Jump to content

Has anyone ever dealt with an agent?


Recommended Posts

Hi All,

I'm doing a condo in downtown Seattle for a professional ballplayer tomorrow. He's out of town, so his agent and mother will be meeting me onsite.

Anyone know whether an agent who has a power of attorney can legally sign a pre-inspection contract and act on behalf of one of these guys?

ONE TEAM - ONE FIGHT!!!

Mike

Link to comment
Share on other sites

It would depend if it is a limited power of attorney or a broad power of attorney. A limited power of attorney is for one specific reason, say a real estate transaction. Broad of course is for what ever, all trust is placed in their hands.

Disclaimer: This is my opinion, which may not be correct.

Link to comment
Share on other sites

Explain to the agent and mother what they are signing and that by doing so they agree that your client will be held to those terms. I have to believe any reasonable judge would find that good enough.

Besides which, I assume it's a very nice condo. Probably not a lot that could go wrong that you could get blamed for.

Link to comment
Share on other sites

Originally posted by hausdok

Hi All,

I'm doing a condo in downtown Seattle for a professional ballplayer tomorrow. He's out of town, so his agent and mother will be meeting me onsite.

Anyone know whether an agent who has a power of attorney can legally sign a pre-inspection contract and act on behalf of one of these guys?

ONE TEAM - ONE FIGHT!!!

Mike

Google up "doctrine of apparent authority".

- Jim Katen, Oregon

Link to comment
Share on other sites

I was advised by my attorney that an agent or any rep could sign the contract and it would most likely hold up in court. His opinion is that it is not up to me to understand or interpret their exact agent relationship. I have had agents sign for the client many times but have never had this theory tested in court. I am interested in other peoples view of this.

P.S. If I know the client can not attend the inspection I always fax or email them the agreement. Having the agent sign is not ideal but it is better then nothing.

Link to comment
Share on other sites

I have had agents sign my contracts before. Never had a problem. I guess I won't know if it is a problem until it gets to a court! Judges have a tendency to do what they want.

My gut feeling is that it would not hold up in court if the buyer denied telling the agent to sign for them. No proof that the agent was given permission to sign. Now if they have permission in the way of a "Power of Attorney" or a letter from the buyer in the buyers handwriting, then I can see it holding up.

I just finished up an EW case that involved many documents (Change Orders) that were never signed by the owner of the home, but were signed by the builder and the owners father who lived next door. The judge tossed out the $224,000 in change orders and it was like they never existed. The owner never gave his father permission or his power of attorney.

Link to comment
Share on other sites

Nope,

I don't follow sports at all and really couldn't care less. If he were one of my professional woodworking heroes, I'd probably be all wound up; But sports? Nah.

I've lived here for more than 11 years and have never been to a football, basketball, or baseball game and don't plan on ever going. As long as he pays and I've got my ducks in a row I'm happy.

They are testing my patience though. They just postponed until Thursday.

OT - OF!!!

M.

Link to comment
Share on other sites

It always worries me if my client hasn't read the contract. I don't even like to present it at the inspection, I would much rather have them read it before I show up. I have had a few clients that don't like the contract and decide to hire somebody else, which is fine.

There is that group of people who feel it is beneath them to read and sign contracts, everything should be done by someone else. I think I would be tempted to do what Randy suggests, make sure the report is in the name of and addressed to whoever signed the contract.

Link to comment
Share on other sites

It's probably meaningless anyway. I've done a few jobs for sports stars (Sammy Sosa was one), and they all act like we're from Mars.

The only reason they're getting an inspection is their agent & attorney's told them to. Be prepared for about a dozen lawyers to be there, and half a dozen realtors.

Link to comment
Share on other sites

Sounds like alot of uneasiness with prying eyes hoping to find trouble.

Anyway I guess I could have mentioned that I do like many and E_Mail the agreement ahead of time whenever possible and no one can say there was no time to read it that way.

Just like Mr Mustola suggested

Link to comment
Share on other sites

In any given court on any given day, who knows? But if I had to bet I'd go with the idea that the representative either has a signed, legal power of attorney or they don't have squat. I'd hate to try to beat a ball player in court. He'd probably bring the judge an autographed bat from a famous teammate or something. [:-basebal

Brian G.

No Client Signature, No Inspection [:-dog]

Link to comment
Share on other sites

Hi,

Well, the agent claimed to have full power of attorney to act on behalf of his client, so I didn't argue with him. Just did my thing. Found a few things I wouldn't have expected to find in something in that price range, but that's normal.

This is what $750,000 buys in Seattle these days. The subject residence is the center window on the top tier. I'm told they came down $100,000. Jeez, he's going to have the best seat in the house on the 4th of July.

ONE TEAM - ONE FIGHT!!!

Mike

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...