Pulling Rank

I did something this week, I never want to have done, or have done to me. I contacted the other agent's broker.

You see, in addition to the crazy demands in the inspection notice, the agent wrote on the very first line: "This Buyer's Notice and inspection attached and now made part of the purchase contract."

Oh. Hell. No.

We aren't making anything "part of the purchase contract." Ever. The purchase contract is already set. Terms are agreed. We aren't putting requests for rain gutters, a demand for a new dishwasher and a seller paying an HVAC guy for an inspection as part of the terms and conditions to buy this house.

And then, when through text messages and e-mails to the agent I explained this would not be happening, I was getting nowhere. The more I explained my clients would not allow these requested repairs to become legally and binding the more she dug her heels in.

To be fair, I think she saw that language somewhere else and thought she could add it into the notice and it would sound fancy and flowery.

In the end, I sent everything to her and her broker. I said I needed a signed addendum immediately scratching this from the inspection notice. If not, I was going to have to advise my clients what she wrote (which I did anyway, but my folks didn't seem to get the enormity of the situation).

Getting the broker involved is a huge insult. I've had a few issues with this agent already (not personal issues, more of her not understanding the terms of the purchase contract), and did not want to escalate another one but I couldn't let this sit. I'm hoping this won't cause more problems in this sale for her clients or mine. I did what was best. It is what I am paid to do. My conscience is clear. But it still felt icky.

On a related note, the director of the real estate school which hired me is working on a curriculum for the buyer's inspection notice. Once this transaction is over, I promised to forward her this particular document (with the names and address redacted, of course) so that she can share with others what not to do. There is a lot of material here.