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#439246 - 09/19/14 08:47 PM How to break up with my Client
elongfellow Offline
Junior Member

Registered: 09/19/14
Posts: 2
Loc: CA
Hello All,
My buyer client and I decided mutually that we should terminate our buyers rep/exclusive contract early. Itís mutual, without going into details and for the better for both of us. Here are my questions:
1) Iíd like to provide her with a termination contract and canít find the right one.
2) We put offers on 2 homes both of which may fall out of escrow in the near future and it is possible she would renew her offer or make a new one on one of these homes. I definitely want to facilitate the sale should either of those properties come up, since I worked so hard with her on these properties.
3) How do I write up a termination of buyer rep with these exceptions? Is it as simple as just writing a letter and having us both sign it, or are there proper termination contracts for these issues??
Thank you.

#439269 - 09/20/14 03:06 AM Re: How to break up with my Client [Re: elongfellow]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7857
Loc: Vermont's North-East Kingdom
Is there a "Termination Clause" in your Buyer Broker Contract ?

If so, follow it. If you don't know, then now is a good time to familiarize yourself with the Terms and Conditions you've agreed to. Let that language be your guide.

Your situation sounds a little like wanting to get a Divorce; but trying to maintain a reasonable relationship for the sake of the Children you've created together (in this case "Tendered Offers").

How many properties is s/he going to purchase ?

If it's only one; then I have always felt very uncomfortable allowing a Client to make a second Offer on another property when we don't know with certainty what the disposition of the 1st Offer will be. If the Buyer can't purchase two(2), then you've placed the Client in a vulnerable position where s/he could be sued for Breach of Contract or, minimally, failure to perform, and possibly lose any Good Faith Deposit that accompanied the 1st Offer.

I'd discuss this matter with your Broker immediately; or seeing as you are in California, and you could be "The Broker", then discuss the matter with your Attorney; and let him/her draft the language that could extricate you from this unusual situation . . . . while you still have "irons in the fire".

Trying to maintain that luke-warm contractual relationship that you're proposing, with applicability only to the properties that s/he has made Offers on through you, will be extremely awkward; and I doubt that she'd agree to it.

I think that if she wants to severe the relationship with you as her Agent, then you should anticipate being "thrown completely under the bus", and not just half-way. Perhaps you'd have some prospect for pursuing a Commission based upon being the "Procuring Cause" if she were to actually purchase one of the two properties that she made Offers on through you; but that's going to be a long shot if she renews her Offer using another Agent.

Good Luck !
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

#439274 - 09/20/14 07:05 AM Re: How to break up with my Client [Re: Vermont]
elongfellow Offline
Junior Member

Registered: 09/19/14
Posts: 2
Loc: CA
Thanks so much for your response. Just one purchase - and due to my poor initial explanation, her first offer was for a home that subsequently withdrew their listing. Her 2nd offer was verbally rejected. So these homes are longshots, but just in case either returns to her via a phone call, I wish to be the agent that renews her offer based on as you say causing the initial offer.

In the meantime, off to my termination clause to learn....


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