seller agent malfeasance need help

NOTES REGARDING IMBROGLIO AT PROPERTY

1. The comedy of errors started when my sister and I came to look at the property, which was my second trip. On the way to “Property City”, I called Mrs. “Seller Agent”. My sister heard on my cell speaker phone Mrs. “Seller Agent” say she was busy but should be free about 1:00 PM. I replied, “If it is OK, we will go to the property and look around. We are going to get something to eat and will call you so we can meet at the property when you are free.” We were at the property, with approval of Mrs. “Seller Agent”, and left to get something to eat at approximately 12:30 noon… at 1:00 Mrs. “Seller Agent” calls us at the restaurant and says she is at the property… we had to rush eating and go back to the property… to meet her… my sister said,” You told her you would call her so nobody would waste any time.” The restaurant where we ate is directly across the street from Mrs. “Seller Agent’s office. I was in the process of calling Mrs. “Seller Agent”, when my cell phone rang from her call to me, to suggest she come over and I would buy her lunch but she called from the property. Had I known Mrs. “Seller Agent” was going to be at the property at 1:00 PM, we would have continued our viewing of the property and waited the 30 minutes for her to arrive. She would not have wasted a trip or infringed on our lunch.
2. Six properties approximately across from the country club, in “Property City”, are now listed at 3000 to 3500 per acre. They are relatively close to the aforementioned property. The prices are current as of today and can be verified with the listing agents.
3. First Mrs. “Seller Agent” told me acreage should be in the $3000 to $3500 per acre rage. Later, when discussing the $60000 seller counter offer, she changed and said she told me from $3500 to $5000 per acre which is a falsehood.
4. If I was not given the impression that the seller would take approximately $50,000, when I went to the bank, and talked to Mr. “Bank Lender”; as Mrs. “Seller Agent” suggested them as a lender should I wish to finance, why would I not have asked the bank to approve $60000 instead of $50000. This does not compute, if $60000 was the suggested price. I would have asked for $60000.00 to be on the safe side should I want to pay that price.
5. When she left the voice mail she said the property has not been on the market that long 4 months, 122 days, and they wanted to wait. That is opposite from what I was first told. Mrs. “Seller Agent” said, “They are extremely motivated and need the money to pay for Mr. “Property Owner” health care as he has Alzheimer.” Did she misrepresent or lie?
6. Why would Mrs. “Seller Agent” not make a written offer as I told her I would prefer to make a written offer and asked for her procedure to do so? She suggested that I make a verbal offer. Against my better judgment, I did so and was insulted for making a quick off the top of my head verbal offer to get the ball rolling. The verbal offer was not accepted.
7. The $45,000.00 cash offer made by email on 11/16/2012 was intended to be a suggestion regarding the verbal offer we had discussed by telephone. It was in no way intended to be a written offer. Evidenced by this written document, the offer did not contain many stipulations that a written offer would contain. I am not comfortable with the verbal offers and something to which neither party can be bound. It is the agent’s responsibility to protect both parties.
8. Taxes for 2011 Market Value land $20,720 + improvements $12,880 = $33,600 this is accessed at approximately 54% less than the listed $62,500.00 selling price. There is a great disparity that I’m sure the tax department will be changing assessment to increase revenue. One would think the property tax department has made a mistake. Surely there must be an error regarding the assessed value of the property with principalities everywhere wanting to increase revenues.
9. Who provided the $62500.00 selling price figure to the seller? Did they pick that number out of the air? Did their Realtor suggest the aforementioned price should be listed at that figure?
10. Just for illustration sake, please consider the following. 6% of $62500.00 = $3,750.00 / 2 = $1875.00 split between seller agent/broker and the buyers agent/broker splits their half $1875.00, should I obtain a buyers agent. Now… 6% of $45000.00 = $2700.00 split between the seller/ buyer broker and agent. $45,000.00 is just an arbitrary figure. $2700.00 vs $1875.00 commission is the computation. $2700.00 commission to split with seller/buyer broker instead for $1875.00 split with seller broker on full $62500.00 sales price? I really do not think the property will sell for the full $62500.00 but I may be misguided. I think one can discern the difference in commission but the concern should be for the benefit of the client.
11. The seller should be concerned about estate taxes and sales taxes on real estate due to change, January 1, 2013. I have been informed, although the federal estate tax was officially repealed on January 1, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act ("TRA 2010") into law on December 17, 2010, which reinstated the estate tax retroactively back to January 1, 2010, and also set new rules for the estates of decedents who die in 2011 and 2012. This law, however, is set to sunset on December 31, 2012, which means that in 2013 the estate tax laws will revert back to the laws that were in effect in 2001/2002. The estate tax rate was set at 35% for the 2010 and 2011 tax years. Should congress not act, on January 1, 2013 the exemption and rate are scheduled to revert back to the numbers that were in effect in 2001/2002 - meaning, as mentioned above, a 55% estate tax rate.
12. I will be watching this property to verify the final selling price. Surely Mrs. “Seller Agent” would not discriminate against me for some unknown reason? I feel Mrs. “Seller Agent” is not only, doing a disservice to me but also to the seller. Obviously, I am not a happy camper and this has put a bad taste in my mouth. This situation is not a positive impression of how business is conducted in the “Property City” real estate arena. I can prove everything I have stated either by written documentation, tape recordings and witnesses. I am still considering my options and possible remedies.
13. If I were not genuinely interested in the property, why would I waste my precious time (time is money) with this? Treating an individual the way I have been treated is just plain cruel.