TEXAS FIVE STAR REALTY

Info@TexasFiveStarRealty.com

 
214-457-7055

 

 

Texas Real Estate Commission Information About Brokerage Services                       Texas Real Estate Commission Consumer Protection Notice

Dallas homes for sale, Plano homes for sale, Frisco homes for sale, Prosper homes for sale, Allen homes for sale, McKinney homes for sale, Murphy homes for sale, Celina homes for sale, homes for sale

Home

About Us Buyers Sellers Investors Commercial Relocation Contact Us Lenders Inspectors Titles
Builders Vendors PlaceHolder
Search Properties
Find Your Home's Value
Local Market Snapshots
Local Real Estate Trends
National Market News
Foreclosure vs. Short Sale
Dallas FW City Directories
Dallas FW School Ratings
Dallas FW City Tax Rates
Estimate Closing Cost
Mortgage Calculator
Mortgage Amortization
Green Tax Credit
Types of Loans
Relocation to Texas
Customers vs Clients
Repair Cost vs Value
Rent vs Buy Calculator
Your First Home?
My Blogs
Testimonials
Test Your R. E Knowledge
  Property Management
Open House Manager Tool

Seller Doesn’t Give the Keys to Buyer at Closing, what do you do?

Seller Doesnt give the keys to buyers

I heard a case tonight that boggled my mind and made me so upset of the way some agents and brokers act and do business that I really had to take some blood pressure pill, lay down and respond to their … responses.

The story is that I got an email from a buyer’s agent that they have closing tomorrow morning and the seller has gone to closing this afternoon. However, the Seller did not give the three remotes for garage door openers as he stated in Seller Disclosure Notice. Paragraph 2C (Accessories) of purchase contract also lists the 3 controls for garage doors, and they are not listed in Paragraph 2D (Exclusions).It means the house was advertised with three remotes, it was listed in the contract and it is in the seller disclosure notice too.

However, the seller had claimed that he cannot find the remotes and had not surrounded them to the title company. the listing broker he argues that even though they are listed in the SDN and in paragraph 2C, the Seller does not have to convey  any of the items in paragraph 2B or C if he can't find them or no longer has them...

The Buyer’s agent was asking for some suggestions to what to do.

Many colleagues responded “Seller bad boy ..” and agree that the seller is doing bad things but suggested to the Buyer’s agent just go and buy three remotes from your pocket and have a closing. A few of us, me particularly, I got so upset specially when I saw and heard responses from the listing agent and his broker supporting him such as:.

1.    The listing broker argues that even though they are listed in the SDN and in paragraph 2C, the Seller does not have to convey any of the items in paragraph 2B or C if he can't find them or no longer has them...

2.    Also, listing Broker stated that: It would be very difficult to prove that any of the items in paragraph 2C, D were present at the time of execution of the contract, therefore the Seller does not really have to convey them.

3.    The listing agent is hanging his hat on the word in paragraph #2.C.,( Accessories stay “if any”) and he is saying there are not “any”.

These are the most ridiculous statements I have ever heard in a real estate transaction.

When the seller signs the offer from buyer, at his own comfortable place and time, perhaps at midnight, there is no body from Buyer’s side (either Buyer or Buyer’s agent) is present behind his/her shoulder to see what is in the house in that exact moment and second that seller is signing. Sorry this is a … .

Buyer based on the visual inspection of the house and documentation makes an offer. The Seller cannot and should not change/remove/replace anything after receiving an offer from the buyer, that is a FRAUD. In many cases, it is not hard to proof that seller has changed/replaced/removed something, for example, I personally take pictures of accessories, drapes, curtains, Chandeliers, speakers, etc on the day of preparing the offer. At the “Walking through” before closing and after Closing I compare everything with pictures I have and if I see something different I raise the flag (this is FRAUD) and if the seller doesn’t do anything about it or wants to play smart game like this case, he will be charged with FRAUD.

Based on the listing broker’s: If Seller claims or really loses the key to the house, then he doesn’t have to provide keys to the house at closing and to the Buyer. Then, How the Buyer gets in to the house? Are you suggesting Buyer or Buyer’s agent to pay for keys or re-keys? Wow!

If I were the buyer, with the way that I am upset of this case and responses from the Seller and Seller’s agent/Broker site, I would take this case to the highest court to teach all of them a lesson.

What do you do in cases like this?

Contact us about your Real Estate Questions

Equal Housing Opportunity Commission Bahman Davani REALTOR

Bahman Davani, CM
Broker/REALTOR®
ABR, GRI, CDPE, SFR,
TAHS, eAgentC, and
CCIM Candidate

Office: (214) 457-7055
Cell: (214) 457-7055
Fax: (972) 596-7984

P.O. Box 261665
Plano, TX 75026-1665

Contact Form

First Name Required*

Last Name
 

Email Address Required*
 

Phone Number
 

Comments/Questions


Enter the code above                  

Texas Five Star Realty
P.O. Box 261665
Plano
, TX 75026 US
Phone: 214-457-7055
Website: www.texasfivestarrealty.com/
Follow ME button from AddThis
Follow US:

Share, Pin and LIKE This Page:
    Share this page in Facebook 

My Blogs:
Subscribe to Bahman Davani Blogs RSS See Bahman Davani Blogs See Bahman Davani Blogs in ActiveRain See Bahman Davani Blogs in WordPress Texas-Five-Star-Realty-Manta-Badge See Bahman Davani Blogs in SlideShare See Bahman Davani Blogs in Zillow   See Bahman Davani Blogs in Klout See Bahman Davani Blogs in Plaxo See Bahman Davani Blogs in Blogger

My Real Estate Designations and Certifications:
Bahman Davani REALTOR Bahman Davani Commercial REALTOR Bahman Davani ABR Designation Bahman Davani GRI Designation Bahman Davani CDPE Designation Bahman Davani SFR Shortsale Forecolsure Resource Certification Bahman Davani TAHS Texas Affordable Housing Specialist Certification Bahman Davani Inbound Marketing Certification Bahman Davani Certified Manager from Institute Certified Professional Managers Bahman Davani eAgentC Internet Profficiency Certification Bahman Davani NMLS RMLO Residential Mortgage Loan Originator License Bahman Davani TRLP Texas Real Estate Leadership Program Graduation Send Texas Five Star Realty Text via email

Additional Resources and Newsletters:
Texas Five Star Realty website Mortgage News Daily from Texas Five Star Realty website Bahman Davani Credit Score Tips and Tricks book published by Texas Five Star Realty Bahman Davani Credit Score Tips and Tricks book published by Texas Five Star Realty          


. Copyright 2011-2014 Texas Five Star Realty Web Site Developed by We provide a fast and easy solution for your business. .