I don't think it is a good idea to post just the bad things that happen to me or the events that I just can't get out of my mind. I guess when the good events happen andI feel really good, I feel good for the moment. Why don't I take those feelings home with me. I usually have on the average I would say 3 a day, but do I take those home with me and fixate on those feelings at night - No I take home the crap that bothers me and the idiotic things that other people do.

So here goes my rant:

This guy totally screwed up!!!

I just witnessed the biggest mistake a Realtor can do. Another agent from a different company I will call Weller Killams put in an offer on a home that I have listed. Everything is going great, moving along and the inspection deadline (the time that a buyer can get out of a contract for any reason) passes with no issues. Two days after the deadline I get a letter stating the buyer is terminating the contract. There is no reason - just a terminating. Strange, but ok I gues people change thier minds all the time - but this guy did it two days too late.

So the other Realtor thinks that his client has a right to get his earnest money back (is he in for a surprise!). Since he missed the deadline ,my clients have a right to the earnest money. I double check my interpetation of the contract by calling my attorney and just to be extra safe I get an opinion letter from the Colorado Association of Realtors basically saying that the buyer has no right to the earnest money.

I notify the agent to let him know we are going to keep the earnest money and he is in total denile. Turns out he does not understand or hasprobably never read a real estate contract. He swears up and down that my interpetation is wrong and he is now trying some classic tricks of the trade to get the earnest money back. I was one step ahead of him the whole time.

Since the buyer terminated the contract after the deadline, there is no more contract so the buyer cannot use any of the other "outs" in the contract because he termainated it! Pretty simple huh? But for some reason this agent can't figure it out. I send him the opinion letter that CAR sent me and he continues to agrue it.

In Colorado a Realtor is employed by a broker who oversees everything, I am a employing broker and if this was one of my agents I would make them pay the buyer back out of thier own pocket and try to stop this from getting ulgy. This other agent's broker would do the same thing to avoid a lawsuit. Well guess what? No calls from the broker or his attorney, this means he has'nt told anybody about this and is probably making excuses to the buyer.

I just infomed him that if the buyer does not give up his rights to the earnest money, we will basically sue them and they will have to pay our court costs and attorney fees.

The funny thing is is that this agent was absolutely positive he made no mistakes ,now I think he is crapping his pants.

Tony
www.hqhomes.com