Tim Nguyen, listing agent sharing buyer report w/others (None)

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Rainmaker
5,581,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the agreement is NOT between the agents....it's only the buyer and seller who needs to sign....

Jun 03, 2018 07:50 AM
Rainer
364,604
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

Contact the agent's principal broker. The PB is the one with the ulitmate authority, so they are the one to deal with now.

Jun 03, 2018 07:40 AM
Ambassador
4,622,744
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

A buyers agent's signature is not required in NC or SC but, I don't know about your state. I would seek counsel in your state, Tim.

Jun 03, 2018 07:41 AM
Ambassador
3,174,864
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

If all parties, including the agents, need to sign the release and one agent has not, for whatever reason, then why would title company take the risk and liability of acting unilaterally and releasing the funds?  
Unless the escrow officer was a newbie and had no clue what they were doing, my expectation would be that they would not release funds until ALL required signatures are obtained. 

Jun 03, 2018 08:15 AM
Rainmaker
2,204,195
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

In GA, the seller and buyer are the only ones that sign the earnest money release. 

Jun 03, 2018 08:00 AM
Rainmaker
612,606
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Realistically...

If all the money is going to the buyer, the buyer does not need to sign it either.

Only the looser needs to agree to forfeit the money.

Eve

 

Jun 03, 2018 03:21 PM
Rainmaker
1,525,405
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

I agree with Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D.

Jun 03, 2018 01:28 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Only two parties in our mutual release, the buyer and the seller.

Jun 03, 2018 12:34 PM
Rainmaker
539,377
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Ask a lawyer and get the answer in writing.

Jun 03, 2018 11:36 AM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      In Florida, unless the Broker is holding the money in his or her own escrow account, he/she has nothing to do with it. 

     Hopefully someone from Texas will come along with your answer.  

Jun 03, 2018 11:16 AM
Rainmaker
516,974
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

I agree that the managing broker should step forward in the absence of the missing agent.  This solves the problem, if there is one. 

Jun 03, 2018 11:06 AM
Rainmaker
1,372,805
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

That's an escrow question. Barbara Todaro seems to have nailed it though.

Jun 03, 2018 10:22 AM
Ambassador
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

I don't understand why the BA would need to sign to release EM.  When the terms of the contract are met the escrow company can close the transaction.

Jun 03, 2018 07:58 AM
Rainmaker
4,570,547
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I have no idea... in my state only buyer and seller sign off on releasing monies.

Jun 03, 2018 07:55 AM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

The release is between the buyer and seller. Glad it is resolved.

Jun 03, 2018 07:56 PM
Rainmaker
4,631,427
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Any deposit is for the benefit of the parties. If they authorize release it should be released according to thier instruction!

Jun 03, 2018 05:14 PM
Rainmaker
1,775,547
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

Not in my state of IL. Usually everybody means just that.

Jun 03, 2018 03:11 PM
Rainmaker
583,217
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

here only principals to the transaction (Buyer and Seller) signature would be required, just ask the escrow company.

Jun 03, 2018 02:05 PM
Ambassador
3,085,051
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

in my state agents are not required to sign the release.  After all the contract is between the buyer and seller, they don't need my permission to agree to terminate it.

Jun 03, 2018 01:07 PM
Rainmaker
7,126,040
Roy Kelley
Retired - Gaithersburg, MD

Look at the wording of the agreement.

Jun 03, 2018 10:00 AM
Ambassador
4,775,900
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I don't know the rules in Texas but here the deposit issue is between buyer and seller.

Jun 03, 2018 09:31 AM
Rainmaker
1,439,121
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Richard Weeks may be able to answer this for us.  I'm not sure who signs in CA as it rarely happens.

Jun 03, 2018 09:23 AM
Rainmaker
1,053,383
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Not part of the transaction.  I don't know why agents' signaures are required in your transaction. No knowledge that would allow me to make a meaningful answer. I am in no postition to tell the escrow company what to do.

Jun 03, 2018 09:15 AM
Rainmaker
1,708,245
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

The broker.

Jun 03, 2018 09:08 AM
Rainmaker
1,598,230
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Great answers. I hope it did help.

Jun 09, 2019 01:03 PM
Rainmaker
5,397,752
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In CO only the principals need to sign the release of EM.

Jun 06, 2018 11:05 AM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jun 06, 2018 04:00 AM
Rainmaker
3,071,034
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Barbara Todaro nailed this one!

Jun 04, 2018 06:26 AM
Rainmaker
3,393,897
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Here in NH the buyer agent does not have to sign, just the seller and buyer.

Jun 04, 2018 05:56 AM
Rainmaker
4,799,732
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It depends on the laws in your state.

Jun 04, 2018 05:26 AM
Rainmaker
4,412,529
Richard Weeks
Dallas, TX
REALTOR®, Broker

If the buyers agent is not available (in the age of digital signatures I find that hard to believe) then get their broker to sign.  Our listing agreement and buyers rep agreement state that the agent may be entitled to a portion of the earnest money; therefore the title company prefers we also sign the release.

Jun 04, 2018 05:24 AM
Rainmaker
2,059,280
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

?????

Jun 04, 2018 05:12 AM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Tim Nguyen - escrow funds should be for buyers AND sellers to sign,and may be listing broker/office.

Jun 03, 2018 09:41 PM
Rainmaker
3,986,000
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

NO...all sigs need to be on he contracts.

Jun 03, 2018 08:46 PM
Rainmaker
892,239
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

.

Jun 03, 2018 07:23 PM