Customer service - this is what we all want to be known for. Anyone that has been in the business any length of time has ordered work done on a home on behalf of a buyer or seller. I have done this more times that I can remember.
Well a Realtor friend contacted me last year to assist her with some Spanish speaking buyers. She found these buyers and then asked for my assistance in writing the offer which I did. The home was inspected and need some extensive compliance work. My Realtor friend asked me if I knew of a good handyman that could do the work. I told her I did and gave her the name. I told her to give the name to the listing agent and have his seller order the work since the work had to be completed prior to closing.
In her haste to get the work ordered she called the handyman herself and ordered the work completed. Two weeks prior to closing and after the work had been completed an easement issue arose and after a month long extension the sale fell apart because the easement issue could not be resolved.
The handyman called for payment several time and my Realtor friend said to contact the listing agent since it was the sellers responsibility to have the work completed per the contract. The seller of course said he never ordered the work done and was not paying for it.
Since the total of the work done was less than the limit for small claims court in Idaho the handyman took my Realtor friend to small claims court. Yes, you are right, the judge ruled in favor of the plaintiff (handyman) and ordered a judgement against my Realtor friend.
My Realtor friend later contacted an attorney about filing a claim against the seller. Her attorney told her to save her money and learn a valuable lesson which is NEVER ORDER COMPLIANCE WORK. It does not matter how minimal or how major the work is to be done.
First of all, if you recommend someone and also order the work you have not only "steered" a client towards a contractor but you have created a "contractual verbal agreement" between you and the contractor.
All my friend had to do is give the name of the handyman to the listing agent to give to the seller and she would have been off the hook. In her haste to be an aggressive Realtor that got things done she paid a heavy price.
Hi George,
Nice information for Realtors who might not be aware of this possible problem. I won't oder anything unless it is in writing from the seller.
Paula - Thank you my friend...I hope all is well.
Dan - You are welcome and have a great evening.
Thanks Marchel...I was hoping everyone, especially Realtors new to the market would read this and place it in their memory bank. Have a great evening.
George,
Great reminder. I am very careful with this myself. I will never order work for anyone.
Jack
Jack...good hearing from you. Give my best to your lovely wife and have a great evening.
Geeze George, I live in the land of abscentee owner and estate settlements. If I didn't do the compliance work it wouldn't get done. Fortunately I haven't been stung.
Chris - You have been lucky my friend. If I were you ordering a lot of compliance work I would have each seller give you a limited power of attorney. This way they are giving your written authority to represent them. Just my two cents.
Monika - Thanks for your comment and have a great weekend.
Danny - Thank you and have a great day.
Dianne...I am glad you are doing much better and remember you have a friend in Idaho :-)