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Old 03-02-2007, 03:44 PM
 
140 posts, read 591,197 times
Reputation: 45

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Ok let me tell you all what has happened. My sister in law signed a contract the other day to purchase a home by Standard Pacific in Cureton. The sales agent realy pressured her to sign with her three kids screaming and him rushing becasue he had to leave. After getting back to NY he was calling putting pressure on her to make certain option choices etc..... In any event, she decided to speak to my broker. Shethen terminated the agreement. SP know is telling her that if she wants to purchase with them, they will not pay for the broker, she will have to pay the buyer broker herself. Both the sales agent andte VP of sales kept telling her she did not need a buyer broker. Their position is simply that they ONLY pay brokers who bring the person to the community, otherwise the person has to pay for the broker themselves. Thoughts?? Seems like SP is very anti broker.
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Old 03-02-2007, 03:58 PM
 
1,453 posts, read 5,159,105 times
Reputation: 738
A lot of builders discourage buyers from having agents because they don't want to share the commission and because they don't want the buyer to have an advocate. They are legally obligated to inform the buyer of their right to representation and explain agency to them. If Standard Pacific failed to explain this to your sister she may have a recourse. If she didn't understand her rights maybe she should contact an agent and have them get in touch with SP for her.
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Old 03-02-2007, 04:16 PM
 
140 posts, read 591,197 times
Reputation: 45
She spoke to the sales Vp today, who said he would return her deposit even thogh he thought they had a valid contract. She informed him they sent a timely termination prior to receiving any comunication that the contract that they signed was accepted. They refuse to let hr purchase and use a broker, they only do tht if a broker brings a buyer to the community, otherwise they refuse to pay and make the buyer pay it themselves. This is contrary to the advertisement for prices and the payment of fees to brokers. It says nothing about u must be brought there by a broker the first time. That sounds like inest, not a real live body and representation.
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Old 03-02-2007, 04:20 PM
 
1,453 posts, read 5,159,105 times
Reputation: 738
If she still wants that particular home tell her to go back to that community, this time with a broker and sign a contract again. I'll bet they'll take it.
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Old 03-02-2007, 04:25 PM
 
1,453 posts, read 5,159,105 times
Reputation: 738
Oh, and wait until her refund check is back in hand.
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Old 03-02-2007, 05:53 PM
 
Location: Union County, NC
1,895 posts, read 6,181,448 times
Reputation: 774
Quote:
Originally Posted by robretpd View Post
She spoke to the sales Vp today, who said he would return her deposit even thogh he thought they had a valid contract. She informed him they sent a timely termination prior to receiving any comunication that the contract that they signed was accepted. They refuse to let hr purchase and use a broker, they only do tht if a broker brings a buyer to the community, otherwise they refuse to pay and make the buyer pay it themselves. This is contrary to the advertisement for prices and the payment of fees to brokers. It says nothing about u must be brought there by a broker the first time. That sounds like inest, not a real live body and representation.
This is a tough situation...the onsite agent should really ASK the person walking in the door if they are working with a realtor. That being said, sometimes they don't. This is one of the reasons I try to be very clear with my buyer clients that they need to tell the onsite agent they are working with a realtor (I usually give them a handful of cards to take with them if they are going to visit communities on their own.) Similarly, if you are interested in purchasing a FSBO, let your realtor call the owner first, to ask if they will pay the person that brings the buyer. This way you (as a buyer) can get representation. If the owner says that they will not pay, I tell my client and let them know that if they want to see the house and possibly purchase it, that I cannot represent them unless they want to pay me. It's a situation I hate to be in, but honestly I really want my client to get the house they want...fortunately this doesn't happen often!
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