lays out all of the terms and conditions of the sale. Giving a short response time is common practice in a hot market. It's also fairly common for sellers to say I'm not going to look at the offer until the time is convenient for me so I'm going to reject it unless you give me more time to respond.

However, her signing your name on a document is totally inappropriate.I think you have valid reasons to not trust her.

You could contact her real estate company and tell them that you don't want to deal with her because you don't trust her. Explain what she did and ask for another agent. That would also help with the dual agency issue.

I also like the idea suggested of requesting time to be able to properly review documents. Explain that you are willing to extend the closing if necessary so that you can properly review all documents before signing.

If you feel that she has been unethical, contact the division of real estate and share with them the information about her signing your name to a document. They control her real estate license.

Thank you. I have a Colorado contract lawyer standing by to review the documents. We are still waiting for the agent to send them. The agent said this is an extra expense and not customary because all CO real estate contracts are written by attorneys.

 

[STEPHAN]

So you believe it is legal for her to e-sign other people's names to documents.

I did not say that. Did you even read what I wrote?

 

[quincy]

I did not say that ...

Actually, no one in the thread, including you, said that.

In fact, I think we all agreed that the agent should not have signed any documents in FrauMama's name without Frau's authorization to do so.

It will be interesting to see what happens with the house sale.

 

[Dandy Don]

It is unethical what she has done but if you don't register your objections, the agent has no way of knowing your position and then the sale may go through. E-signatures are a new area in the law. You truly need to consult with your real estate attorney about whether you wish to proceed with this contract or have it voided and ask whatever questions you have about the e-signatures.

 

[quincy]

Because this thread is close to a month old, FrauMama should have taken action already.

 

[Zigner]

When a thread is as old as this one is, most of the activity will be generated by spammers who try to advertise their services ...

You mean...like Dedra?