RE Agcy duty to walk in client

[ADBunting]

What is the name of your state? Nevada

I have posted various questions about this.

I contacted a local RE Agency about a listing and entered a contract of sale/owner carry a little over 14 months ago.

I was not represented by another agency, and the Agency had me sign a paper regarding representing the seller, BUT...it's my understanding that since I called them personally I should be treated as a client and they should have some duty of reasonable care. At least they should define exactly what they are going to provide to me in the transaction.

I believe I was railroaded into a flipping scheme by the Seller and the RE agency. I had signed all of the paperwork first and received the file of finalized paperwork relying on the professional experience of the Agent. Now I have discovered the RE Agency neglected to have the seller sign pertinant paperwork, (there are two aspects of this and the Realtor Purchase agreement is the one they failed to have signed even though he signed the last page involving the sole agency) and in addition failed to file or record the documents. I placed my faith in the professionalism of this agency. What I am facing is a crooked attempt to regain the property and retain my down payment using tenant/landlord law when my contract is clearly a purchase.

I was not offered any suggestion that I needed my own representative. I also wasn't informed that by my not having a representative I would be subject to serious consequences that would allow the seller to do or sign anything he wanted in the transaction to his benefit.

So, my question to any RE savvy people out there, if you had someone call or walk in about one of your listings, wouldn't they be considered a client/customer? Wouldn't you have some sort of professional obligation to them as well?

Thanks

Sue

 

[JETX]

Agency had me sign a paper regarding representing the seller

So, my question to any RE savvy people out there, if you had someone call or walk in about one of your listings, wouldn't they be considered a client/customer? Wouldn't you have some sort of professional obligation to them as well?

Part, if not all, of your answer is on that form you signed.

 

[ADBunting]

So the RE Agent can negligently omit certain acts...

that are part of their professional license to scam a buyer.

Is that what you're saying?

Sue

 

[JETX]

that are part of their professional license to scam a buyer.

Is that what you're saying?

Nope. That has absolutely NOTHING to do with what I said.

If you feel you were scammed... take your agreement to a local attorney who can review it in its ENTIRETY... and then listen to your obscure complaints... and advise what, if any, options you have.
Your problem is too complex for an online GUESS as to what your agreement says and what actions you failed to disclose might be relevant.

 

[lcannister]

Go back and read some of the answers to those other threads on the same topic.

Look it is to late for you, but the way NOT to get "railroaded" into anything is to have someone who is working for you and you alone such as your OWN agent or your OWN Attorney. Most people feel they know what they are doing or can not afford an Atty, especially in a transaction like this, now you can see how inexpensive that Atty might have been or that you did not know how to protect yourself.

As has been said to you before we can not see the contracts and now you need to seek legal acvice from a real estate atty in your area.

 

[PghREA]

What is the name of your state? Nevada



I was not represented by another agency, and the Agency had me sign a paper regarding representing the seller, BUT...it's my understanding that since I called them personally I should be treated as a client and they should have some duty of reasonable care. At least they should define exactly what they are going to provide to me in the transaction.

Read the paper you signed very carefully. The different types of agency should be explained. From your statement, it appears that you understood that the agency would be representing the seller.

So, my question to any RE savvy people out there, if you had someone call or walk in about one of your listings, wouldn't they be considered a client/customer? Wouldn't you have some sort of professional obligation to them as well?

Thanks

Sue

If someone calls on my listing or walks into the office, I do have a professional obligation which is explained both verbally and written - Agency Disclosure. By signing the disclosure, that someone makes a choice to be my customer or my client.

As for other items in your post, you should consult with a real estate attorney.