On homes and real estate: Use a different agent with same office

Q. My husband and I don’t feel our current selling broker has our best interest in mind. We just finished negotiating an offer on our property. Our broker pushed us to go way below our bottom number and accept an offer that we just couldn’t. We also thought she was dishonest in much of her pushing.

Now, here is what I am worried about. When we first signed on with her and were still happy, we asked her to show us a property in which we are very interested. However, I am not comfortable with her negotiating another deal for us. Do we need to make the offer on the property through her, since she showed it to us?

A. Unless you signed a contract specifically hiring her as your agent, you can make your offer through any broker who agrees to take on what would probably end up in a controversy.

A better solution would be to take your concern to the managing broker in your agent’s office. Perhaps someone else in that firm can handle your listing and your offer. It seems a shame to stick with someone you don’t trust, and your contract is with the company, not with her.

Q. Can you refer me to any good real estate lawyers?

A. Ask your bank who handles its real estate work.

Q. What happens if there’s a property for sale, but a seller won’t sell it to the person who wants to buy it? I have had this happen two times, the last time just a few weeks ago. The acreage is still for sale, but not to me.

I talked to a lawyer, and he said there was not anything I could do. If the people don’t want to sell it to me, they don’t have to.

I need this property to move my business. It’s a legal business but not a pretty business. Are the laws different in different states? I know if you have rental property you have to rent to people, even if you don’t always want to. Is selling property different?

A. If you think your offer is being refused because of your race, religion or some other class protected by federal and state fair housing laws, you may have a case.

With rental property, landlords have legally refused prospective tenants because “I don’t rent to smokers” and even “I don’t like lawyers as tenants,” because smokers and lawyers are not legally protected classes.

That landowner could have the right to say, “I don’t want to see an un-pretty business on this property.” If you want to test it in court, try to find a lawyer who thinks otherwise.

Q. We are trying to sell my husband’s parents’ home, but our mortgage company will not give us the payoff amount. We have left messages, but we have not received a response. Is there somewhere we can report them?

A. There certainly is. If you can’t locate the name and address on the Internet, a public librarian can help you find the right place to write to the president of your mortgage company. In your letter, state that you are also writing to the mortgage regulators of the state in which the house is located. Then do so.

Again, you can get the proper addresses at the library. And let me know what happens.

Q. I own two condos that I rent to tenants. I’m losing $6,700 a year total. In this economy, I can’t charge enough to cover the mortgage, the taxes and homeowners association fees. I can’t refinance to lower the payments since I don’t have a job (I’m a stay-at-home mom to twin sons). I was hoping to give these condos to my sons one day as an inheritance.

I have about 23 years left on each mortgage. I bought at the height of the market in 2004 and 2005. If I sell them, I’ll lose $20,000. Should I hold onto them and hope they will become good investments in the future? Or should I cut my losses now?

A If this goes on for three more years, you’ll lose $20,000 anyhow. Assuming you can get enough to cover the mortgages, I’d advise selling.

You’re like the amateur investors who have an emotional reluctance to get rid of losing stocks. It makes one feel like a failure. But would you invest in those condos today? Because think about it — every day you don’t sell, you are choosing to buy — and pay — for them.

Ÿ Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (include a stamped return envelope), or readers may email her through askedith.com.

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