Kristie Lund of Remax Integrity #1 Rudest Agent No poise or compassion Glendale, Arizona

OP - where was your parents' agent in all of this?

Also, you can't expect the other party to move the closing date back because you can't pack everything up in time (which seems to me that there was a sufficient amount of time)?

Did your parents' agent suggest a separate agreement to rent the house for x many of days after closing and, if accepted, to suggest they also check with their insurance agent to see if they needed to purchase home rental insurance on their personal property still at the buyers' house?

Was there anything you could have done to help your parents fulfill their end of the legal contract they entered into?

I applaud the buyer's agent for going the extra mile in representing her client's legal interests. I would certainly use her myself if I ever relocated there. This is just another report made by someone who wasn't there, wasn't directly involved, and didn't have their facts straight.

I am the Buyer referred to in the original complaint by the Seller's daughter.  She was not there on the closing day, Oct. 3rd, but I was.  There are a few errors in her complaint.

#1)  October 3rd was the closing date as assigned by the bank; the Seller did want a later date, but the bank had an auction date of Oct. 5 (the house was about to go into foreclosure), so the Buyers had to take possession before that time.  Neither party could change the date of the closing.

#2)  The Sellers knew this date at the same time we did - about a month before, in writing.  There was also evidence that they knew Oct. 3rd was the closing date because the electricity had been shut off, and when they left that evening, it was dark in the house. 

#3)  We did have movers scheduled for 5 pm on Oct. 3rd - but when our Realtor, Ms. Lund called me at almost 5 pm and said the Sellers were still moving things out of the garage, I cancelled our movers.  We had to reschedule for the following Saturday, Oct. 8 because my husband and I work.

#4)  We did feel badly for the circumstances around the Sellers having the leave the home.  But because of the bank rules, and the law (the house was recorded into our names on the afternoon of Oct. 3rd), they had to leave the house.  The auction was very close, and it just had to happen.

"The writer of this report is leaving out some VERY basic information, they forget to mention a few key points.  

 The property had actually passed  their ownership several hours BEFORE  I came to pick up the keys. We agreed to give them until 5p.m. to be moved out.

 I did inform them through their Realtor that they had signed a contract agreeing to be out by that date. (which they were fully aware of)  They had known about this deadline since they signed that contract, approximately 50 days prior. My clients were not willing to give them an extension as this home was scheduled to go to auction and we were told it had to close escrow on time per the Sellers Bank. We could not have given an extension if we wanted to it was out of our hands.

 In Arizona once a property records the Sellers must be out unless a separate agreement has been reached.  It was not in my buyers best interest to have the liability of someone moving after Close of Escrow.
 
The owner had become so irate and threatening that I had to threaten to call 911 to get him to back off.  I believed he was going to become physical with me.  Was I firm that they get out of the house they no longer owned, and live up to the agreement they signed?  Absolutely.

 You would want your agent to do what it takes to have them moved out, and comply with the contract.   That is what I did, and I make no apologies for it.  I will always advocate for my clients, and will always require ALL parties to a contract live up to their agreements.  That is what a professional Realtor does."

While I am sure sure the writer of this complaint attempted to be fair and accurate the fact is they were not  present with any of the negotiations in this process or present during the move out process.

It is always stressful for someone when buying or selling a home and while we certainly feel compassion we are obligated to follow the contract.