Working Through the Problem
A complaint that affects you might not even be about you. Sometimes buyers and sellers are unhappy with each other and file complaints against every real estate professional involved in a transaction, in hopes that someone will step in and fix their problems — usually by paying for a repair or another expense associated with the sale.
When you are in the throes of a transaction it is easy to think solely about your client's needs, even to the detriment of the other party. You want to
A buyer sees a house that she wants to purchase. The buyer's agent presents the offer to the seller and his agent by saying, “This buyer really loves your house. She is offering you $185,000, just $4,000 less than your asking price of $189,000 because she really wants you to consider accepting her offer.” The inspections are completed and although there are a lot of very little, almost nitpicky items, there is only one major item that needs repair. The glass shower enclosure in the bathroom is cracked. The buyer's agent counsels his buyer to be reasonable and ask only for the major repair item. He then approaches the seller's agent with a request to fix the shower enclosure, stating that none of the other items are important to the buyer because she knows the seller gave her such a fair price. The deal closes and everyone is happy.
A month later, the buyer discovers mold. She is very upset and talks to her agent about suing the seller for nondisclosure. The buyer's agent does not convey how upset his buyer is. He goes to the seller's agent and explains that mold was found. He says he knows that the seller was reasonable throughout the process and asks him to be reasonable now. The seller is more likely to take care of the problem as he had a smooth and easy transaction with the buyer. He likes the buyer, even if he never met her.
Consider this scenario with a twist. The buyer's agent presents the offer and says, “These buyers think you are overpriced so they are only offering $185,000 instead of the $189,000 you are asking.” When the inspections come the buyer asks for every little nitpicky item. When the mold is found, how do you think the seller will react? He doesn't like the buyer, and he may sue his real estate agent for not disclosing that a mold test was necessary. More likely than suing only his agent, the seller will sue everyone and let the courts sort out who is responsible. Win or lose, a lawsuit takes time and money and can cost you your reputation.
