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First Time Seller Need Help!

terry_2211 profile photo
  • Sunday, July 13, 2003 @ 09:27 AM EDT
  • 2 Comments

I am oversea selling my house in Florida. By fax I signed an agreement with a listing-seller agent I know, 5 days after my house was listed he contacted me with an offer way lower than the price asked for my house, i rejected this offer.

Next day a buyer agent working with my seller agent made me another offer matching my price, I agreed to sell, he faxed me the contract that I signed.

From this day absolutely all communication were by emails between the buyer agent and myself, my seller agent never communicated at all with me for 3 weeks.

I agreed to about everything requested by the buyer, including to pay for termite treatment (fumigation) after inspection showed it was needed in order for them to get their loan.

The only requierement I had was that the buyer let me stay a few days after closing to give me time to ship my belongings oversea, which was agreed.

Then, buyer changed his mind, decided at closing I had to be out, buyer agent organized the all fumigation process, finding the company and deciding I will stay 4 days somewhere in a place she had while the fumigation would be done.

I had no desire to come from so far away and waste 4 days somewhere while I have so many things to do before closing so I told buyer agent to schedule the fumigation for the end of my stay.

Since, everything is a mess. Few days ago suddenly my seller agent finally contacted me to let me know what he had decided about the fumigation, of course, I was not asked anything.

Several times I requested the buyer to sign an agreement which would cover eventual damages caused by fumigation. As of this day I never received any answer to my request.

Finally I took information about the fumigation Cie I am supposed to pay and discovered that few years ago disciplinary action was taken against this company for faulty fumigation procedures by the Florida Dept of Agriculture. I emailed my seller agent that this company will not touch my house.

At this point, he is warning me that if there is no fumigation there will be no closing, this will be my responsibility and there might be consequences.

Which I translate as a threat to be sued probably by the buyer.

What should I do? What can i do?

Any help is more than welcomed !

Thanks

Comments(2)

  • no photo
    rajwarrior13th July, 2003

    First, if the buyer agreed, in writing, to let you have that extra time at the property, then if they don't, they are in breach of contract and you wouldn't have to sell it to them anyway. So any threats about legal action would be to them, not for them, IMO.

    Second, the seller's agent is supposed to be working for you. If they can't even maintain a decent amount of contact with you, how can they be working in your best interest. FIRE THEM. Again, IMO.

    Third, if you're paying the bill, you can choose any pest control agency that you want. If they insist on using that company, someone else would have to buy.

    Finally, make sure that you retain all copies of any mailed correspondence, and the date, time, and a brief description of any phone conversations. I'd also contact an attorney with a rundown of the situation, just in case.

    Roger

  • no photo
    terry_221113th July, 2003

    All communication was by emails through the buyer agent only, so I have an email in which the buyer agent said the buyer had no problem to let me stay.

    I have no idea what the legal value of emails are but as all communications were through emails, this is all there is. Of course none of the agent ever bother to call.

    At this point my seller agent says I have to find the fumigation company myself and have the treatment done in time for buyer to get their loan for closing.

    I am thousands miles away and won't be in Florida before next week, the only thing I could do would be to start hunting fumigation Cies as soon I land but closing is scheduled for July 31st so no matter what I do, it's almost impossible for me to find a decent fumigation Cie in time.

    Because of time zone and phone cost involve there is no way I can find a fumigation cie now while I am oversea.

    Not only my seller agent didn't communicate with me at all during all negociations but I expected one of them (buyer or seller agent) to at least select a fumigation cie who didn't have that kind of bad record.

    Despite the fact disciplinary action was taken against the fumigation Cie, the seller agent keep pretending this Cie is the best and that buyer has no problem having it fumigating my house. So I can only be the bad person. Still, nobody mentions who will cover eventual damages caused by fumigation.

    Right now I am too far to do anything, I have to find a way to protect myself against the seller agent and against the buyer and its agent.

    And I really do not know what to do exactly.

    Thanks for your answer.

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