Expert: Jessica Bryan - 5/21/2006

Question
My husband and I are in escrow for our first owned home, a townhouse in Los Angeles. We accepted the first counter-offer after the seller s agent informed our agent that there was a counter offer. Our realtor then had to nag the seller s agent for 3 days before he actually opened escrow. It is now a week later, and we just did our home inspection. However, we have yet to receive any disclosures from the sellers, or any other info we have requested. They also have informed our realtor that they have a back up offer. While at the inspection today, two men came by the house claiming that they were  friends  with the sellers agent. We were pretty unfriendly when they started asking questions, and they left- but it was really weird. I have this paranoid feeling that this guy is doing all he can to make us withdraw our offer, that perhaps the second offer was higher, and since he legally had to take ours since it was first, he is trying to discourage us by being uncooperative and difficult... My question is- does this kind of thing happen? And if so, do we have any legal recourse against the agent? We love the house, we don t want to lose it- but I feel taken hostage by this guys  behavior, and our agent says we should be nice b/c he will just be worse if we get nasty with him... Please help!! Thanks

Answer
Dear Suzie;
the situation you describe is one that makes me very suspicious as well.  I agree that the Seller may be trying to get out of the contract because of a better offer.  They clearly have you over a barrel!  Read your contract carefully and if necessary consult an attorney.  If things get any worse, you might also consider calling the Broker in Charge of the listing company. Sometimes, voicing your concerns with management helps but be careful...it could backfire. Discuss what kinds of things you are considering with your agent first. Your agent can file a complaint on your behalf with the local board of REALTORS if there are ethical issues.  Ask your agent to discuss recourse with his/her broker as well.  (Perhaps Buyer's broker can call Seller's broker to discuss.)

This does not happen often, but there are always exceptions.  I think that the Sellers are having remorse over selling to soon or too low so they will be the most uncooperative they can be.  I agree that you will have to bite the bullet and be nice if you want to get anywhere with this.  If the seller doesn't have reason not to sell to you and/or get out of the contract, then the sale will proceed.

Good luck.

Jessica Bryan
Managing Broker
House to Home Realty Services