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Old 06-23-2016, 04:40 PM
 
9,891 posts, read 11,790,274 times
Reputation: 22087

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Quote:
No my purchase is not contingent on the sale of my other house. I will probably put down less, thats all.
In one way your purchase is contingent on sale of your home. Until it is sold, you cannot firm up the financing, and the purchase of the home, and have a firm mortgage commitment and remove the financing contingency from the contract. There is still an unknown on the purchase of your new home. Just because you say I can close, but the amount of the DP is still not determined does not take the financing contingency of of your purchase contract.

The agent that was not checking to find what was going on, would not be doing due diligence on the sale of home you are buying. Doing so says it is a knowledgeable agent you are working with, and the request is very proper.
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Old 06-23-2016, 09:10 PM
 
Location: Washington, DC & New York
10,914 posts, read 31,432,377 times
Reputation: 7137
I do not see why she needs to speak with the listing agent on the house you are selling. The price, and all other pertinent data are contained in the MLS and she should not be interfering with the sale and marketing of your current property, especially given the impression that she has left with you that she is conniving. She does not represent you, and she can gain the knowledge that she needs from a business tool at her disposal, the MLS, which shows price, when the home was listed, area, etc.

If you can arrange financing without the sale of the current house, and have a commitment from the lender, reflecting your current property not being sold, then that's all the involvement that she needs in the sale transaction. If you want to proceed with the purchase, that's what you need to get from the lender, but the listing agent on your current home should not be involved with the dual agent.
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Old 06-23-2016, 09:17 PM
 
Location: Raleigh NC
25,116 posts, read 16,251,200 times
Reputation: 14408
Honestly, it doesn't sound like you are able to explain your own situation to either agent you're engaged with. So, if the purchase you say you want to make is going to happen, they'll have to increase the hand-holding.

Now, your listing agent should be advised by you, prior to speaking with this other agent, what type of representation the other agent is giving you. And again, you don't indicate that even you know the answer.
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Old 06-23-2016, 09:38 PM
 
2,813 posts, read 2,117,813 times
Reputation: 6129
Quote:
Originally Posted by casey11222 View Post
I just don't know what she is up to. She seems very conniving and I'd prefer she not get involved with my other transaction. Does she have a right to? Can I tell her no? Or can that be held against me somehow for not being cooperative, etc?

I want to tell her no you cannot speak to my listing agent but I dont want to come off the wrong way as I still need to work with her. She just seems very pushy and I know she is trying to get whats best for the seller and her, not me. What should I say to her?
Run, Casey, run!!!

This is not a good situation! This is a BAD situation!

Of course you can refuse her!! Why do you still "need to work with her"??

Get a buyers agent! Can your listing agent act as your buyers agent?

It sounds like you need to just move on from this lady...
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Old 06-24-2016, 06:32 AM
 
Location: Raleigh, NC
19,453 posts, read 27,902,603 times
Reputation: 36146
Quote:
Originally Posted by bmwguydc View Post
I do not see why she needs to speak with the listing agent on the house you are selling. The price, and all other pertinent data are contained in the MLS and she should not be interfering with the sale and marketing of your current property, especially given the impression that she has left with you that she is conniving. She does not represent you, and she can gain the knowledge that she needs from a business tool at her disposal, the MLS, which shows price, when the home was listed, area, etc.

If you can arrange financing without the sale of the current house, and have a commitment from the lender, reflecting your current property not being sold, then that's all the involvement that she needs in the sale transaction. If you want to proceed with the purchase, that's what you need to get from the lender, but the listing agent on your current home should not be involved with the dual agent.
Assuming the OP can do what the second paragraph explains, I'd agree. But I'm suspicious they can't. In which case, this whole deal is a cluster (caused, imho, by the OP not have his/her own buyer's agent).

Quote:
Originally Posted by BoBromhal View Post
Honestly, it doesn't sound like you are able to explain your own situation to either agent you're engaged with. So, if the purchase you say you want to make is going to happen, they'll have to increase the hand-holding.

Now, your listing agent should be advised by you, prior to speaking with this other agent, what type of representation the other agent is giving you. And again, you don't indicate that even you know the answer.
I'm not an agent, but I kinda wonder how many agents who aren't involved in a deal would freely give advice on another deal. I'm sure the good ones (like BoBromhal) would try to assist, but ultimately, the OP's listing agent got screwed out of a deal here. That's not a good place to begin asking for help.

Quote:
Originally Posted by AfternoonCoffee View Post

Get a buyers agent! Can your listing agent act as your buyers agent?
Too late for that.

Last edited by Jkgourmet; 06-24-2016 at 06:44 AM..
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Old 06-24-2016, 09:03 AM
 
Location: South Carolina
14,784 posts, read 24,124,266 times
Reputation: 27094
yeah just tell her no . I'm sorry but I'm looking into other options right now and I really don't have time for this . It is as simple as this ^^^^
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Old 06-24-2016, 01:15 PM
 
Location: El paso,tx
4,514 posts, read 2,532,295 times
Reputation: 8200
Quote:
Originally Posted by bmwguydc View Post
I do not see why she needs to speak with the listing agent on the house you are selling. The price, and all other pertinent data are contained in the MLS and she should not be interfering with the sale and marketing of your current property, especially given the impression that she has left with you that she is conniving. She does not represent you, and she can gain the knowledge that she needs from a business tool at her disposal, the MLS, which shows price, when the home was listed, area, etc.

If you can arrange financing without the sale of the current house, and have a commitment from the lender, reflecting your current property not being sold, then that's all the involvement that she needs in the sale transaction. If you want to proceed with the purchase, that's what you need to get from the lender, but the listing agent on your current home should not be involved with the dual agent.
This. ^^^^
If you have a mortgage commitment letter that does not require selling your other home, and shows correct dn pmt if other house isn't sold, and you did not make an offer contingent on selling then agent doesn't need to talk to your listing agent.
But I'd make sure your loan commitment letter reflects correct dn pmt, and not selling other house.
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Old 06-24-2016, 06:25 PM
 
Location: Medford Lakes NJ
18 posts, read 26,172 times
Reputation: 19
Talk to a real estate attorney.
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Old 06-24-2016, 09:51 PM
 
1,002 posts, read 1,052,832 times
Reputation: 983
Quote:
Originally Posted by casey11222 View Post
We are working only with the listing (seller's) agent on the house we are buying. However, we may not be able to go through with the purchase due to finances, etc. After speaking with the listing agent yesterday and letting her know she seems upset and asked to speak to our listing agent for the house we are selling. I am getting bad vibe from her, feeling she is not working in our best interest. She asked again to speak to our house listing agent today but I dont see why thats necessary. Can I tell her no? I dont know what she is trying to do considering the deal is on shaky ground and shes working for the seller...
There has to be at least a "tad" of info omitted in your scenario. Good luck with your decision.
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