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Roberta Williams

Any advice on attorney woes?

By: Roberta Williams
Tuesday, June 05, 2007 8:17 AM

When I took this listing it was for a $174,000 condo in my building (why is it that the lower-priced properties seem to have so many issues? at least that has been my experience) the sellers tried to lower my commission by 2 points, but I stood my ground. Perhaps I should have taken that as an indication of what would come. I staged the unit for them, it was painted, new carpeting. We received a contract in less than 60 days. The offer was for $169,000 with 100% financing and $1,000 earnest money with a closing almost 60 days out. I mentioned to the seller that $1,000 down was not a lot for  such a long wait for closing. That's when the problems began. They took it to their attorney straight away. The seller's wife told me the attorney "was like a son to her".  This attorney suggested a contingency contract in which I would continue to show the property but if another offer comes through the buyer would have to come up with $4,000;spoke to me for the first time for less than 5 minutes and yelled he was not going to explain it to me, with an expletive, and hung up. I was stunned.  I told the sellers about the exchange and from that point on the attorney did not communicate with me. He killed the deal eventually by crossing out the buyer's request for condo docs. The the sellers shifted into overly emotional blame-finding. I decided to not renew with them and told them 1 week before my expiration I did all I could, suggested another realtor, they were not happy. So guess what? In that week we got another contract. The closing date has been delayed twice. My communication has been with the sellers by e-mail, who are not going to closing. I e-mailed the settlement sheet to the attorney and the realtor. The realtor for the seller said she would be happy to pick up my check for me if I cannot attend closing and we can make arrangments for the buyer to get the keys. What do you think ? Should I go and deal with this attorney? I have other closings that may conflict-so this may be a non-issue.

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Comments

Gene Carey
Member Since '03

Gene Carey said:

If the seller has pre-signed the necessary documents there is no need for you to be there either. As far as his suggestion regarding the first contract, that is common practice in our area when someone has a HS or HC contingency. We don't often see it on Financing contingencies but I can see where an attorney could suggest it. The reality is that once a property is flagged with a contingency, the showings usually dry up since agents take the path of least resistance when showing properties, so buyer #1 probably wouldn't have been forced to come up with funds they didn't have in the first place. Whenever I have someone put an offer on one of my listings with a HS or HC contingency, I always make sure we get more EM if they elect to waive it due to a bump offer coming in. There is a blank line in our contracts for adding an amount.

June 5, 2007 8:03 AM
Klaus Nicholson
Member Since '07

Klaus Nicholson said:

I would and I would yell at him through the entire closing.  lol

June 5, 2007 8:04 AM
Gloria Losie
Member Since '06

Gloria Losie said:

Life is too short.  Let the other Realtor deliver your check.  As you said it may be a non-issue anyway with your busy schedule.  We never know what triggers someone to act out.  If you are doing your very best don't worry.  Easy to say.

June 5, 2007 8:04 AM
Gloria Losie
Member Since '06

Gloria Losie said:

Klaus,

You are too funny.

June 5, 2007 8:05 AM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

LOL Klaus. . . I would probably go there in a black suit with dark sunglasses and not take them off the entire closing . . . and just smile the whole time.

The good news is that Roberta's getting PAID for all the grief. You're almost there, Roberta . . . keep smiling all the way to the bank.

And yes, the only thing that sucks more than an attorney interfering is having the attorney for a client, LOL . . .

Actually, one time I had two brothers as clients . . . one an attorney and the other an actor. The attorney was the sane, cool, cooperative  one . . . the actor understood nothing and freaked out at everything. Go figure . . .

June 5, 2007 8:11 AM
Mary Welch
Member Since '04

Mary Welch said:

Sounds like the atty was asked to get involved, but wasn't on the clock which explains why he didn't have "time" for any of it. I would go to closing if I could, you didn't do anything wrong as far as I see it.

Speaking of attys getting involved, I submitted a contract to a buyer for approval before I submitted it to my seller. It came back with writing all over it. The buyer works for 3 attys, one is a divorce atty, one a criminal atty and the third I don't know. These were our typical covers everything association contracts. They didn't like some of the wording. I called her and told her I would do my job and they could do theirs. When I spoke with her lender, she said the same thing, the attorneys were involved in that too. She told them the same thing I did. These attys had given her some bad financial advise. What a world, what a world.....

On second thought, do what Klaus suggested...JK

June 5, 2007 8:21 AM
Velda Miller
Member Since '03

Velda Miller said:

I would, absolutely in no uncertain terms, make sure that I was there no matter what I had to move around to do it.  

No way would I let an attorney intimidate me.  Go, be polite, shake his hand, whatever you have to do.  Be prepared for this attorney to again try to intimidate you.  Stand firm, speak softly and politely.  You are only feeding his ego by cowering in the corner.  Be the better person, especially if it is in front of the other agent and her buyers.  I don't mean that you should be a doormat but you could "kill him with kindness" and if he is human at all, it will show him that he is nothing but an a**h***.

You have to do what you feel comfortable with though.  This is what I would do because that is just the way I am but there is another reason.  The attorney can't go back to your sellers and tell them whatever his impressions were about the closing.  You were there taking your notes seeing everything and you are there doing your job.

Twice I've not been at a closing (with buyers) due to unavoidable circumstances.  Both went off without a hitch but I still feel bad about not being there.  I know your sellers aren't going to be there but I would still take that extra step.  So go, then afterward, go buy yourself a huge hot fudge sundae with extra fudge, go to your favorite park to eat it and sit there, unwide, vegitate, cry whatever you need to do, then jump right back in for your next challenge.

June 5, 2007 8:36 AM
Gene Carey
Member Since '03

Gene Carey said:

then afterward, go buy yourself a huge hot fudge sundae with extra fudge, go to your favorite park to eat it and sit there, unwide, vegitate, cry whatever you need to do, .................

..........and decide what to get the sellers for a closing gift :-)

June 5, 2007 8:40 AM
Mary Welch
Member Since '04

Mary Welch said:

lol Gene

June 5, 2007 8:42 AM
Cathy  Clark
Member Since '06

Cathy Clark said:

I agree with going to the closing.  Kill him with kindness and professionalism.  Represent your client.

June 5, 2007 9:00 AM
Todd Clark
Member Since '06

Todd Clark said:

I agree also - Go to the closing. It sounds like the kind of person that if you don't show up, he thinks he has won!

June 5, 2007 9:37 AM
Jay & Francy Thompson  REALTORS®
Member Since '05

Jay & Francy Thompson REALTORS® said:

Go. In fact, go a few minutes early and stash Becky's bat in the room. Then pop him upside the head with it if he gets out of line....

Seriously, I'd go and be polite and professional. The attorney sounds like an ass. Don't let him "win" by driving you off.

June 5, 2007 10:41 AM
Roberta  Williams
Member Since '06

Roberta Williams said:

I love this. Thanks so much for your feedback! I did not mention that I had to send several e-mails and phone calls to the sellers (I won't deal with the attorney's anger issues) to get the first post-poned closing date. The seller (husband) has yelled  at me because the attorney misinformed him about the reasons the first contract died. I am not weak, but trying to be rational with over-the-top hysterics is draining. It would be fun to do what Klaus suggested-but I am leaning towards Gloria's wrap-up at the moment. You have all helped- just to make me laugh about it was enough!

June 5, 2007 10:53 AM
Jana  Davis & Marcia Demerjian
Member Since '05

Jana Davis & Marcia Demerjian said:

Don't forget to pick up some pastries and Starbucks :)  

June 5, 2007 10:45 PM

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Roberta Williams
Keller Williams Realty Gold Coast

Roberta  Williams
Member Since '06

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