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  • Agent's Behaviour: Is this normal?

    Hi There o wise ones and kindred spirits!

    I have a situation and am confused.

    We have gone unconditional a few weeks ago. Our solicitor sorted all our documents etc. (as normal)

    Yesterday I received a call from the vendor's agent telling me that the vendor's solicitor told the agent to get in touch with us because the loan document has not been sent to the vendor's solicitor hence not yet "approved".

    Agent insisted I faxed over these documents to her ASAP. Work has been flat tack and I didnt have time (thankfully) to do it (though I was confused when I was on the phone with the agent). I told the agent that I would ring our solicitor immediately and find out what is going on as we had signed off all docs, LIM, builder's inspection, deposit payment etc weeks ago. The agent insisted the fax would suffice.

    Anyway, called our solicitor who told me that he was just speaking to the vendor's solicitor and she knew that everything was all kosher. Our solicitor was confused as to why the agent wanted me to fax over our loan docs? I was very confused and emailed our solicitor to report this quite "rush" insistent request.

    It doesnt stop here.

    This morning I received a call from the agent at 8am asking if we would allow for our funds to be transfered to the vendor. We asked the agent to speak to our solicitor. So our solicitor calls me and told me that the agent was asking release of the funds before the 10day holding period. He asked me if we know why the agent is requesting this. We don't know.

    Because there are a few missing bits in the house from the chattel's list when I last saw the place, our solicitor wants to get confirmation of these things before the funds are released.

    So - is this normal? Why would the vendor solicitor ask the agent to get us to fax our loan docs? And why would an agent ask for funds to be released early?

    It has left me a little wary.

    This afternoon, I drove by the Property we purchased and despite it going unconditional a few weeks ago, the SOLD sticker is not slapped on the for sale board and in fact, the for sale board is new.....

    What do you think? This is the FIRST time i am in this situation. And if the agent is going to "exhaust" more of our solicitor's time, i am going to pass the cost to the agent


  • #2
    Ther is no way any of this is normal & I have dealt with alot of settlements as a broker.
    All conditions are normally confirmed solicitor to solicitor. There is no way any of this should be going through the agent - and way any funds should be exchange, except through the normal settlement day process. This must be instigated by your lawyer who will ensure on your behalf that all has been dealt with, i.e clear title, motgage discharge.

    The details of your loan are of no concern to your purchaser or the agent - do not send them anything.
    When a finance condition is settled - the only information their solicitor or any other party one their behalf is entitled to is that you can satisfy this condition.
    I smell a big fat rat here & best you give all valid information to your solicitor & request an urgent analysis of "what the" is going on.

    Comment


    • #3
      what do you think the agent is trying to do? big fat rat? how did you know she looked like that!!! i dont know much about rat's intentions - from your experience, why is she doing this? She is not a freshie, she is an experienced agent.

      Comment


      • #4
        Why not just ask the agent? Say "why is this necessary?" Then ask them to put it in writing & send it to your solicitor.

        Comment


        • #5
          Originally posted by Hound View Post
          Why not just ask the agent? Say "why is this necessary?" Then ask them to put it in writing & send it to your solicitor.
          I did ask her this on the phone and she said that she was asked by the vendor's solicitor to contact us re loan docs. I didnt ask her to put it in writing as i was in the middle of work when she rung, though i rang our solicitor immediately who then told me he has spoken the vendor's solicitor and all is green. He was completely baffled with what i told him just happened.

          After today, I am also wondering why hasnt she put the SOLD sticker on the for sale sign. And the sign is now a new sign (and not the oldish one which it had previous).

          Comment


          • #6
            Originally posted by evie View Post
            what do you think the agent is trying to do? big fat rat? how did you know she looked like that!!! i dont know much about rat's intentions - from your experience, why is she doing this? She is not a freshie, she is an experienced agent.
            I suspect the agent has no idea what is going on & is only trying to do what they can do to save a sale.
            Remember in all cases, the agent acts for the vendor.
            So if you get any issues/queries, you ask they be directly to your solicitor asap, who acts entirely for you.

            The thing I am having a real problem getting my head around is, not the agent acting as a go between - its the vendors solicitor going through them at all. Never never never had that happen but always a forst for everything.

            Comment


            • #7
              Primarily based on experiences from everyone on this forum - i am wondering why would an agent do this?

              Would it usually mean:
              1. the big fat rat wants me to pay more to my solicitor who is her secret toy boy (he is much younger than she is)
              2. agent is in trouble and wants her cut earlier?
              3. vendor in trouble and wants their cut earlier?
              4. agent trying to weasle her fat rat butt out of our signed S&P?
              5. agent trying to weasle out of our S&P cos she's got a better deal?

              I am still confused and a little worried
              Last edited by evie; 12-06-2009, 11:08 PM.

              Comment


              • #8
                Sounds like monkey business to me. Ring her early tomorrow morning & ask for an explanation. Then ask her to put it in writing.

                I wouldn't get too alarmed at the sale sign issue.

                Set the agenda & maintain the initiative. Do not allow yourself to become a victim of other peoples follies.
                Last edited by Hound; 12-06-2009, 11:13 PM.

                Comment


                • #9
                  Originally posted by Hound View Post
                  Sounds like monkey business to me. Ring her early tomorrow morning & ask for an explanation. Then ask her to put it in writing.

                  I wouldn't get too alarmed at the sale sign issue.
                  OK - but someone did spend some $$$ to put up a new sign. I mean it is sold, so why do it? It doesnt make sense OK! I will set the agenda and maintain the initiative!

                  Unless the sign maker is the agent's real toy boy? i have one and that is enough to keep me busy! I dont get how all these ladies cope with more than 1 man in their lives!!!

                  ps: i am just kidding with toy boy references, i do become a little funnier than usual when I worried! (*side effects from too much vegemite when i was younger*)

                  Comment


                  • #10
                    I would ask her how long she has been selling real estate for.
                    I would definitely ask her for her realistic assessment of the status of the deal based on the information she has. And - ask if there is ANY information that she is aware of that is could be pertinent to the agreement in place. That puts the agency in the hotseat - make sure you ask she clarifies that in writing. You then have added security should things go pear-shaped of action against the agency. I still have no answers as to why they have done what they have - except inexperience. Follow your solicitors lead but make sure you are on top of every step - not all solicitors are born the same - as is proven by the vendor.

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                    • #11
                      Maybe the old sign got damaged. They usually contract some old buggar to stick them up, there is a certain randomness in this. Don't obsess about it. Do not entertain sideshows, just focus on closing the deal.

                      Comment


                      • #12
                        Originally posted by MoatMaster View Post
                        The thing I am having a real problem getting my head around is, not the agent acting as a go between - its the vendors solicitor going through them at all. Never never never had that happen but always a forst for everything.
                        Today, the vendor's solicitor said she didnt instruct nor discuss anything with the agent (our solicitor called her today) - that's why i am confused with the agent's actions.... I have just emailed my solicitor to obtain an "analysis" of the situation (as advised) and get an email respond from the vendor's solicitor that she didnt discuss the matter with the agent pertaining to loan docs to be faxed to agent.

                        I will probably have to wait till next week to find out what is up. Should i drive by the property on sunday to see if agent is still having open homes? I feel like i am spying... oh bother....!

                        Comment


                        • #13
                          Originally posted by Hound View Post
                          Maybe the old sign got damaged. They usually contract some old buggar to stick them up, there is a certain randomness in this. Don't obsess about it. Do not entertain sideshows, just focus on closing the deal.
                          Pls elaborate on "closing the deal" - isnt the deal closed? The offer was accepted, all s&p signed, loans done, LIM done, deposit paid etc.

                          What else do I need to check out and be prepared for? This is our first standalone house. All other PIs we purchased (apartments and units) never had such excitement and "drama"

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                          • #14
                            I should have said "focus on settling the deal & taking posession" How long to settlement?

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                            • #15
                              Originally posted by Hound View Post
                              I should have said "focus on settling the deal & taking posession" How long to settlement?
                              The vendor needs time to find a place, secure deposit and move out hence we agreed to 10 Aug.

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