real estate dust UPDATE: My eyes hurt from crying

[Beacon]

Go in and have a face to face meeting with her broker. Review the offer with him. Tell the broker that the agent is being verbally abusive and irrational, in addition to being unavailable to perform for you. Ask the broker to step in and deal with the offer you have on the table before it expires. I imagine this broker knows very well that his agent has a problem.

Next time your agent goes off on you tell her that you will not be able to discuss matters further with her until she stops her tirade, tell her you will have to hang up but will be happy to talk to her once she is ready to speak about the matter calmly. If she starts to scream, tell her you are hanging up and do so. Do not allow her to dominate and control the conversation in the way she has.

Check the expiration date of your listing agreement contract. Naturally you will not be renewing with this agent. If the agent maintains that you are not her client, explain this to the broker, tell him that it worries you and you want a signed "agency agreement" that will spell out the legal relationships between yourself, your agent and the broker. If you signed the listing agreement you are the client, but an agency agreement details just what level of fiduciary responsibility is required of your agent.

Depending on where you live an agency agreement is very standard. However some areas may not use them. Ask about it.

 

[mintve]

yes, i have an agency agreement. As of right now, the Broker is handling my negotiation. I do not know who will get the commission or how any of that will work. I think at this point I need to focus on selling my house and if it does not work with this offer, I will be chaging brokerage firms prior to the expiration of my contract. Unfortunately, I cannot do it in the middle of a offer negotiation.

my heart is just racing a mile a minuite. I feel like I am in an alternate universe today. This does not even seem real.

I spoke to the broker about my individual situation regarding my house and she is in the process of presenting a counteroffer.

 

[coatimundi_org]

Oh! I''m so sorry you have to deal with such insanity!
I''m sending positive real estate fairy dust your way.
Crossing my fingers that this will all work out for you!

 

[Odilia]

mintve, I feel so bad for you. (BTW, I only read your 1st post) I would cry too, let me tell you. And then fire that agent (as soon as you can). I've had some rotten real estate experiences in the past too, but boy, never such unprofessional, horrible behavior from a realtor. I feel for you!

 

[isaku5]

I am so sorry you were treated so rudely. Never in all my years have I heard of anything even similar. Her behaviour is so out of line, you should get her out of your life asap. Deal only with the Broker.

File a complaint with your local real estate board and as deco said be sure to document everything you remember her saying to you (and the date and approx. times).

Your agent is one sick puppy

 

[Tacori E-ring]

I am so sorry! I could file a complaint too. That is so unprofessional! I hope it all works out.

 

[movie zombie]

is her broker also the owner of the actual business? if not, contact that person immediately. suggest that her broker handle the sale. emphasis you can no longer trust this woman to handle your affairs in an appropriate and professional manner. if you''re in california, contact the board of realtors and see what you need to file a complaint. let the owner of the business know you are checking into your rights to protect yourself from this unprofessional contact. be clear that unless you receive professional and timely treatment, you will not be able to make a favorable recommendation to anyone in the community....in fact, it would be the opposite. word of mouth is paramount in the real estate business. the owner will not want to have this get around.

this woman may have had a bad day or days, she may be stressed, she may have had an emergency but she has no right to take it on you AND put her employer''s reputation at stake within the community.

movie zombie

 

[mintve]

 

[mintve]

thanks for all your support.

the broker is working on the negotiation as we speak

and i may end up writing a letter to the state real estate commission

fingers crossed the house sale pans out...

 

[CrownJewel]

Aw mintve that agent owes you a BIG apology. She is supposed to be a professional, and she actually sounds kind of...psycho. I hope the rest of the sale goes more smoothly.

 

[steph72276]

Aww, man....what a bad situation. I am so sorry that you had to go through that. Selling a home is stressful enough. I hope you do end up writing a letter. She is supposed to be a professional, and she proved that she is not!

 

[diamondseeker2006]

Date: 2/11/2008 1:55:38 PM
Author: decodelighted
I suspect your realtor has some kind of mental illness. A personality disorder perhaps? Whatever it is it has NOTHING to do with you. Just keep telling yourself that YOUR behavior is reasonable ... and even if you think you''ve been ''overly anxious'' or something that any mistake on your part STILL does not deserve this kind of outright ABUSIVE treatment.

Write down everything you remember she said to you and then ask for the broker to take over the transaction. You''ll need the details if the Board of Realtors gets involved or if she disputes the commission split. You should not have to have any further dealings with this woman AT ALL -- and, if I were you, I''d INSIST there be no further contact.

DITTO!!!! to everything deco said! Do NOT speak with this woman again!

(I do realize she must have been in a crisis and it would have been better if you had not tried to call her and if her office had not tried to call her, but someone needed to take over her business so they could read you the offer! She didn''t need to take it out on YOU! She should have told the people in the office that she was not to be disturbed and they could read you the contract!)

 

[Amandine]

mintve, I'm so sorry you had to deal with this woman!

You should absolutely file a complaint. I work in a customer service oriented field, and if I ever found out that any of my staff spoke to a customer this way, I would be horrified! I have been through family emergencies, and that is absolutely no excuse for losing it that way. Work is just that, set your personal baggage aside! I am just astounded and appalled that this happened to you. No wonder the state of customer service in any field has such a reputation for being on the downside, with people like this around!

 

[Diamond*Dana]

OMG!!! I cannot believe that she treated you the way she did! Yes, she IS working for you, but even if she were not, that is NO WAY to speak to another human being!! I would definitely file a complaint on her, without a doubt! I am so sorry that this nerve wracking situation (selling a home) has turned into an even bigger hassle for you. Good luck, I hope that this works out for you so you do not have to work with this

anymore!

 

[msb700]

i only just saw this post, but i totally agree with what most of the posters have already said!!

i am so

at how she handeled the situation and how she treated you!! that is completely uncalled for...and to even go and say ''i can''t believe you have a boyfriend!'' AHHHHHHHH!!! how dare she!!

 

[lisa1.01fvs1]

Please, please, please report her to the real estate board or whoever governs them.

I''m sure your''e not the first or last person she has done this to. Sounds like Borderline Personality disorder to me - Axis II in the DSM-IV - to a "T."

So sorry to hear it.

, Lisa

 

[Gemma12]

I''m so sorry this happened mintve!

To me, the definition of ''professional'' means someone who doesn''t lose her cool even if the client does. I don''t think you were out of line AT ALL in calling to check the progress of your offer which means that she was totally out of line. I really hope things get resolved and good for you for following it up with the broker!

I thritto the suggestion that you should report her to a regulatory authority. She has to realise there are consequences to this sort of behaviour.

 

[VRBeauty]

I bought my house without an agent so I know next to nothing about working with an agent. But -- I know that her behavior was unprofessional and inappropriate under any circumstances. For anyone to treat a customer that way is unacceptable. For a seller's agent to add that kind of stress to her own client in an already stressful market, and to potentially jeopardize a sale on she is handling your behalf, is beyond unacceptable. The firm she works for owes you an apologie, preferably in the form of a major break in the commission and other costs related to the sale.

ETA I agree with Deco's approach... make it clear that your agent is not to contact you or have anything to do with you. Since your contract is with the firm they should be able to accomodate that request, and it will make it very clear to them how upset you were (rightly so) and that you will not just pretend that nothing happened. Your agent's reactions seemed to be very defensive, like she knew she had screwed up from the outset and rather than dealing appropriately with it, she was trying to bully you into staying quiet about her screw-up.

 

[Deelight]

Hrmmm Mintve if it were me I would quite frankly tell her where to shove it (in much more colourful language) and either request another agent in that company or refuse to deal with them

She is working for you and you are paying her low commission or not your paying her.

ETA: I have had something similar happen to me, so I let her have it no should be spoken to like that without provaction

 

[Delster]

She''s a bully. A personal emergency does not excuse her behaviour, if she were a professional she would have excused herself when she began to lose it. And if the broker is the one who hired her, then they bear ultimate responsibility. They should be offering to complete the sale professionally for FREE!!! In these situations I always go straight for the CEO with a very calm letter (which I also fax through) setting out my complaints and the solution I want. And it always works.

I hope you get your sale Mintve, and at a great price too. Take care and keep us posted.

 

[Po10472]

I think you need to write everything down that has happened, dates, times etc. What was said and then once you have had some time to breathe and not feeling so emotional, write your letter of complaint.

It is unacceptable to be spoken to in that way by anyone but to have a ''professional'' make such personal attacks on you when you are her client (even tho she is debating that) is highly improper. You need to report this person, she sounds unhinged and she will continue to behave in this way unless someone reports her. Regardless of your personal circumstances, you do not bring them to work. If she is incapable of dealing with work when there are family problems or emergencies going on in her life, then she should phone in sick.

People like that really p**s me off, its not like selling your house is a walk in the park, its an extremely stressful time. so sorry you''re going thro this.

 

[Po10472]

also, forgot to say, if you have to speak to her, make sure you have someone with you, who doesn''t work with her. if she calls you, put it on speaker phone so that other people can hear what she says to you.

 

[rainydaze]

Date: 2/11/2008 9:27:21 PM
Author: mintve
thanks for all your support.

the broker is working on the negotiation as we speak

and i may end up writing a letter to the state real estate commission

fingers crossed the house sale pans out...

oh good, i''m glad you are no longer dealing directly with her. i hope your sale works out as well. definitely write that letter, that is the one thing she has earned!

 

[meresal]

It''s almost 10!!! Any news on the counter-offer??

 

[robbie3982]

OMG I''m so sorry you have to deal with this! I can''t believe she''s treating you like that! I really hope that you can work out a deal with the potential buyer!

 

[mintve]

Date: 2/12/2008 9:50:30 AM
Author: meresal
It''s almost 10!!! Any news on the counter-offer??

They did sumbit a verbal coutneroffer last night and we are in the middle of working things out...I hope. I am waiting patiently. They had some questions about the home inspection. My stomach is doing sommersaults.

I also think, one a price is settled, I will ask the broker if she will reduce the commission. And I also plan to write a letter of some sort to report the agent''s unprofessional behavior.

 

[lumpkin]

Keeping fingers and toes crossed.

 

[Linda W]

Deelight,

I am afraid that is what my husband would have done.

Linda

 

[Ellen]

Date: 2/12/2008 11:00:03 AM
Author: lumpkin
Keeping fingers and toes crossed.

Me too!

 

[meresal]

Date: 2/12/2008 11:46:50 AM
Author: Ellen

Date: 2/12/2008 11:00:03 AM
Author: lumpkin
Keeping fingers and toes crossed.

Me too!

Ditto!!! Let us know what you find out!!!