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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38911
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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My realtor instructed me to order my HOA report .

Customer Question

My realtor instructed me to order my HOA report for closing. The report will not be delivered in time for June 5, 2015 unless I pay extra to expedite the delivery. I refused to pay the extra amount therefore the closing date has been pushed back. The realtor admitted it was his fault in requesting the report and offer to reimburse me after receiving his commission. I do not want to sell my house after experiencing the negligence on the part of my realtor. Can I be forced to continue with this transaction? I have terminated his service due to his negligence.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, I can tell by the manner in which you phrase your question that you are quite annoyed by your former agent's conduct. I hope you won't transfer your annoyance to me, because the answer to your question is that, while your agent's omission may be material to your contract with the agent, it is not material to your contract with the buyer. Were you to cancel the sale based upon your agent's conduct, the buyer could sue you for "specific performance," and receive costs to cover any damages caused by the delay in closing, as well as attorney's fees and costs of suit. Moreover, your former agent would still be entitled to the sales commission, less the fees for the expedited report. In sum, if you cancel the sale you will transform this dispute into a very costly expense. It's simply not worth the hassle, in my opinion. However, I would get your former agent to submit a letter to escrow under which he/she expressly agrees to pay this fee from the sales commission. Without that, you have no guarantee that the agent will actually reimburse you. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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