Nikki
Coconut Creek,#2Consumer Comment
Fri, July 20, 2007
I'm sorry this happened to you. If you were nice about it, they should have let you out of your contract. Especially since you were trying to get turn over your deed in lieu of foreclosure. It's not like you just wanted to switch real estate companies. It does stink, and they could release you. After I wrote you yesterday, I thought about it and felt bad. So many people are having problems these days with their real estate, and there are so many foreclosures. This is one that could be avoided. They could be happy with receiving your $3000 deposit, and let you go from that. I mean, come one, not releasing you ao you can turn over the deed in lieu of foreclosure is nasty. It's not like they didn't already get something from you. Many companies are being ridiculous. I'm not talking about instances where people are not making their payments because they don't like their interest rate, or people who choose to pay for luxuries, only to not pay their mortgage, car, etc. I'm talking about those with legitimate beefs, such as yourself. You already paid them plenty of money. You are only trying to save your own skin, not by refusing to pay for something you received, but by asking to not have to pay for a service that was never given you (selling your home). You already paid for their time, advertising, etc. I understand why realtors bind you to a certain amount of time to find a ready, willing & able buyer. I also understand why you should have to pay them their entire real estate fee if you sell your own home while you are under contract with them. However, there are special circumstances, such as turning your home over to your mortgage company in place of foreclosure, that should be taken into consideration. They are carrying the terms of your contract with them a bit too far. I wish you luck. Remember one thing (I know this is very hard at times), it's only money. I understand how hard it is to live in today's world with bad credit, no money, etc. However, there are good things to life too. Focus on the good and try to live through the bad. I promise you there will be many roadblocks, but keep trying to do the right thing. You'll be proud of yourself and that's what counts!
Elizabeth
TITUSVILLE,#3Author of original report
Thu, July 19, 2007
In response to Nikki's comments from Coconut Creek, Florida, U.S.A. -- I just need to clarify some things....I realize that the market in South Florida is bad and it has been that way since last year, so I'm not as angry with the realtors for their lack of motivation to try to help sell my property. However, my issue is that they wouldn't agree to break the 12-month contract and their practices are a bit deceptive, even if they may be working around the loop-hole of the law. I'm not a very aggressive person--In fact, if I had been, I believe that I wouldn't have found myself in this predicament. At no time was I ever rude to these people or to my agent--in fact, I never mentioned their lack of cooperation to the broker; Mr. William Bronstein, until much later on. I approached the issue of requesting that my contract be broken in a very professional manner--after not receiving a return phone call back from them after making several attempts over a period of approximately 2 weeks, I finally had to be more aggressive in my voice-mail messages in the hopes that I would get some action. Mr. Bronstein finally called me back and stated to me that they never break contracts and that it wasn't going to happen---they never even mentioned to me that while I was signing their 12-month contract, they would be putting a lien on my property as well--that was a sneaky underhanded thing that they did. I don't owe them any money either, so I don't know how they get off doing such a thing. Mr. Bronstein offered to get me a different agent, because I finally explained to him that I wasn't satisfied with the first agent assigned to me. Being that I live in another county hundreds of miles away, I relied on communication from my agent and my biggest beef with the agent was that I never got a call or any updates from him or the company--I had no way of knowing if anything productive was getting done with regard to my property. So in response to Nikki's comment--No amount of begging or pleading on my part would make a difference, and it's certainly not for a lack of trying already! It's simply not fear to corner someone like that--you place them in a situation where they don't have any other choices or optionsMLS Realty left me with the role of simply being at their mercy--it's as if they've taken my home hostage and froze all of the assets associated with it---Shouldn't that be the role of the mortgage company when you don't pay your mortgage? Not the realtor--they are supposed to be there to work for you and with you--it is to be a collaborative effort on their part. MLS Realty forces you to be bound to them for a year and to make sure of it, they put a lien on your property-so as if to say, for example; "If you're not satisfied with what we're doing in helping to sell your home--Tough! ...You're stuck with us for a year....get over it!" ...That's what it sounds like to me and that's certainly what it feels like!! Financially, the transition from the relocation, as well as the obligation on the other home left me struggling--I'm still struggling---at one point, I would have appreciated the opportunity to possibly refinance the mortgage for some cash out to help alleviate the cash flow situation while my credit was still in good standing, and then maybe go onto a different realtor...but since I was foolish to commit myself to them for a year, I'm left helpless only to watch my credit continue to drop, my finances to continue to suffer, and my mental pain and anguish continue to decline...all because I made the worst mistake I could have done....and that was to initially go with this company in the first place! ...Now it's affected everything else in my life and my quality of life is practically non-existent. I'm working 2 jobs and looking for a 3rd, while going to school, trying to make ends meet and it's still not enough, and since my credit is affected, I can't even get a loan now. I might as well die at this point, since all that is left is to take my blood! ...Speaking of blood, I just got diagnosed with high blood pressure as a result of all the stress and I've never had high blood pressure before in my lifeI'm still a young womanI just turned 42! Looks like they may get their wish and kill me before too long! Maybe it's just as well I'll finally be free of all the misery!
Nikki
Coconut Creek,#4Consumer Comment
Thu, July 19, 2007
Due to the property tax issues we are having, as well as it being more difficult to qualify for a mortgage, no one is purchasing right now in South Florida. Open houses are being held and NO buyers are showing up, so that's a waste of time. People's homes are on the market for months without one showing. Those who can qualify for a mortgage are waiting to see what is going to happen with the property taxes. Those who own homes will not move because they don't want their taxes to increase. Those who are renting are perfectly happy renting, not having to pay the ridiculous taxes. Even if you have your home priced way under market value, there is still a good chance no one will buy it right now. If your home is priced at or above market value, you can really forget it. I have never been affiliated with Buy Owner, but instead of blaming them for our horrible dilemma in South Florida, you maybe could have reasoned with them in a nice way. They may have let you out of your contract if you were more reasonable, instead of telling them they did not do their job. I understand you are probably very stressed because you have to sell your home, and most of the time I would place the blame on the listing company for possibly not doing their job too. However, at this time, in South Florida, the real estate market is down the tubes. It is not the fault of the realtors that homes cannot sell right now. There are MANY homes on the market, and MANY of those homes are listed below appraised value, and there are still no sales. I'm sure they would like the sales for their paychecks too. You should beg them, plead with them, apologize to them and hope they will let you out of your contract. Remind them that even though they have a lien, they probably will not be able to collect after your 1st mortgage gets the proceeds from any foreclosure sale. You may have to offer a settlement, but you definitely don't want a foreclosure. If you continue to fight them and blame them, you probably will not get anywhere. I am not a real estate agent. Just a South Florida homeowner keeping up with the news.