[winston3338]

I sold my mothers mobile home in Las Vegas, NV due to illness. I put in a foundation to change the mobile home from personal to real property so my buyer could get VA financing. My buyer came back with a broker so when the house was ready to sell the broker called a few times to meet with me to sign sellers papers he had for me. He later called and told me we had a date with the title company in about a week to close. He then called a day later and asked to meet with mom and I at her group home so she could sign the title and he would notarize it and we could file it with the Manufactured Home Division on East Sahara Ave. We met and he showed her where to sign the title and he notarized it. We both brought the title along with the affidavit of Conversion and inspection report to the Nevada Mobile Home Division on East Sahara Ave. but it was refused because the broker had mom sign and he notarized the title in the wrong place. We met mom again and he showed her where to sign and he notarized the papers and we went back to the MHD and filed the title, affidavit of Conversion and inspection report and filed it with no problem.

When I arrived at the title company the broker was leaving with my buyer. I stayed and signed everything and left with the check. Weeks later the Mobile Home Division in Carson City rejected the paperwork because it was not recorded by the recorders office and still had a problem where mom signed the title. The MHD put the papers in the mail and they were never seen again, lost in the mail. The land transferred ownership but the mobile home didn't. For the next 18 months the broker claimed he was working on the missing paperwork and came back with the title company copies that were useless. When I told him he should know that no one will accept copies in real estate transactions the broker stopped taking our calls so I looked into it and with in 10 days I had replaced the title, affidavit of conversion and the inspection report and the home was transferred to the new owner.

I wrote the broker to tell him I finished his sale and asked what I paid him for and he said he was only doing me a favor and ignored my why did I pay him question. I asked is he saying I didn't pay him and he wrote back, " have an exclusive buyers agreement with the buyer and no agency with you or you mother ", again not answering the did I pay him money. I sent him a copy of my receipt showing him I paid him $1200 and he said, This is not a commission I paid to you? and he said, " this is a commission paid to the buyer agent, if you see the FSBO is zero dollars as you did not have a agent representing you FSBO is for sale by owner. If you look thru the paperwork you will find a Confirmation of agency you will see that you signed stating that I represented the Buyer ". I see he was just acting as my agent so I would sign his papers and I know I was had. I asked the Division of Real Estate to look into it and they found nothing. We never had any discussion about me paying him and I know I never knowingly signed the paper he talks about. Just the way he tells me about it makes me sure he didn't tell me because I would have expected him to refresh my memory as to when I signed it. I know it's over but is there anything else I'm missing?

[ddrhazy]

Your story is hard to understand. Rewrite it so we can attempt to give you some advice. My first question is...how was the buyer found?

[winston3338]

Hi, Thanks for your reply. I'm not sure how to rewrite it so I'll try answering your question. The buyer answered an ad I put in Craigslist. He was going to finance with the Veteran's Administration but they wouldn't finance the mobile home because it was considered personal property and not real property because it had no foundation. I let the buyer go but then decided to put in the foundation and convert the home from personal to real property. The buyer came back with the broker who was showing him other homes. His financing was approved after the conversion and he bought the home with the broker as his representative. I hope that makes sense

[Everdeen]

What percentage of the sale went to the buyer's agent?

[BBMW]

You should have simply refused to deal with the broker as soon as the buyer showed up with him (assuming it was male.)

[ddrhazy]

Without knowing what your mother was signing, we can't be sure if one of those documents was an agreement for this broker to represent you.

Did you pay him in a separate transaction or did the title company pay his commission through the proceeds of the sale?

[winston3338]

Originally Posted by Everdeen

What percentage of the sale went to the buyer's agent?

Hi Everdeen, 3%. He charged $1200 on a $40,000 sale.

Originally Posted by BBMW

You should have simply refused to deal with the broker as soon as the buayer showed up with him (assuming it was male.)

Hi BBMW, He came on like he knew what he was doing. The problems started when he called to meet with us to sign the title and had mom sign it and he notarized it in the wrong place.

I didn't think much of it but then the paperwork was rejected in Carson City because the conversion wasn't recorded by the L V recorders office. Carson City claims they mailed the papers back back but they were lost forever. He claimed to be working on the lost papers but after 17 months he stopped answering his phone so I took over and all I had to do was order a duplicate title, rewrite the affidavit of conversion and I even contacted the inspector and he replaced the inspection report.

[winston3338]

Originally Posted by ddrhazy

Without knowing what your mother was signing, we can't be sure if one of those documents was an agreement for this broker to represent you.

Did you pay him in a separate transaction or did the title company pay his commission through the proceeds of the sale?

Hi ddrhazy, he was paid by the title company. As I was going through the papers 18 months later I found his payment. Up until then he never mentioned any money on our (seller) end. Because other bills (conversion) were paid at closing his payment went un-noticed.

[ddrhazy]

This is why you need to review the sale's agreement thoroughly during the time of signing. If you had looked at it and said, "I'm not paying this individual a commission, I found the buyer through my own advertising". The buyer would've had to pay the broker for his service out of their own pocket.

This broker probably sold his service by saying, "You need an agent to represent you so that you are not taken advantage of, it doesn't cost you any money, the seller pays my commission".

The bright side is that he only got the commission on the buyer's end. There are agents who manage to represent both the buyer and seller and they obtain the 3% commission(6% overall) that is due both agents.

It's doubtful that you have recourse but you should consult with a real estate attorney to see if you have a chance at winning in court.

[winston3338]

Originally Posted by ddrhazy

This is why you need to review the sale's agreement thoroughly during the time of signing. If you had looked at it and said, "I'm not paying this individual a commission, I found the buyer through my own advertising". The buyer would've had to pay the broker for his service out of their own pocket.

This broker probably sold his service by saying, "You need an agent to represent you so that you are not taken advantage of, it doesn't cost you any money, the seller pays my commission".

The bright side is that he only got the commission on the buyer's end. There are agents who manage to represent both the buyer and seller and they obtain the 3% commission(6% overall) that is due both agents.

It's doubtful that you have recourse but you should consult with a real estate attorney to see if you have a chance at winning in court.

He did just that, he was paid by the buyer also and that was always our understanding (the buyers and I). He was representing the buyer. I know he slipped that form in. I don't have a copy of a conformation of agency so I have no way of confirming his message telling me....

this is a commission paid to the buyer agent, if you see the FSBO is zero dollars as you did not have a agent representing you FSBO is for sale by owner. If you look thru the paperwork you will find a Confirmation of agency you will see that you signed stating that I represented the Buyer ".