real estate agents - Striper Talk Striped Bass Fishing, Surfcasting, Boating

MrHunters · 05-01-2007, 04:46 AM

Quote:

Originally Posted by Redsoxticket

If the closing date on the P&S is for tomorrow you'll need an extension for closing. Depending on your circumstances if there is no extension you may want to go to the closing tomorrow and get a time stamped on your P&S. This would proof that you were there and you did not breach your contract.

thats another thing... not to keep harping over this

our lawyer (bank lawyer) explained it like if we don't make closing tomorrow err today... it's typically an inconvenience for the seller! and we will have to ask their permission to extend so we don't want to ruffle any feathers until the absolute last possible minute.
But it's their selling agent who's held us up this whole time. When it comes down to it really, it's their fault since they chose this waste.

Don't we have the money....? shouldn't WE be calling the shots?

Bronko · 05-01-2007, 06:54 AM

Quote:

Originally Posted by MrHunters

thats another thing... not to keep harping over this

our lawyer (bank lawyer) explained it like if we don't make closing tomorrow err today... it's typically an inconvenience for the seller! and we will have to ask their permission to extend so we don't want to ruffle any feathers until the absolute last possible minute.
But it's their selling agent who's held us up this whole time. When it comes down to it really, it's their fault since they chose this waste.

Don't we have the money....? shouldn't WE be calling the shots?

The bank lawyer should have been be involved heavily prior to this point. When I am representing the bank, I call the shots. I'll try my best to help the brokers and the parties with scheduling and do my best to make the closing as smooth as possible, but some times people have to inconvenienced. The bank lawyer should be all over the seller's broker. Also, is there somebody signing for the seller under Power of Attorney or was all this done by FedEx?

MrHunters · 05-01-2007, 07:17 AM

Quote:

Originally Posted by Bronko

The bank lawyer should have been be involved heavily prior to this point. When I am representing the bank, I call the shots. I'll try my best to help the brokers and the parties with scheduling and do my best to make the closing as smooth as possible, but some times people have to inconvenienced. The bank lawyer should be all over the seller's broker. Also, is there somebody signing for the seller under Power of Attorney or was all this done by FedEx?

the selling agent is the temp power of attorney according to our lawyer...

isn't that some sort of conflict of interest?

Redsoxticket · 05-01-2007, 07:31 AM

real estate agent is required to give you the Massachusetts "mandatory disclosure statement" upon your first encounter. There box that is checked on this form discloses the relationship you have with the agent. If you did not get or sign this form the agent would be in BIG trouble if you report it to the licensing board.

MrHunters · 05-01-2007, 07:36 AM

Quote:

Originally Posted by Redsoxticket

real estate agent is required to give you the Massachusetts "mandatory disclosure statement" upon your first encounter. There box that is checked on this form discloses the relationship you have with the agent. If you did not get or sign this form the agent would be in BIG trouble if you report it to the licensing board.

i shall be looking through my papers.

it would be too bad if i didnt get that form

Redsoxticket · 05-01-2007, 07:55 AM

If you don't know if you have it then walk in to the real estate office and ask for a copy.
The office is required to keep it on file for about 3 years. If they say come back then either the realtor did not place on file or there was never a "disclosure form".
The state can go to any office any time and view if the disclosures for the last 3 years are on file.
You absolutely have to be given a disclosure statement.
You can ask for it at the closing and if they don't have it then have them fax to the closing.

piemma · 05-01-2007, 08:44 AM

I can tell you from my experience with Clammer that every disclosure form that is mandated has been presented to us by him. There have been no "gotchas" at all. He has even gone by the house to make sure that certain work stipulated in the Purchase and Sales Agreement has been done to specs.
If anyone on the board needs a Real Estate agent, call Clammer (Mike). He know his stuff and has worked in our best interest since day one. He cares about his clients and it wouldn't make a difference if you were his friend or just a customer. This guy is a professional and does the right thing for the folks he represents.

Bronko · 05-01-2007, 07:55 AM

Quote:

Originally Posted by MrHunters

the selling agent is the temp power of attorney according to our lawyer...

isn't that some sort of conflict of interest?

It is done from time to time although frowned upon. Clearly the agent is receiving a financial benefit from the transaction so its always dicey to have him/her signing on behalf of the seller. I always recommend that the seller have an attorney or family member sign under limited power of attorney if possible. Also the bank attorney should carefully review the language in the POA to make sure that it is limited in scope as to this particular closing etc.