David seems like a nice guy...personable and friendly, but based on our experience, neither helpful nor competent. He was the agent for a seller of a co-op unit in Homecrest, Brooklyn that my girlfriend and I were attempting to buy. When we first looked at the place, it was obviously a great space, but it was a mess. The sellers have small children and no attempt was made to stage the unit. There were toys strewn all about.
Even so, it was a great space and we put in a bid. A counter-offer was made and it was accepted. We wrote a check to the seller's attorney for the deposit, and to the management company for the app fee and other miscellaneous fees. We ordered an inspection and paid $475. When we arrived for the inspection, the place was a still a mess, and there were some places the inspector could not access because of the amount of "stuff" in the apartment.
We spent about a week putting together the co-op app, which was VERY extensive. All materials went to our agent and were passed on to our attorney, and we signed the contract. It then went to the seller's attorney. We waited and waited. Neither the attorney nor David (Brickwall) returned calls from our agent as to what was taking so long. He finally DID call back and said that his clients were "not ready to sign the contract" because they "did not want to be homeless." We offered to extend the closing date until on or about June 1 (from an expected April date) and this too was rejected. We finally gave a deadline that extended to about a week after this conversation took place, and at that time, David simply repeated what he had said before: his clients were "not ready." Mind you, at that point, we had already sold our own condo in Kensington, were closing within a week, and were about to commence a rental because WE had not found another place to buy (to be fair, we would have had to do this anyway, even if the deal had gone through). In others words, because WE had a buyer, we were willing to be "homeless."
After the deal was cancelled, the attorney had still not returned the checks and the unsigned contract a full ten days afterward. While I can not for certain attribute this to Brickwall, the agent should be communicating with the seller's attorney and make sure that due diligence and timeliness is observed. I ended up having to put a stop payment on the check, which cost an additional $30. In total, because of this treatment, we basically wasted $505.
I followed up with an email to David a bit over a week after this happened, and of course, I got no reply.
This unit was described in the ad on Zillow as "spacious and absolutely move-in ready." The unit was on the market over 140 days with the ad unchanged, but at this point, I believe it is off the market.
I would like to know how an agent can stand behind a client who basically misrepresents their intention to sell. They want to drag things out as long as is convenient for them and have the nerve to keep people on the hook. Are they shopping around for a higher bid? I have no idea. But if you don't like the offer, don't accept it. In the meantime, we are devastated, because we loved this place. This was highly unethical behavior on the part of the sellers. The agent needs to coach them as to what is and is not acceptable behavior on the part of a seller. The real estate business has ethical standards, and they were certainly not followed in this case. read more