Legal Question in Real Estate Law in Virginia
Realtor Client Relationship
Hello,
My husband and I are buying our first home. We looked at a property and expressed wanting to purchase the house at the asking price. The builder asked if we were using a Realtor. We answered NO. We were to go and sign papers one days later.
We told or mortgage that we had found a house and the price. He asked us if we were using a Realtor, we answered No. He told me to call this person it would
cost us nothing. So I contacted her. On the day we were to sign papers she came to the meeting.
It was at that meeting that I discovered she was getting a large fee for doing nothing. I only found that out because the builder told us that as he was required to let us know.
I feel that we were wronged because she told us nothing and it is as if though she is getting paid for nothing. It does not matter that the builder is paying. It just does not seem right. We did not even sign a contract with her.
Just as quickly as she appeared she disappeared. Is this correct? Should this Realtor be receiving money for doing nothing?
Oh, incidentally the mortgage person that said he could do the loan drop us after the meeting with the builder. We have had to find financing on our own.
C
2 Answers from Attorneys
Re: Realtor Client Relationship
One might ask, having reviewed your allegations, what are your actual and credibly demonstrable damages from this apparently somewhat less than harmonious incident? In other words, so what if the builder has payed this realty interloper's fee to park her rear end at the settlement table? How were you in fact damaged by--if I may offer my own gratuitous comment--by this "gratuitous butt sitting"--which may or may not have been reasonably called for?
If none(I mean damages) can be significantly and reliably accounted for from this particular incident, I would suggest that you forget it--and, yes--move on,(as the immortally confident ones are prone to comment).
Re: Realtor Client Relationship
Based on your allegations, it would appear that there MAY be some RESPA issues. Was someone paid a referral fee without rendering a service? Why did this mortgage broker drop out of sight?
I believe you may want to review these events with a real estate attorney.
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Robert J. Strupp
Robert J. Strupp
Attorney at Law, PLC
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