A couple months ago past clients of mine from Toronto referred a friend of theirs to me, the buyer insisted on working with a Thornbury Ontario real estate agent to purchase a property. The buyer could have utilized a listing agent/brokerage but chose to have a client representation that would work for their interests alone with no conflicts of interest. A buyer agent represents your interests rather than being conflicted between the seller and the buyer. Ask yourself; are you going to have someone negotiating only for you? will you will you be over paying for that property being represented from some one who has a dual role? Do they create a market assessment for the home that is fair for the seller or for the market? you realize there is a financial incentive, its called the double end. Hit the CBC Market Place link. These buyers were not looking for anything outrageously special but they wanted to assure that they would be paying for was at market value.
They ended up putting in a conditional offer in on a home in Thornbury, based on a home inspection. At the home inspection ( the sellers were present), the buyers could tell from the home inspectors comments that the home was a very clean with no major issues. Homes inspectors deal with structure, the roof, major mechanical but leave the fixtures to the buyer. I attend all of my buyers inspections, I take the opportunity to run the washer, dryer, stove, microwave and the dish washer. When I asked about the dish washer the seller stated “we never use the dishwasher its the just the two of us and it does not work but we are replacing the unit.” The buyers over heard this and asked what was the make and model because they may want to get a different model. The seller showed him the paper work which was Googled immediately. The buyer said to the seller I will go to the retail store and pay for the upgrade at no cost to the seller. The seller was more than happy to accommodate, as there was no energy required to allow it to happen. The buyer went and paid for the dish washer upgrade, seemed pretty simple.
In a real estate transaction a buyer agent should add a couple of viewings for the buyer to measure the home, make plans etc. We completed one of the viewings for those purposes.The buyers were not available for the final walk through so I completed it for them. I went through the home to assure the home was not stripped of all its fixtures or worse switched out. Everything looked perfect and in order, even the new dish washer.
A day later they closed and the buyers moved in. They went to use the dish washer loaded it and pushed the buttons and nothing happened. They quickly realized that the machine was just sitting there not hooked up to the house hold water and electrical system. He quickly got on the phone to the store/retailer and was told that the seller did not pay for the service to hook it up saying “we have a contractor”. The sales associate wrote it on the bill of sale. Who does that was my first question???? In all of my agreements I add in this clause into the agreement.
The Seller represents and warrants that the chattels and fixtures as included in this Agreement of Purchase and Sale will be in good working order and free from all liens and encumbrances on completion. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but apply only to the state of the property at completion of this transaction.
It confuses some REALTORS® but as far as I am concerned the clause was written by a number of OREA lawyers that are way smarter than I am and them, and more importantly they regulate my industry, so why the heck would you not protect your buyer? In simple non lawyer speak the clause means, the chattels and fixtures will be in working order until the day of closing, then the stuff becomes the responsibility of the new owner (buyer). Pretty simple!
Well the sellers agent and the seller disagreed with my view or so I was told, I really do not think the seller were aware of the listing agent claims. It was a hardship due to the sellers not feeling right using the buyers new dishwasher and that the dishwasher box sat in the middle of the kitchen while they were packing. I laughed as the dishwasher was in place’ protective plastic off and screwed into place under the counter on the day of closing.
Basically the sellers REALTOR® and I went back and forth with too many emails over a two week period. I explained my case to the agent and threatened to release the phone number of the seller to the buyer. The buyer at this point had given up but my Irish blood was boiling. The seller was in contact with me throughout the process and I had his number blocked in my phone. The agent took offense to my obstinate barrage of emails probably because not once did I get a returned call from anyone other than the assistant to the agent. By the way the assistant agreed with my logic.In my opinion if you want to solve something get on the phone. The listing agent I guess got frustrated and included my managers email in our conversation , I assume, thinking I would back off. That was fine with me so I included the whole scenario and my justification in one email and included all of our bosses. I knew my boss would have a very convincing argument to stop and move on. LOL
Low and behold the listing agents boss stepped up to the plate and paid the invoice. I have no idea nor do I care who paid but I am very grateful. Its a small cost for the brokerage to solve a problem that was created by their seller and create goodwill. If you want someone looking after your interests, hire a buyer agent folks!