Real Estate


My dad works in real estate and loves it.  Loves.  When I was interviewing with law firms for summer jobs, they always wanted to know what kind of law I wanted to practice, and since both “child advocacy” and “public housing” were unlikely to get me called back, I often said “well, my father works in real estate and I’ve always found it fascinating.“  Which, you know, is kind of a lie.

But now that we’re in the process of actually trying to buy a condo (we’ve made an offer!  fingers crossed!) I’m sort of starting to see the human drama side of real estate that’s giving me a whole new perspective.

The condo we are trying to buy is a beautifully rehabbed apartment in a vintage building, which we like a lot.  It has two smallish bedrooms and one bathroom, which makes it smaller than a lot of places on the market.  It has a nice fridge, and a cool den, and the bathroom has a really cool sink in it.  Pro.  It has no parking space.  Con.  It  has a gas range.  Pro.  It is dramatically overpriced for the softening real estate market.  Con.

We went to look at it over the weekend and decided we really liked it.  We poked around the various rooms, whispering furtively to each other where in this place we could put the furniture in our current place, plotting small home improvement projects, sneaking peeks at the other people entering or exiting the building to get a sense of who our neighbors might be.  We went home and talked about it, talked in circles, and decided to go back and look again.

My dad, (who works in real estate, remember,) offered to let us use a guy who works for him who has a residential real estate license as our buyer’s agent.  Excellent!  No need to interview agents!  Swell!  So we called the seller’s agent and told her we’d like to come by and see it again.  She was anxious to have us back.  The house has been on the market for over a month with no offers.  The sellers had recently reduced their price because there were no offers (if we think it’s dramatically overpriced now, it was really overpriced when they were asking $20K more.)  They seem nervous about this whole “no offers” thing.

So we walk back into the apartment for visit number 2, and the seller’s agent says “so welcome back, and I brought some more information for you about the apartment, and also this is going to be a dual agency deal with me representing both sides and I also brought the condo association’s annual report from 2006…”

Um, excuse me?  What was that part you just tried to sneak in there?  This is going to be a dual agency deal with me representing both sides?  Oh no.  I don’t think so.  My almost-lawyer self started to get my back up and I was about to say something really snippy (because, um hello, ETHICAL VIOLATION, there needs to be knowledgeable consent to dual agency oh my god did you seriously think you were just going to sneak that in there you sneaky wench?) when John, rational being that he is, saw me about to blow my top and beat me to it, saying “actually, we’re represented by our own agent.”

“Oh,” she said.  “Well, he’s going to have to contact me about the commission.”

“Of course,” said John.

Can you guess where this is going?  Our agent called her and proposed the standard 50-50 split, which is the default rule in Illinois, and she won’t do it.  Because she claims that between the first time we saw the place and the second time we saw it (a grand total of 22 hours,) she was acting on our behalf as our agent (without our knowledge or consent, BTW,) and so she is entitled to a larger percentage.   And she suggested that maybe she would delay presenting our offer to the seller until she gets her way on the commission.

I would really really really like to see the look on the current owner’s face if we knocked on their door and said “hey!  We want to buy your apartment!  And we put in an offer!  But your agent is quibbling with our agent over a quarter of a percent of the commission, so she isn’t showing you the offer.  Did you know that?”  Because I have a hunch that they are more interested in, I don’t know, selling their condo then in making sure their broker gets the bigger piece of the pie.  Just a guess.

So it turns out I was kind of right- real estate is fascinating- especially when you’re working with crazy people!


5 Responses to Real Estate

  1. Green says:

    Hey if you think real estate is boring, you should come see how much more boring it’s red-headed stepbrother, Land Use can be!

    Seriously, I’d give that woman a big fat fucking verbal smackdown and I’m not even an almost-lawyer.

    While I have heard of and seen attorneys representing both sides, it’s always been that on PAPER the attorney only represents one side and the other side on PAPER is pro se. However, I would never EVER want to be that pro se side.

    I’d totally go to the owners and let them know what’s going on. And if the real estate bitch bitched about it, I’d smile and say “But as my representation, weren’t you supposed to advise me that I shouldn’t do that? After all, aren’t you the professional?”

    But I’d also be prepared to not get the condo, too.

  2. Ana says:

    AUGH! I would be so mad if I were the seller in that situation, and I would want to know what the realtor was doing. Over a month with no offers and my own realtor is potentially damning a sale? Send the owners and letter and let them know that the agent is threatening to hold the offer or at least let them know after the fact. She’s not even doing anything to help them get more $ for their home or speed up the sale. With representation like that, she doesn’t deserve any more than 50%.

  3. Ohmygod ohmygod ohmygod I’m having a heart attack over here!

    *deep preaths, deep breaths*

    I almost want to tell you to back out of the deal because of the pure shittiness of the other broker but if you really like the place then that’s not fair.

    BUT OHMYGOD OHMYGODOHMYGOD!

    See? THIS is why whenever anyone asks me, “So, instead of leasing apartments, are you going to get your real estate licence?” I don’t even hesitate to say “HELL NO!”

    That unethical bullshit really pisses me off.

    I really can’t wait to hear the details of all this though, because I know you can kick some ass.

  4. So…isn’t that blatantly illegal – the whole thing about deciding that she’s representing you without your consent, yes, but also, delaying bringing your offer to the seller? Can’t you report her?

    No wonder there haven’t been any offers…supposedly…

  5. Katherine says:

    All that unethical stuff aside, my brain is still trying to wrap itself around the part where you mentioned the “softening real estate market”. We’ve now bid on two houses and lost both. One had 5 bidders, one had 20, and we bid 10% OVER the asking price on both. Stupid Bay area. It’s enough to (almost) make me want to move back to Chicago.