Expert: Karyn Foley - 9/27/2007

Question
We listed our home in June. The realtor listed it for $420 only to later come back and say she put it at the "top" of the market and we needed to reduce $21K to bring in "new buyers". We were hesitant to do that but since we already purchased another home prior to putting this house under contract, we agreed to reduce $15K. Ironically, the realtor brought us a buyer shortly after that and their offer was $40K under original list. The price had not been changed in MLS yet. Realtor has been lax in communication, follow-up and feedback the entire time. We talked to her early on and she swore to improve but never did. Things got worse after the offer came in. Everything she said made it seem that she was working solely for buyer rather than just facilitating. She ended up paying $880 toward repairs because the buyers didn't like the way we fixed some wood rot. She went in our house twice without prior notification. She made comments like she didn't like the other people as much as us but they were nice. And when she brought us the offer she said they were okay with the house but she thought they could take it or leave it. It makes me wonder what she said to them about us. I talked to the broker at her office this week and she said there wasn't anything she could do because our realtor didn't "harm" us in anyway or violate any ethics. I asked the realtor in a three page letter outlining all of our issues, to reduce her commission because of all the problems and she denies wrong doing and refuses to budge. We knew she would because she is a snake. We close Friday. What can I do to get some of the commission back or at least have this show on her permanent record so she can't treat others this way and et away with it?

Answer
Dear Becky: Although you are to be congratulated for having sold your home in a difficult market, I am sorry, indeed, that you were not happy with the communication or the relationship with your agent.  Too many times this happens, especially in today's times where sellers usually have to reduce the prices of their homes in order to attract and to keep a buyer.  Your agent was a good sport and a good businesswoman to have paid money toward repairs; many agents would not have participated.  I agree with the broker at her office that she did not violate any ethics and she did not cause harm to the transaction.  You are fortunate that the house is closing this week and that you will have your money.  The contract you signed was to pay a commission for the successful job that she did, and you are obliged to live up to a signed agreement.  She lived up to her end of the agreement, although you did not like her.  I do not know what you could have show on any record other than you did not like her.  I am not a great fan of name calling or threatening or trying to harm some one's reputation.  What you could do, however, is not give her a good recommendation should some one ask you about her, and to conduct a stricter interviewing process the next time you buy or sell.  Personal references are also a good idea, plus a shorter contract or a right to cancel in the event you find your expectations are not met.  The more you make a scene about this agent, the worse you begin to appear.  You should want to be seen as the ethical yet disappointed client, rather than some one who just wants to get some money back.  If you start name calling then people will think there is more than one side to this issue.  Act and speak like the ethical person you are, and she will look worse by comparison.  Buying and selling a home can be very emotional and stressful and bring out the worst in everyone involved sometimes.  Try to put it behind you, and take the high road.  Karyn Foley