Realtor Fail

Debbie Downer

New Member
Jurisdiction
Michigan
Hello, I'm not sure if I'm supposed to do a friendly introduction or something. I'm struggling with friendly today. I apologize. My head is spinning. I hope that no one will mind if I just dive right in. I'll try to explain as thoroughly as I can.

When our realtor wrote the offer for submission to the seller when we bought our current home, he suggested that we remove the home warranty provision. He offered to pay for the home warranty from his commission on the sale. After closing, he registered the warranty and gave us a contract number, but he never paid for it.

I learned this just a few days ago, when I called the warranty company to try to repair or replace our existing washing machine. It had malfunctioned on April 1st, flooding our entire basement. But our homeowners insurance coverage does not include repair or replacement for the actual source of the damage.

I contacted my realtor immediately to tell him what I had just found out. He said that it "slipped his mind" to follow up and pay. Incidentally, I had just a few days prior requested some information from him regarding how to file this warranty claim He insisted at that time that he would make a few calls on our behalf, to "help me out." The next day, he tried to tell me that I'd be better off trying to make my homeowner's policy pay.

He is now offering to compensate us for the price of the warranty. He did offer us a second option of adding the warranty at this time, saying that we could still make our claim... but we can't make a claim for 30 days. And my guess is that if we file a claim for something that we knew was not working properly before the warranty was registered, we will have likely committed fraud. When I expressed this concern, he told me that I just shouldn't tell them that I knew it was already broken. No.

We want to accept his offer to reimburse the value of the warranty, because that seems like the easiest solution. Our lives have already been turned upside down by this flood. The contents of our basement are everywhere, and the out-of-pocket expenses are getting out of hand. We've been knee-deep in red tape for weeks already, and we just want our normal lives back.

But we also don't want to accept his offer out of convenience in a moment of stress. Everyone is telling us that we should be expecting him to make us whole with regards to the claim that we would have filed if not for his negligent error, but I don't know if that's correct. I don't know what we are entitled to in this situation.

So my question is, should we accept his offer, or should we pursue this further? Should I be going above his head? I don't know how to proceed. I don't want to profit from someone's mistake, I don't want to be demanding, and I'm not trying to punish him, but we were really thankful for that warranty once we realized how much this flood damage has set us back in terms of loss. And now, out of nowhere, things are just so much worse.

Any insight or advice on this matter would be very much appreciated. Thank you!
 
So my question is, should we accept his offer, or should we pursue this further? Should I be going above his head?


Never rely on ANYTHING a person that plies his or her trade selling ANYTHING says to you, UNLESS you obtain the representation in writing.

Even then, I'd be skeptical.

Sellers of real estate are very slippery, even removing the salesperson portion out of their title and replacing it with REALTOR, etc...

Never trust anyone selling you anything, especially if the person is selling you USED things.

As to what you can do, you might be able to take your concerns to someone higher on the food chain than the SALESPERSON that lied to you.

Funny how the SALESPERSON didn't forget to collect his commission, isn't it?

In the future, never buy real estate without retaining a lawyer to advise you along the way, and READ EVERYTHING before you sign it.

The real estate SALESPERSON has but one goal, to FLEECE as much money out you as he or she can.

Good luck, Miss Debbie, and I hope you can eventually get some recompense for the SCAM the SALESPERSON ran against you.
 
I don't have it in writing in the form of a signed document, but I do have the email where he said that he would pay for the warranty and remove it from the offer to make the offer more appealing, and my reply where I accepted.
 
The washing machine would have failed whether the realtor paid for the warranty or not so the hassle you are going through has nothing to do with the realtor.

The question becomes this: How much would the warranty policy have cost vs the used value of your washing machine (or the repair cost, whichever is less)?

I seem to remember paying about $400 for a warranty policy when I bought my house and you can get a washing machine fixed or replaced for less than that or close to it.

Consider taking the cash before your realtor fades into the woodwork whence he came. Once you have the money in hand you can file a complaint with the state board of realtors if that gives you an satisfaction.

Never trust a realtor. "Buyer's Agent" is a myth.Realtors work for the commission and will lie and cheat to protect it. If a realtor tells you otherwise, ask him/her to waive the commission and work for you for a flat $500 fee. See how well that goes over.
 
Never trust a realtor. "Buyer's Agent" is a myth.Realtors work for the commission and will lie and cheat to protect it. If a realtor tells you otherwise, ask him/her to waive the commission and work for you for a flat $500 fee. See how well that goes over.


Now that's a great value prop, if I ever heard of one, mate.
 
Thank you very much. This is what I was thinking, and I'm ready to settle this with him and be done... but I wanted to try to make a somewhat informed choice. I'd be pretty stupid to take his word for it at this point when he tells me that it's the best option.

Thanks again, this has been so helpful.

While I was typing this reply, I received a message from him. He is back again trying to sell me on the idea of letting him follow through with the actual purchase a home warranty. But the phrase "fulfill my intent" appears in his message so many times, I feel uncomfortable about it.

I have a strange sense that by allowing him to purchase the warranty, we would probably be giving him far more peace of mind than he would be giving us.

And I have asked him twice to stop contacting me, and wait to hear from my husband. He actually replied that he prefers to deal with me. He's disgusting.

Thanks a million.
 
There are obvious advantages to having a home warranty policy in case major systems go down.

However, I would go for the cash, then buy your own policy if you want to rather than take the risk that your lying realtor deals with equally shady warranty companies.

Already appears to be dancing around the idea of handing you money.
 
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