Granny is slightly upset about this...you could say that my normal pleasant personality has fully slipped off a slippery slope and fallen into the deep end...again!
You know, in my years of real estate practice, I have met some mighty fine folks who work in the real estate industry. In fact, I'd have to say that the majority of other agents that I have had interactions with have been decent, hardworking and ethical individuals.
And then...well...every now and then you run into a stinker like this fellow I'm about to introduce you to.
Let's refer to him as "Agent Scoundrel!"
By the way, I came upon this particular person who works as an agent in my community, not because I had a transaction with him, but I did just complete a transaction with another agent who was on the receiving end of all of this nastiness from Agent Scoundrel who, I think you'll agree...certainly lives up to his name!
Agent Scoundrel's a seasoned agent who is also known by a few folks as a Prima Donna, his way or the highway kind of fellow...need I say more?
I recently closed and escrow on a home where I represented the buyer. The seller's agent was a lovely woman that we will refer to as "Agent Amiable." I had never had a previous transaction with Agent Amiable, she was a delightful and considerate person to work with.
Agent Amiable's sellers were also in the middle of purchasing a home with a close concurrent, Agent Amiable represented them in the purchase of their new home in addition to the sale of thier current home.
Agent Scoundrel represented the sellers of the property that Agent Amiable's sellers were purchasing, thus Agent Amiable's sellers were also Agent Amiable's buyers...oye...Who's on first?
My transaction was a perfect breeze, complication free. In fact, I would say that during this process, the sellers and the buyers became very friendly, you can't imagine a more flawless and happily pleasant escrow process.
However, without being told exactly what was happening, (It wasn't really our business anyway) we were quite aware that the sellers other transaction (Where they were the buyers of their new home) was anything but pleasant! Several times during my own transaction, I offered to assist Agent Amiable with what seemed like a draining and complicated transaction on the other end. (Once a mentor, always a mentor...or meddler?) However, she never wanted to talk about any of the particulars. Only telling me that since Agent Scoundrel was a big producer in her office, she'd not make any waves as to his nasty behavior.
Unfortunately, as in many inner office agent-conflicts, management often sides with the top producer, rather than the one who is actually right...we all know where the buck stops!
I might add that Agent Scoundrel and Agent Amiable happen to have their licenses at the same brokerage know as "Big Blue!" I hang mine with "Big Red White and Blue" the one with the balloon logo...thankfully!
Still...other than a few comments made by Agent Amiable's clients, none of us knew any specific particulars with regards to the other transaction until after our escrow was closed, my buyers allowed the sellers to lease back the property one week as they intended on doing some painting and remodeling at their new home. As I said before, my transaction was without conflicts, all parties became friendly and helpful to one another...the way it's supposed to be!
The properties were scheduled to close concurrent, my escrow closed and then the big bang...the other escrow didn't close. Well...it was only delayed by a day or so...that's when we finally heard what had been going on.
Evidently, Agent Scoundrel had secured his own buyer for his listing, meaning that he would have doubled ended the deal (Expensive Property, twice the commission...half the ethics?) Agent Scoundrel was NOT a happy camper because his clients had just accepted the offer from Agent Amiable's buyers. Some may say that this sort of set the tone for things to come!
Of course, nobody knew that Agent Scoundrel had a buyer in his back pocket, perhaps he should have told his sellers not to accept any offer until his own buyer could put together their offer. Still...it left Agent Scoundrel with a bad taste in his mouth.
Poor Agent Scoundrel...don't you just hurt for the guy?
Unfortunately, Agent Scoundrel (Or his sellers...who really knows?) did something pretty darn awful when they signed the acceptance on the contract from Agent Amiable's buyer.
There is a big lesson for everyone to learn from this...and the main reason that I check and double check when an offer has been signed and returned.
As most folks know, a buyer writes an offer to purchase. If the seller does not like something in the offer, they don't change the original offer; they institute a counter offer with any changes. You cant change an offer once it has been signed by a seller, and certainly NOT unless it is brought to the attention of all parties involved and initialed by all parties. What happened is that Agent Scoundrel made a small change to the offer and then told his sellers to sign the offer and returned the offer to Agent Amiable...with no mention to the change that he or his sellers had made to the original contract. Of course, Agent Amiable had a copy of the original contract that had been signed by the buyers; clearly that copy does NOT have the other verbiage that was written in by the sellers or the seller's agent...Agent Scoundrel!
Unfortunately, Agent Amiable verified that each page had been signed and then sent the paperwork to escrow to open the escrow process. Even thought you can't change the original offer, please everyone double check your contracts to be certain that no Agent Scoundrel in your own area does this to you. I know you don't expect it, but there are horrible people in the world and some of them (Highly unlikely...I hope!) but some of them may work in your community...worse yet...even in your own office. So please, check and double-check when an offer has been accepted that it has not been changed in any manner!
Agent Amiable didn't realize that Agent Scoundrel, a very experienced agent from her OWN OFFICE had deliberately made changes to the original contract that she had submitted to him earlier...and then deliberately not told her about his changes.
This property is a small acreage about 1.5 hours outside of Los Angeles with a spacious luxury home. However, being rural (Rural for California) the property had a septic tank, rather than a city sewer connection. There is a box that Agent Amiable checked that stated that the seller would perform a customary septic inspection. Even though any changes to the buyers signed offer should have come on a separate page (A counter) what happened is that Agent Scoundrel just wrote in that area that repairs would be limited to $500. Then he had his sellers sign the contract, (But no initials by any changes in the contract) never mentioned to the buyers agent that he had changed the buyers offer in any manner other than his clients had dated and signed all the pages.
Okay...it's true that Agent Amiable should have caught this devious act, I think that it's something so contractually unethical for anyone to change a contract unilaterally and then not mention it to the other agent, pretty much amounts to an intentional deception AT THE VERY LEAST and certainly not in the spirit of cooperation. This is not something that most folks would anticipate from another agent who supposedly is experienced and claims to be ethical. And certainly, not from someone in your own office!
During the course of this entire escrow process, Agent Scoundrel never bothered bringing the subject of the contractual change up to Agent Amiable. And I will be the first one to agree that Agent Amiable bears a certain amount of responsibility for NOT catching this act of contractual terrorism! Still...Agent Scoundrel...at the very least should be taken out behind the barn and beaten!
One day before closing escrow is when, after repeated requests from Agent Amiable to Agent Scoundrel to provide the Septic Inspection Report, that is when it was discovered that the Inspection hadn't even been ordered! An inspection was quickly ordered by the sellers, to come back with a surprising $18,000 in suggested replacement of septic system!
The buyers, who had sold their home to my buyers and closed escrow already AND were leasing back for a week, had fully packed, signed loan docs and then signed off on all contingencies...never aware that Agent Scoundrel had put that $500 repair cap on the Septic Inspection. Almost like he knew something was wrong...or like his clients told him that something was wrong and tried to hide it. Even if that's not true, it's pretty suspect at this point!
Again...I know that Agent Amiable missed the mark on catching this devious deed by Agent Scoundrel...and in a court of law, they will probably find Agent Amiable partly responsible for not catching this contractual change.
My question is this...what should be done with Agent Scoundrel?
More importantly...if you shoot a rotten agent...do you really lose your library card privileges...permanently?
Love, Granny
www.ActiveSunshine.com
There was an amazing agent at my old company who had social networking down!
