I would like to tell you all 2 different things that have happened to me in Real Estate and why it is always very important for you to always get a buyer, or seller’s signatures on documents.
Scenario #1 I was contacted by a buyer to start searching for a home to by, so of course I set them up on the local MLS to search for homes, and showed them properties at least 4 times a week. I of course had them sign a Buyer Broker Agreement in the beginning of the process. After about 3 months of showing homes to them I received a call from them stating that they had found another home and contacted the listing agent on the for sale sign. I was somewhat upset about this as you can imagine. In the meantime I also found out that it was a house that I had previously showed them.
I went to my broker and discussed this with him, and he asked to look at my original contract they signed with me. When everything was done and said, I ended up getting paid the commision on the deal after all. The buyers failed to tell the listing agent they had signed a buyers agreement with me and my broker submitted a demand for payment through escrow with the copy of the agreement. After all I thought I was representing them to purchase and had invested my time, and effort working to help them.
Senario #2 I had taken a listing agreement to sell a home for a client, holding open houses, creating flyers, sending out postcards, you know the usuall stuff. I had many offers on the table, but the sellers would not negotiate on the price at all. After about about 4 months on the market the seller came to me and my broker and stated that he wanted to get out of the listing agreement (six months) and that he decided to let his son take over the payments to keep the home.
Of course I do not believe in holding a seller to a listing contract if they do not want to sell the property as this is not how I work. I of course set the date on the contract, but if a seller really wants out then I let them out. Who wants to hold on to a seller that will only prohibit you from selling the property.
About 1 month later something came to my office email about the escrow information and prelim report. I could not figure out why this was happening. Well after investigations on my own I found out that the seller was selling the home to another person. I contacted the Real Estate attorney and found out that because the seller lied to get out of the listing agreement and misled my broker to believe he was not selling the property we were due the commission on this sale also. Again we submitted the information to escrow and negotiated a deal with the seller through closing and were paid a commission.
I could of just walked away from both deals but my broker was the one helping to fight for me, I consider it reimbursement for services already rendered.
Signatures always protect you in every case not just Real Estate.
Terri Wisecarver
REALTOR®
Short Sale Specialist
Whitman Metropolitan Inc.
DRE 01429634
Mobile 916-201-4007
http://www.TWRE.info Sacramento Real Estate