10/30/2020

A colleague of mine and I have a listing and the sellers are basically trying to weasel their way out of paying a commission on the sale. They supposedly talked to some buyers 2 years ago before we listed it with them. They of course never told us about these buyers. They are trying to sell it to them on a contract, but it appears that they’re trying to do so next year after our contract with them expires in February. They pointed out the protection period of 365 days and were upset that they are obligated to the contract even after it expires. I did email that buyer the property, but he never viewed the email. We have never shown it to them. Their argument is that he did the work to procure this buyer and therefore shouldn’t have to pay a commission. Although that is true, we have done a lot of work on their behalf and of course have the listing contract. To make things smooth we have discussed giving them the option to sell to those buyers and we would handle the paperwork and to be nice we’d reduce the commission down a couple of points. That is the most sensible solution we feel. However, if they decide to continue to be crafty and go behind our backs and try to make that deal work, or cancel our listing and end up selling to them, even if it’s a long rental/lease option do you know what our legal options to enforce the contract would be? Or what their legal options to get out of paying us would be? We’re suspicious that they’re seeking legal counsel and it would be nice to know their options. We would like to know exactly where we stand before either going to battle altogether or offering them the more sensible solution.

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10/29/2020

Seller signed standard NWMLS Form 1A listing agreement. Buyer and seller are under contract. Seller had agreed to a few closing extensions already to give more time for the buyer to obtain financing. When the buyer was getting ready to sign closing documents the buyer tested positive for covid 19. Escrow refused to offer any other signing to take place for the buyer. Buyer attempted to get a POA but by that time the closing date came and went. The seller refused to extend the contract and now does not want to sell their property. No 22FM was used in this as well. So the basics of this question is does the seller owe a commission if buyer can't close by the agreed upon time?

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10/29/2020

I represent the seller. The home is an estate. The beneficiaries are 2 siblings. Seller 1 represents mom's estate. Seller 2 represents dad's estate which is in a trust account. I have the seller's name on the listing contract as; (protecting privacy) "The Jane Doe Estate and "The John Doe Trust" . Both seller's are deceased. My brokerage is telling me the signer for "John Doe Trust" needs to complete a form 17 as a trust is not exempt from not completing one. Please advise.

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10/29/2020

A broker in our office has a contingent transaction. 22B was used and signed by both sides however 22Q should have been used as buyer’s property was already listed and was already under contract the same day the offer was made. We’d appreciate your guidance on how to navigate. Here are the details: Mutual Date: 10/14/2020 22B contingency: 30 days after mutual acceptance. Buyers broker never provided the PSA for the sale of buyer’s home along with their offer. Buyers broker never sent Form 90K Closing date modified (by buyer) using 22Y to be 11/12/20. Agreed by seller There is no dispute in the transaction at this time and it appears it will close without incident. That said, discovering this fourteen days in, we’re worried that there could be all kinds of repercussions here if something changes. Questions: Does buyer have a valid contingency in this case? If not, close date would be according to the PSA, if yes, it would be according to 22B. Is buyer in default? If yes, and the parties wish to stay in contract, are there steps that need to be taken? Does this situation impact the remaining contingencies in the transaction (22A)? What are the risks to the seller? What is the best course of action for the listing broker?

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10/29/2020

Our office is open by appointment only. A person arrived at our office and wanted to speak with an agent and communicated to our staff that they were deaf and would not wear a mask. They requested that our agent not wear a mask so that they could read lips. We were not comfortable with not wearing a mask (for both health and policy requirements). We offered to communicate by email, by writing on a notepad, etc but they were unwilling to accept any of the accommodations offered. What is the best practice for this kind of request?

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10/29/2020

Can a person sell a piece of property that is landlocked? If the city owns property around this property do they have to allow an easement?

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10/29/2020

I'm listing a property and there are plans for the adjoining property (behind the home) to be developed into apartments. There is currently a public forum scheduled for December 14 and there is quite a bit of push back from neighbors. Apparently the developer already owns the land but permits have not been issued. My questions is: what do I need to disclose to buyers and what do you recommend I say when buyers/agents ask me about it? I represent the seller and need to keep their best interests in mind, but also need to act honestly with any potential buyers. The neighborhood has hired an attorney and raised almost $50k to fight this. There are extensive environmental concerns (land currently backs up to a nature preserve) and traffic concerns as well (their entrance point is between two homes with hardly enough room for a road).

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10/29/2020

I received an offer that included an 35F (Feasibility Contingency) but not 35 (Inspection Contingency.) However, the buyer had a home inspection and is now scheduling further inspections (plumbing, electrical) based on the home inspection. Form 35 would make all inspections and responses time sensitive but Form 35F can run for the entire length of the feasibility period -- and, it appears, beyond. Is there advantage of using 35F over 35?

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10/29/2020

I would like to know where to find the laws regarding listing a property for sale for a seller who has a tenant. The tenant is delinquent on rent and I realize that the Covid-19 rules will apply. I am not sure where to start to get all information I will need.

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10/29/2020

What would your recommendation be if the buyer does not want to include an inspection contingency, but they do want to have a sewer scope inspection and the inspection remedies, just limited to sewer? In this hot market many are being waived, but this is a huge risk to the buyer and they hope to at least have a little more strength by waiving the inspection portion. Sometimes the seller even provides an inspection, but not the sewer scope, so it would be utilized in that scenario.

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