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Contributor
entendu
Posts: 30
Registered: ‎03-21-2011
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Unresponsive/sleazy seller's agent...

What do you guys do about an unresponsive/sleazy seller's agent?

 

Backstory -- this particular house has been on the market 75+ days, no offers. Seller's agent has been unresponsive, responding to only texts, and only sporadically. I put in an offer (at asking price) and lost (to a cash deal for the same amount, funny how that works with other offers coming in at the same time, eh?) -- the house went pending, and then fell through at 10 days. The story we got (finally) from the seller's agent was that the inspection found some section 1 issues, the buyers renegotiated, the sellers wouldn't budge, and the buyers walked.

 

I found a lot of section 1 on my walkthrough (I'm pretty thorough :smileywink:) and I expect most of those problems I've already accounted for. Possibly not though, so I'd like to see a copy of the inspections before writing my offer so I can write a true "highest and best" offer. But now the agent is saying he doesn't know anything about any inspections.

 

I'm frustrated! I'd like to give them what they want, but this agent doesn't seem particularly interested in selling. If I were the seller, I'd want to know! What do you do, just shrug your shoulders and move on? 

Super Contributor
Metalhead
Posts: 224
Registered: ‎12-20-2011
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Re: Unresponsive/sleazy seller's agent...

I assume you have your own agent?  If so, I would let my agent do the bothering, especially with the actual broker who is overseeing the transaction for the agent.

Gold Super Contributor
Jil
Posts: 3,209
Registered: ‎10-24-2011
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Re: Unresponsive/sleazy seller's agent...

[ Edited ]

To me, the LA seems to be responsive (based on text messages), but may be pre-occupied with other sales.  If not, Given this information, seller agent has already got another offer accepted (or in review) or at the verge of being fired by seller. They will not supply a inspection report and they normally say "No report" which is very common. It is the kind of test for serious buyers whether they like to spend extra cash for inspection or not. If you are directly contacting LA, normally they do not entertain if they have another buyer he/she representing. You have to come through your own agent. This way, LA responds to your agent. As MetalHead indicated, leave it buyer agent, LA will respond faster to your agent.

 

Contributor
entendu
Posts: 30
Registered: ‎03-21-2011
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Re: Unresponsive/sleazy seller's agent...

We do have a buyer's agent. He's talked to the brokerage, and they're disinterested. It's one of those huge brokerage houses that has hundreds of agents.

 

Pretty sad.

Platinum Super Contributor
Nanomug
Posts: 10,441
Registered: ‎05-30-2009
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Re: Unresponsive/sleazy seller's agent...

If the seller does not negotiate the repairs then it is likely that the seller is not in possession of the inspection. Whether the seller has a copy of a previous buyer's inspection is moot as they can't distribute the inspection.

 

The inspection is purchased by a buyer for the buyer's use only. Unless the buyer authorizes the seller to share their inspection report the seller can't hand it out.  Most buyers don't authorize this and most sellers don't want a copy of a report that they aren't going to negotiate.

Contributor
entendu
Posts: 30
Registered: ‎03-21-2011
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Re: Unresponsive/sleazy seller's agent...

[ Edited ]

Jil wrote:

They will not supply a inspection report and they normally say "No report" which is very common. It is the kind of test for serious buyers whether they like to spend extra cash for inspection or not.


Seems silly to me. I provided an inspection report when I sold my place, IMO it cuts out the second "we got the inspection, here's my lower offer" stage of the process and encourages good offers. EMD+prequal is the test for serious buyers. If I'm willing to put $20k+ cash into escrow it doesn't seem like a $400 inspection would be a great indicator of seriousness, comparatively. 

 

Problem with this place in particular is we know the following facts:

  1. There are Section 1 issues of some kind.
  2. Est. repairs of those items was high enough to chase off the strongest of 4 offers. I don't see a buyer walking on a $600k deal over $5k in repairs with this kind of inventory (south bay).
  3. The seller is not willing to budge off of asking price at all (communicated by the LA).
  4. Asking price is marginally high (no flipping/rent opportunity, esp. considering the Sec 1 issues).

Wife's pregnant, so I'm more willing than usual to pay a higher price/do more repairs. I'm pretty much the sucker-buyer these guys need :smileyvery-happy:

 

Problem is, LA is playing so close to the chest that I can't write a good offer. 

Contributor
entendu
Posts: 30
Registered: ‎03-21-2011
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Re: Unresponsive/sleazy seller's agent...


Nanomug wrote:

most sellers don't want a copy of a report that they aren't going to negotiate.


I don't get it, do sellers think the issues will go away? They'll land buyers who aren't going to do an inspection? If they're sitting on $10k worth of (hidden) repairs and they will not ever take less than asking price, the better strategy is to reveal the problems up front so prospective buyers can make offers that aren't going to fall apart. Unless the seller's goal is to keep the home as long as possible!

 

 


Nanomug wrote:

Whether the seller has a copy of a previous buyer's inspection is moot as they can't distribute the inspection.


Something about this doesn't sound right. If they read the inspection, they know of material defects and are compelled to disclose them, no? Perhaps not in the form of the actual inspection report, but in some form.

Platinum Super Contributor
buyinghouse
Posts: 5,890
Registered: ‎04-23-2011
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Re: Unresponsive/sleazy seller's agent...


entendu wrote:

Jil wrote:

They will not supply a inspection report and they normally say "No report" which is very common. It is the kind of test for serious buyers whether they like to spend extra cash for inspection or not.


Seems silly to me. I provided an inspection report when I sold my place, IMO it cuts out the second "we got the inspection, here's my lower offer" stage of the process and encourages good offers. EMD+prequal is the test for serious buyers. If I'm willing to put $20k+ cash into escrow it doesn't seem like a $400 inspection would be a great indicator of seriousness, comparatively. 

 

Problem with this place in particular is we know the following facts:

  1. There are Section 1 issues of some kind.
  2. Est. repairs of those items was high enough to chase off the strongest of 4 offers. I don't see a buyer walking on a $600k deal over $5k in repairs with this kind of inventory (south bay).
  3. The seller is not willing to budge off of asking price at all (communicated by the LA).
  4. Asking price is marginally high (no flipping/rent opportunity, esp. considering the Sec 1 issues).

Wife's pregnant, so I'm more willing than usual to pay a higher price/do more repairs. I'm pretty much the sucker-buyer these guys need :smileyvery-happy:

 

Problem is, LA is playing so close to the chest that I can't write a good offer. 


  Maybe you can go and check the new homes by North Winchester Blvd.  and Forest Ave. In San Jose? I am not sure if the place across the street from Goodyear auto center has a date for the break ground but I saw some new homes at the very end. What happens is that Forest Ave. ends into Winchester, then you have to make a right hand turn, then a left hand turn to keep going on Forest Ave. But what I saw today was that they created a private or soon public street where I saw brand new homes. Check it out, who knows?

  Also, corner of San Carlos and Meridian, new homes to be built.

 

  On your case, if you could get a hold of the other buyer and buy the inspection report from them for a few peanuts. It wouldn't be a bad idea, just to see where you can stand. But we know, it's hard to get some help from competition. This RE business is something where you hear and tell 100 stories and never hear the same one.

 

  I will send you my phone # just in case I find something so we can communicate. Believe me, I drive erratically sometimes and find myself looking at new construction sites unheard of. By the way, it reminds me I saw a place on Monterey Rd. going south (Curtner Ave to Capitol Exp. way) where they were advertising new homes, but that was months ago. Sorry I can't be of a good help.

 

 

Silver Trusted Contributor
Rebeccah
Posts: 841
Registered: ‎09-08-2008
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Re: Unresponsive/sleazy seller's agent...


entendu wrote:

Something about this doesn't sound right. If they read the inspection, they know of material defects and are compelled to disclose them, no? Perhaps not in the form of the actual inspection report, but in some form.


The seller may not have had the opportunity (nor the desire) to read the inspection report.  If the buyer said, "my inspection shows $25K in section 1 damage," the seller may have just told him to take a hike, end of story.  I'm not saying that's what happened; just that it is not a given that the seller has seen the actual inspection report that was obtained by the buyer.
The seller has disclosed that there are section 1 issues that were sufficiently great as to cause the previous deal to fall through.  That meets the disclosure requirement, and puts a prospective buyer on notice to do their own inspection.  The seller is not required to itemize the damage claimed to have been found by another buyer.
I am not a lawyer, but that is my understanding of the California disclosure requirements.
Rebeccah
Silver Trusted Contributor
SamShuehRealtor
Posts: 956
Registered: ‎10-27-2008
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Re: Unresponsive/sleazy seller's agent...

It sounds like they expect you to submit an offer and if you are accepted you can do your own inspection.