Real Estate

Real Estate Broker let down

  • Last Updated:
  • Jul 23rd, 2020 12:29 pm
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote

Real Estate Broker let down

Brought a new house in Winnipeg (sadly real estate broker have dual agency representation) .

Previous Owner left in a very bad condition ( un-sanded putty on walls, removed tv mounts etc, backyard had meter high weed, and removing it all, the grass is all ruined , needs cleaning/sodding etc.)

Let the Real Estate Broker know on the day of possession., no traction.

Damn Sellers lawyer black-mailed about putting any clause on the day of possession.,.

Real Estate Agent is all words..

Exploring an option for Small Claims Court..

Need help

1. How can i get the contact address of seller, so as can file a Small Claims Courts (seller's lawyer, RE Broker, all are not replying)
2. Is there any benefit of filling a case with Real Estate Board. ( wondering if they do not have any process to guard against these callous sellers)

I am not even looking for any financial remuneration, just want the lawn to look like the day the house was shown/inspection was performed)

Will appreciate any assistance



PS: To make matters even worse, the seller and his wife had separated after the sellout...no wonders !!!! found that after the deal, as a matter of fact , like 20 days after the deal
41 replies
Member
Dec 12, 2011
203 posts
224 upvotes
Toronto
I'm not even sure if this will be worth the hassle OP. Why have this hanging over your head when you should be trying to enjoy your new dwelling? Looks like karma has already dealt the sellers a bad hand. Just fix up the drywall and lawn and move forward. Taking them to small claims will prob be a big headache and stress with no guarantee you get anything in the end. Congrats on the home purchase though.
Sr. Member
Jan 22, 2012
645 posts
258 upvotes
Bradford
Not worth going to small claims court. Buy some sandpaper and mow the lawn. It’s not worth the hassle.
Deal Guru
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Mar 23, 2008
13006 posts
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Edmonton
The first question I'd have in all this is what kind of condition was the place in when you viewed it?

Second, why didn't you have your own realtor?

The fact that the sellers separated at any point is not relevant.

I'm in agreement with the other poster... Just move on. Pursuing it will just cost even more time and money, likely with no results.

C
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Jan 2, 2012
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greenking wrote: Previous Owner left in a very bad condition ( un-sanded putty on walls, removed tv mounts etc, backyard had meter high weed, and removing it all, the grass is all ruined , needs cleaning/sodding etc.)
Were TV mounts specifically listed on the purchase agreement as included in the sale?

And didn't you do a final visit of the home closer to your possession date?
Deal Addict
Feb 19, 2019
1707 posts
2617 upvotes
Stouffville ON
greenking wrote:
Damn Sellers lawyer black-mailed about putting any clause on the day of possession.,.

……………
2. Is there any benefit of filling a case with Real Estate Board. ( wondering if they do not have any process to guard against these callous sellers)
Can you elaborate how the seller's lawyer blackmailed you into putting no clauses into the offer?

What did your lawyer do to protect you on closing?
Full Time and Full Service Realtor
Sr. Member
Dec 28, 2010
847 posts
368 upvotes
Toronto
I always wondered about this situation and feel for the OP.
So how does one protect oneself? Such that on the day of possession, the condition of house is as it was advertised or seen before.
I would assume many sellers are considerate in vacating a sell and do proper cleaning etc before handover.
But, are their clauses to protect buyer? - like a deposit hold before final sign-off. What if stairs are damaged during the move or bigger damage that one finds after possession.
Should one take all pictures or videos as soon an offer is accepted? , even then what can one do on day of possession or after keys are handed over - usually through lawyers office?

It's (not) like buying a used car and taking it back to the agent and asking - hey the door handles were fine during the test drive and now they don't work. I guess, once keys are handed over, have to just move on.
Last edited by Karma2000 on Jul 21st, 2020 6:16 pm, edited 1 time in total.
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote
Well that is what it is looking now..

Just not bothered about myself, trying to engage in some conversation , that it does not happened to anyone else..

Maybe Real Estate brokers, who get 25 grand for a deal, should have the RE Board to enact some SOP's to prevent that...

Thanks for congrats..
Deal Guru
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Mar 23, 2008
13006 posts
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Edmonton
Karma2000 wrote: I always wondered about this situation and feel for the OP.
So how does one protect oneself, so on the day of possession, the condition of house is as it was advertised or seen before.
I would assume many sellers are considerate in vacating a sell and do proper cleaning etc before handover.
But, are their clauses to protect buyer? - like a deposit hold before final sign-off. What if stairs are damaged during the move or bigger damage that one finds after possession.
Should one take all pictures or videos as soon an offer is accepted? , even then what can one do on day of possession or after keys are handed over - usually through lawyers office?

It's (not) like buying a used car and taking it back to the agent and asking - hey the door handles were fine during the test drive and now they don't work. I guess, once keys are handed over, have to just move on.
When we bought our house, OUR agent did a walkthrough with us. There was some excessive crap that was left, and our agent helped as an intermediary between us, the seller's agent, and the seller. Some of the stuff we ended up dealing with on our own (since we had a dumpster for reno's anyway), some stuff we had them come drag out, and some stuff we agreed to keep. But the key is having someone on your side, which is why I asked why you didn't have your own agent.

And @Karma2000, there's been plenty of cases where the damages are significant enough to pursue. Like seller's putting in crap appliances and taking the ones that were there during the showing (we took pictures of serial numbers on major items we expected to be left), or things being broken (as you said, staircases are notorious for getting damaged during moves), or even, as in our case, excess amounts of crap being left behind because they ran out of time for moving and couldn't be bothered to make a dumpster run. It all depends on how much it's worth to you.

C
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote
Wish i can post the pictures..it is not the end of the world, but does not want one bad person to start a trend., so others get into the same mess.

Real Estate agents get substantial amount of money closing deals, they should at least have some system to prevent this.


1. I feel like an idiot now, should have had my own broker...was not aware of the risks associated with "dual agency broker" system
Did my study afterwards., It is banned in few provinces and brokers are supposed to let clients know about the possible issues that can arise , but I was not. Will definitely let the real estate board know about that.
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote
First thing i did is send pictures etc to my lawyer and he requested seller's lawyer about that , and seller's lawyer insisted that deal will have to be postponed (does anyone want anything like that to happen, after you move into a house)

Had to sign the documents , so that transition goes through
Deal Addict
Feb 19, 2019
1707 posts
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Stouffville ON
Karma2000 wrote: I always wondered about this situation and feel for the OP.
So how does one protect oneself, so on the day of possession, the condition of house is as it was advertised or seen before.
You put clauses in your offer such as the property is clean swept, no worse condition than when the house was shown, everything in working order etc.
You do the walk through a day before closing and if there are any warnings signs you contact the lawyer to deal with it, at the very least they would send in a warning letter to the sellers lawyer to correct the issues, with significant issues they can withhold the funds, if issues are minor they will most likely advise you to let it go as it's not worth it.
Full Time and Full Service Realtor
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote
there were clauses in documents that we signed with real estate broker and also saw signs from the seller too

Those documents had something like handing house over as it is shown , but those all look like of no use, without any enforcement.

About going to house before possession, that should be done by Real Estate broker, lawyers strictly forbid new owners not to go to site earlier then date of possession.

Loosing my faith in real estate agents...they promise you to provide fail dealing, does not even look like the RE broker bother replies to emails.
Deal Addict
Feb 19, 2019
1707 posts
2617 upvotes
Stouffville ON
greenking wrote: there were clauses in documents that we signed with real estate broker and also saw signs from the seller too

Those documents had something like handing house over as it is shown , but those all look like of no use, without any enforcement.

About going to house before possession, that should be done by Real Estate broker, lawyers strictly forbid new owners not to go to site earlier then date of possession.

Loosing my faith in real estate agents...they promise you to provide fail dealing, does not even look like the RE broker bother replies to emails.
Manitoba must be very different than ON, we walk through with the buyers just before the closing for that exact reason, among others.
Clauses are enforceable, but depending on magnitude of the issues and may or may not worth proceeding, it's up to you and lawyer to decide and show some bite.
Full Time and Full Service Realtor
Member
May 4, 2010
260 posts
252 upvotes
Ottawa
Purchase agreement can have some number of pre-possession visits by purchaser accompanied by buyer agent with appropriate notice given. There's nothing controversial about that.
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote
thanks for that information, will let my friends know about that
[OP]
Newbie
Jul 20, 2020
12 posts
1 upvote
Prob. Manitoba RE Board needs to be brought to adopt more protection for people dealing with them
Deal Guru
User avatar
Mar 23, 2008
13006 posts
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Edmonton
greenking wrote: Prob. Manitoba RE Board needs to be brought to adopt more protection for people dealing with them
Or people need to educate themselves more when making one of the single largest purchases that most of us will ever do...

ETA: BTW, not trying to be an ass, even if it seems like I am. But people come in here posting after the fact, asking what they can do about the situation they got themselves into. Instead of posting BEFORE getting themselves into a bad situation. Like posting in here prior to your purchase and asking "Hey, I'm thinking about making an offer, and the realtor wants to do a dual agency representation. Is this a good idea?" would have been much more productive.

C
Deal Addict
User avatar
Nov 1, 2001
1150 posts
470 upvotes
Toronto
Karma2000 wrote: I always wondered about this situation and feel for the OP.
So how does one protect oneself, so on the day of possession, the condition of house is as it was advertised or seen before.
I would assume many sellers are considerate in vacating a sell and do proper cleaning etc before handover.
But, are their clauses to protect buyer? - like a deposit hold before final sign-off. What if stairs are damaged during the move or bigger damage that one finds after possession.
Should one take all pictures or videos as soon an offer is accepted? , even then what can one do on day of possession or after keys are handed over - usually through lawyers office?

It's (not) like buying a used car and taking it back to the agent and asking - hey the door handles were fine during the test drive and now they don't work. I guess, once keys are handed over, have to just move on.
My sellers were pos. Left garbage I. Fridge, house, garage. Floor hadn't been vaccuumed or mopped probably since we last saw it even though they lived there and obviously generated mess. Red fungal/bacteria growth in shower and sink because they didn't wash it.
Deal Addict
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Nov 1, 2001
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rob444 wrote: Were TV mounts specifically listed on the purchase agreement as included in the sale?

And didn't you do a final visit of the home closer to your possession date?
I thought tv mount is considered a chattel as it it attached to home

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