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It's terrible that you are so dissatisfied with this agent. Did you interview him before you signed the agency agreement? I expect he will argue with you about cancelling your agreement. If he does, ask to speak with the Broker. I've been a Realtor for 14 yrs., and most of my clients are repeat customers, referrals from them, or friends, or friends kids, etc. After explaining agency to my buyers, I ask them to sign a Consumer's Information Statement, but don't ask them to sign an Exclusive Buyers' Agency agreement. I certainly wouldn't want to work with someone who is as uncomfortable as you are. Does that mean I've never lost a potential buyer to a FSBO, no. But, they will come to me to sell their home, since I keep in touch.
Just a bit of advice - interview your next Agent, asking how they work. But before you waste anymore time, ask friends for referrals. Good luck!

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You might want to consult an attorney.

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A0.

Just to be careful ……because you likely can’t “fire” him

I would suggest you re-read your contract before you proceed.

Typically, these contracts are between 2 parties, in this case you and (through the agent) the broker.

Both parties sign on (agree) and enter into the contract. Therefore both parties must sign off (agree) to void it.

You can certainly choose to not work with this agent anymore, but that choice alone will likely not relieve you of your contractual obligations.

Should you enter into an Agreement of Purchase and Sale while this contract is still valid your agent will have every right to his commission weather he had anything to do with it or not. I would expect him or his broker to pursue (sue) for payment.

There will likely also be a holdover period ~ be sure before it costs you money.

Good luck …………….. Dave

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We have ways of finding things out. Every home that is sold becomes public record.

Thanks for all the advice! I have to count on the fact that they don't sue here.

It's not worth their while, and they don't win.

OK, I just talked to a friend who told me to approach it more calmly. Tell him it's not working for me to look, that I need a break, etc. etc.

I know a lot of people who have walked away from these contracts without any penalty.

I'm sorry you're having such a difficult time with your agent. Most of the time, around me anyways, because it's written in our contracts, brokers don't sue, they go to mediation. Which is where you and your NEW agent would most likely end up if you were to purchse something with another agent while still having a valid EBA. It's really against the rules for another agent to persue a client that is knowingly uner an agreement with another. Mediation isn't the only thing that could happen. The obvious thing is that your origianl broker/agent will get the commission off the sale. The not so obvious is that the other agent would likely face fines and some sort of reprimand their board, didvsion, or whoever takes care of that stuff around you.

littletiger
I am so sorry that you are having this problem with this agent. Most agents are not like that. Now as to your situation he is the deal. Will the agent/broker go after you for commission due to this agreement? Most likely not. However the reality of the situations is they can and some will. So you have to be aware of the situations. Also you said you agreement is for 90 days. I would recommend just looking around and waiting till you currant agreement expires. Then there is no question. Also I really need to point out that most good productive agent is not like that. The really good one like myself relies too much on referral business. So we can not treat out clients like you are being treated. If you were my client I would need you to recommend me to you friends. So I beg of you please do not think that all real estate agents are like that.
Thanks
Alan Plager
Prudetial Tropical Realty

Thanks all. I am happy to go without an agent for a while.

I was told that if he sued, he would likely lose, as courts are not sympathetic. In mediation, I am not at all sure what would happen.

And, if I am buying a property where the seller offers no commission, he'd be coming after me personally. That is what I am most afraid of. In this market, 3% is at least $12,000 that I don't have.

And if I miss out on a chance to lock in on new construction because I have to wait out the agreement. . . .

It does NOT seem fair that I can't house shop because of this agreement.

hey, you signed the agreement. you don't have to sign it, no one forced you to. not everyone in this area requires you to sign one.

your buyer broker agreement probably said if the seller doesn't pay 3%, you make up the difference. that is what ours say. good luck on him not coming after you. i've seen many go after clients and win.

Just remembered something!

This dork got into a physical alteration with a resident in a building where I wanted to see a condo. We couldn't get in, the resident came by and opened the door, but rightfully refused to let us in (had he let us in we would have gone to see if it was on lockbox). This agent got into a physical fight with the guy, who was startled, and wanted to know his name to file a complaint, but of course, my agent refused.

I was appalled at the situation but figured he was being overzealous.

But it is this part of him that makes me uncomfortable.

So, given this type of behavior, I think I'll have no problem getting the broker to release me from the agreement.

are you here to get advice, or are you here to trash this agent??? if you want out of it, then go to the broker, all he will probably do is reassign you to a new agent and that is all that the broker has to do, but if i were you, i would stop trashing the agent. you never know if they come here or not.

This sure proves to me that I'm not interested in signing Buyer Agency Agreements with people I don't know............. give me LISTINGS (and buyers' that I've prequalified !

There is no law in the world that would require me to work with him.

I am no longer worried about getting out of this contract, nor do I wonder if it isn't the right thing (as if I did after making the decision to fire him).

If a contract proves impossible to perform, no one will force you to perform it.

I realize you're defensive because you're still in the area, but you avoid all the trouble by remaining professional.

And if I am venting a bit about this agent's lack of professionalism, it's because I don't see that he deserves a reward of several thousand dollars for it, nor does he have the right to stop me from looking.

And, Gloucester, I don't blame you for not wanting to be a buyers' agent, since dealing with an emotional first-time buyer is not easy. I will be trying this without an agent, it is much less stressful. It is the agents who demand an exclusive agreements, not us. Right now, there are more buyers than sellers, apparently.

As far as trashing the agent, I have not identified him, and if he is reading, all the more reason he has to be professional in terminating our agreement.

I was not making up that I couldn't work with him, and it's my money at stake. I'm not giving it up easily, nor am I going to stop looking for a house because of a mistake I made a month ago in signing an agreement.

I don't think any court or mediator is going to charge me thousands of dollars for such a clear mistake.

Homes by Kassie,

You really expect me to work with someone I can't stand?

Not going to happen. What do you think are the ramifications to a real estate agent who is so overzealous as to attack a resident and in the meanwhile turn off his client?

He will let me go, and quietly, without a whimper.

no i don't, but i do expect a little bit of professionalism from buyers as well.

like i said before, you are in a binding contract, and he doesn't have to be nice and let you out of it either.

He does not deserve $12,000 out of my pocket. Hopefully he has better things to do. And, given how he's acted, he's best served by doing them, starting fresh with new clients unless and until he turns them off.

Signing something is not that be all and end all, if it is unfair, it is not enforceable.

And in this case, it's totally unreasonable.

ok, but i'd still suggest what someone else suggested, contact a lawyer. but i doubt that you do that because you seem pretty angry right now. good luck

I will be contacting a lawyer, I know a lot of them, but he's going to be the one that needs one if he pushes it.

What do you think of a real estate agent that drives a client to do that? It is ok if they get them to sign a paper? That is free reign and service and respect for your client (and others, and your ethical rules, by the way) don't matter?

He's driven me crazy for a reason, and I'm not paying him for that, nor am I going to forego my househunt because I can't work with him--though likely I won't buy anything till the period expires anyway.

like i said good luck. i'm not commenting on anything where i only know one side of the story.

I understand your being defensive, being a broker yourself.

But like I said, no mistake that is a mistake based on the unprofessional behavior of an agent should cost me money.

Most agents I know let it go. If he doesn't, I won't hesitate to fight back with the very reasons he makes me uncomfortable.

And most of the people in my area said 1) most agents have no time to fight back and 2) they won't win if they do fight it, around here, people will be buyer-friendly, not broker friendly, who is going to force a strapped buyer to pay thousands of dollars to a company/agent that is in a business that at the moment is minting money. And to an agent that pushes and shoves other residents and leaves town and instead of having a colleague show the place gives the buyer the lockbox combination?

i'm not a broker, just to clarify, i'm a Realtor.

Littletiger,

I have no idea what area you are in, and of course, all areas are different. But I will tell you that EBA's are indeed enforceable. I would be very careful who is telling you they are not - are they attorneys? Also, it is not the agent who pursues the settlement, it is the broker. That is who you have the agreement with, with this bozo as their representation.

The courts generally look at the contract and decide - is it a valid, legal contract? Did both parties willingly sign? Honestly, if these contracts were useless, why would we bother using them?

As you stated, the broker may well let you out of it. But I do not see the agent's bad behavior earlier as directly relevant to this contract.

It is too bad you are blaming all agents for this guy's behavior. Gee, isn't that fair for the rest of us? Have you purchased a home before? Have you dealt with any other real estate agents?

I am a great buyer's agent, and do not personally work with buyers who will not sign one, AND I will be honest - they are NOT common in my area. But, my word is gold, my standards are very high, and I have never had a buyer refuse to sign one NOR try to get out of one. If I ever found myself in a situation where I did not 'click' with the buyer and one us wanted out of the contract, I would likely declare it void.

However, you keep stating 'He doesn't deserve my $12,000'. It seems to me that you have now, while under contract, found new construction you wish to purchase, where there is no cooperation with agents. Therefore, you would have to pay? Is your plan to bide your time and purchase this home in due time, without an agent, simply to save you money? Again, I caution - be very very careful.

In your area, do most new construction not cooperate with agents, or have you happened across a rarity? That is very relevant - if they are not the norm, WHY are they operating this way? If I were you, I would order inspections up the yin yang - yes, for new construction. Sometimes, nc has more problems that existing homes!

You have found yourself contracted with an agent who has very low standards of conduct, care skill and due diligence, and character. I would take the high ground, state you are not comfortable working with this agent anymore, and get the contract declared void. It is entirely possible the the broker will assign you to another agent who would meet your standards.

Again, keep in mind you are dealing with ONE bozo - certainly not the poster boy for the rest of us, so please refrain from cutting us all down.

Also, if you personally think that buying new construction from the builder directly and having NO personal representation is the best way to go, more power to you. Let me wish you lots and lots of good luck. While you are chatting with your buddies, why don't you check around and see if they have heard of any builders taking the buyers for a ride when no one is there looking out for them. Do you know all the ins and outs, how to protect yourself completely, how to make sure the contract is written protecting your best interests, etc.?

If this new construction has an agent, and they want to represent both sides, definitely watch out. Their first job is to the seller/builder. You are secondary. You may find yourself with no representation at all, and the lure may be "look at the lower price we will give you by not having to pay your agent". Do you really not want someone looking out for you when someone is looking out for the other side?

Dual agency is one agent, both sides. Research dual agency in your state for clarification if needed.

If you find a great agent, one who works for YOUR best interests in all ways, you will be thrilled and see the value. Until then, please keep an open mind.

I don't at all think agents are all this way. I don't think I said that, though I am turned off to the idea of trying out a few more.

I decided against this new construction, it does not honor agents, but most do.

I will not work with this guy, tomorrow, they get a notice that I am voiding the contract. And while the contracts may have some teeth, it cannot be enforced if it is unreasonable, that is basic law. And it is unreasonable for this broker to take a commission on anything I purchase after I've expressed such discontent.

And, I think some of what he did would threaten his real estate license, so I think he'll let me out of the contract. If not, I have to say, now that I'm passing up the new construction, I think it's unlikely I'll buy anything anyway.

Here's the letter I plan to send by fax tomorrow:

To Whom It May Concern:

I am writing to rescind the exclusive buyer-broker agreement that I signed the week of April 21 or thereabouts where Broker Firm was named as my exclusive broker and Agent my agent. The reasons are personality differences with the agent. I am not comfortable working with him. I no longer wish to work with the agent, or the firm. In the name of keeping matters cordial, and professional, I do not wish to list details or incidences. I expect to part ways amicably.

From the date of this letter going forward, none of Broker Firm, Agent, nor I have any obligations toward one another. I do not wish to receive any listings or services from Broker Firm, or from Agent, nor do I have any intention of making any demands for any such services, or accepting any. I am also terminating any rights Broker Firm or Agent may have on any purchase I may make from this day forward.

I would recommend running it by a real attorney. We can all give you our opinions but not legal advice. The laws in every state differ and if you signed an agreement you have a contract and depending on the wording and the laws of your state, you may and or may not just be able to cancel it. Regardless of your reasoning, I am surprised that you are even trying to kill it. The agent may not be right but two wrongs do not make a right. Again either ask a real attorney and or just wait out the additional 30 days till it expires.
Thanks
Alan Plager
Prudential Tropical Realty

It's 60 days until it expires.

And people just walk away from these agreements all the time here.

What I want is a release so they don't try to claim a portion of a sale I complete in the next 60 days. They have no business doing that when I can't stand to work with them.

Like I said, I made a mistake in signing for so long, I am not staying in it. I need the letter to be able to fight them if they try to claim a commission.

And, bringing in an attorney is what I'll do if they really try to enforce it.

By the way, I am an attorney, I know that you can't enforce a contract when the result is inequitable. I am embarassed that as an attorney I signed the agreement, but I did it after he told me it was "standard for the industry", which it is not, and as I haven't practiced in years, I was approaching it as a consumer and not a lawyer.

I have admitted my mistake, I'm not compounding it by postponing my house search just because the agent is a bozo and I feel "tied" to him. I know too many people here who dumped their shady agents, contract be damned, I'm not going to be a "victim" to the contract. Mistakes were made to be fixed.

i do have to say that people don't walk away from them all the time here. i don't know what people are telling you.

they can enforce it, and if it is found out that you do purchase a home that he has showed you, he can come after you for the money, i believe it's called procuring cause or something like that.

instead of faxing your request, you may want to mail it certified and also speak with this agents broker. as a lawyer, even you should know that.

If you are an attorny then why are you asking us what to do about legal matters? You would know that we cannot give you legal advice. You made a post here and asked us to look at your letter.
But Now we are getting to the heart and sole of your reasoning.

Cool! I had no idea you could get out of a contract just by faxing the other party a letter. What do you guys think about this one?

"To Whom It May Concern:

I am writing to rescind the mortgage contract that I signed. The reasons are personality difference between myself and your bankers, specifically due to me having a personality that makes me not like writing a big check each month. Therefore, I am voiding the mortgage and will not be paying you any more. Since I have voided the mortgage you cannot foreclose and I am going to keep the house.

Sincelely,
Guy Who Claims to be an Attorney"

I had something like that written but decided against inputting it. I kind of like this attorney who says even though they have a legal binding contract but
I just wonder what a real judge would say to an attorney that goes to court with that reasoning. I must be watching to much Law & Order.

she should take it to Judge Judy. i'd watch that episode when she says to her "but I'm a LAWYER!"

I perfer Judge Joe Brown.
But yoru right I would watch that show whomever its on.

yea, judge joe brown would lay into her, either one would be good. lol

Hey Kassie
I just took a look at your web site and just an FYI when I clicked on some of your links it goes to

How do you like your web site. I almost went to them. But instead decided to do my own.

janet realty?? we don't have one around here. that company is actually called Janet Whitfield Realty, she is a second mom to me and owns her company in Georgia.

I have read every post on this subject and have a concern. Attorney or not, this guy is very dissatisfied with his agent and the attitude from a good many of the posts is, "How dare you be angry at an agent. Why, he is doing a service just talking to you!. Don't you get it? We are realtors! R-E-A-L-T-O-R-S!. You will buy from us and be satisfied!"

We are not exempt from idiots in the industry. If my state is like others, anyone with a lick of sense and a few hundred dollars can pass the exam and proclaim themselves as "Number 1 expert" in real estate in their area.

When an agent passes the exam, they do not shed their idiosyncracies. Agents are not beyond reproach.

My suggestion would be to make a detailed list of the actions, keep a journal on the subject, and present it to the agent's broker. Ask the broker to release you from the contract. If he refuses, become the squeaky wheel.

Thanks Greg. I talked to someone who calmed me down, and my actions will be along the lines you recommend.

I will refrain from providing instances of misconduct if I can, as I'm not looking to make this guy lose his license (one thing he did would be a nobrainer, as confirmed by the person I talked to), but I'm pretty confident that I can get him and his firm to leave me alone, which is what I want.

Now, posting here has only increased my anxiety, so I'm out of here.

Greg
That is not what we are saying at all. I do agree with what you are saying. However there are always two sides to every story. We are hearing only hers. I am not defending the realtor here. Nobody knows realtors like I do. And there are too many realtors that get these buyer broker agreements signed only to do nothing. Then want to get paid. They do not earn they pay. I have personally worked with many buyers and got all the way down to the closing table just to have a realtor show up with a buyer broker agreement. Never even knew there was another realtor at all. I have paid many a referral fees just to get the deal closed. HOWEVER I WILL PUT THIS IN ALL CAPS. IF THIS REALTOR HAD NOTHING TO DO WITH THE PROPERTY SHE WANTS TO BUY THEN HE/SHE SHOULD NOT BE TRYING TO CLAIM A COMMISSION.

However for an attorney to totally disregard a signed agreement is totally appalling to me. If she did not claim to be an attorney I would not have been so hash. However as a member of the courts an attorney of all people should be held to a little higher standard as to signed agreements. An attorney should have known and looked at the pitfalls of an agreement.

So what I am saying is I have nothing against attorneys. Many have saved transactions and my commissions. I hold them in high regard. However they must hold them accountable to the agreements that they sign. Attorneys more then anyone should know what they are signing. I was with her up an till she said she was an attorney. From that moment on its like Ms/Mr. Attorney you signed an agreement, you knew what you was signing, now honor it. In simple there are in my opinion two different issues here. One what the realtor/broker did and should he/she be able to claim a commission. And two she is an attorney and should she be accountable to what she signed.

Alan,
After reading all of these posts I feel that littletiger is most certainly No Lawyer! That should be obvious by how these posts were written. No real attorney is going to say that an EBA is unenforceable!

Hey Greg
What disturb me are two things she claimed. First she is a lawyer and 2 So with that last comment and not knowing all the facts it just makes me wonder whether everything is blown completely out of proportion just to avoid paying this realtor/broker a commission. Please keep in mind I am not taking any side. I am not defending the realtor only pointing out that we do not have all the facts of the events. And without that all we really have is that a person who claims to be a lawyer has a fully executed buyer broker agreement that she wants out due to she found a FSBO that is not paying a commission and the buyer doe not want to pay a commission that she really does not have. That my friend is all we can look at. What the realtor/broker did and or not do, we can not comment on simple we do not have enough actual facts.

Since she went back and erased everything, I don't have the full story, but it sounds like a bad situation from Paul and Alan's posts.

I guess this one is dead anyway. No attorney is going to try to weasle out of a signed contract, right?

So, Alan, attorneys do not give up their consumer rights because they are attorneys. Any more than it is ok to cheat you in a real estate deal because you're a realtor.

And, this realtor was claiming a commission on ANY property I bought, he said as much Friday "it doesn't matter if you find it, I'm your agent." No way, especially since goodwill had been destroyed by his behavior. You missed, I think, that I could have his license revoked for one of the incidents in particular, and based on another, a couple of realtors told me their jobs would be on the line.

The broker and agent let me out of the agreement without a whimper. I have a signed document releasing all obligations.

So much for the naysayers.

But, you now have your outrage and I have an incredible amount of relief that this bozo will not try to interfere with a sale.

And I feel a lot better about my search. And no, I have not found a property, but I will be proceeding with shorter agreements with agents, on more reasonable terms.

Everything is the way it should be.

For those who thought I should wait it out. . . you don't have to stay in a bad situation, a mistake, because of a piece of paper. He told me it was a standard agreement for the industry, though no one else I talked to requires that, I admitted my mistake in believing that. Everything is a matter of negotiation, and the interests on both sides.

It was in this brokerage's and realtor's interest to let someone who was so dissatisfied with their services go. The broker apologized profusely, even though I didn't explain why, just cited problems. I guess the tone of my voice or my letter said it all.

Apparently, that IS how it works in the real world.

Now, this place just reminds me of all the anxiety I went through thinking of this bozo interrupting a deal I really wanted to go through, so ta ta, thank you to the helpful posters, to the others, you are entitled to your opinions, but business is business.

That's a lawyers' opinion you CAN take to the bank.

Of course they let you out. No one wants to be an agent who sues their client.

If you read your agreement, it will most likely have wording that they represent you if you purchase properties in a certain area for a certain period of time. If you signed the agreement, you agreed to that fact. Most lawyers would ask for an exclusion clause if they also wanted to find a property on their own and not use the agent. I was a first-time buyer and knew this. I asked for an exclusion clause. Of course, now I know that finding the home is only a part of what an agent's job is and the actual closing process is what they also get paid for.

The good news is that the agent will learn to specifically cover this section of the contract with their clients since it comes up all the time in commission disputes. Too bad for them in this case.

I can't imagine that there is some Realtor out there fighting for the right to represent you.

I would have let you out of the signed agreement not because your right, just not worth the time.

I am not saying that. What I am saying is attorneys just because of their so called special training should be held a little more accountable to what they sign as well as the proper procedure to make a change in an agreement. Period. Nothing more - nothing less. After all attorneys is who we as members of the general public go to for advice before we sign any documents as well as to explain documents to us and ask about their meaning and pitfalls.

As to your issue with this agent all I am saying is we do not have enough facts to chose sides and or say you or this broker is correct. If what you say is actually correct I really would like to see you pursue having his license for those sorts of actions makes it very hard on the good realtors out there.

And if you really read my last post I do not feel a broker and or realtor should collect a commission on a property that they had nothing to do with especially if the potential buyer does not want representation.

Google has a cache of the thread before posts were deleted. Unfortunately it only showed the first 2 posts when I pulled it.

Author Topic: I'm firing my buyers' agent/broker
littletiger
Junior Member
Member # 8854

posted 05-21-2005 05:09 PM
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I live in a place where the market is crazy and we have to have exclusive agreements with buyers' agents.

I despise my agent, while he does send me a lot of listings, he's been pushy, rude, and generally irritating. In one month, during this busy season, he's been out of town a couple of times. He get angry if I find something on my own and don't tell him, he was mad the last time we didn't win a bid and started lecturing me on how I need to focus, etc. etc. because he never loses twice.

I did sign a three month agreement with him but at this point I'd rather stop looking than continue to work with him.

I am terminating our agreement, in writing on Monday, any idea as to whether he can come after me for anything (though I'm not likely to buy anything in the next couple of months).

I talked to a couple of other agents in this area without naming names and they said an agent will never bother to come after you and if they do courts would never see it that way.

I just want more comfort on that--again, he is getting fired, that's not negotiable.

He sounds like a pretty bad agent. I see why she'd want out of the agreement. I hate she had that experience.

i hate that she did too, but she was pretty rude with the way she wanted to approach it as well. instead of calling the agent and his broker and telling them she wanted out initially, she was just going to fax them, as if that would work. lmao

Somehow based on her previous messages I would bet there is another side to this story. I bet littletiger just brings out the best in everyone.

I agree with Paul. Seens like Littletiger left a littlesomething out of the story.

Just have a feeling she found a brand new home and realized that the buyer agreement is going to cost her $12,000 and the new home may not be there when the SIGNED AGREEMENT expires.

Well it just a feeling.