Q:After dealing with a Realtor for about 60 days submitting 3 offers on different properties and not getting the property I decided I wanted a different Realtor. When I told him I was going to go with a differnt realtor he stated I need to talk to him about terminating our contract. I do not recall signing an agreement with him and the only thing I can think of is he gave it to me when I was signing the papers for the offers that I submitted. He has never given me a copy of such contract. What can I do to get out of his contract.
?Anonymous, Aurora, CO
A: The agent would not have been able to submit the offers without at least a signed Buyer Agency with you. So it is likely you did sign something. But you might not have signed a binding contract. Before you ditch thie realtor, it is best to talk to him about why you did not get those properties and what you expected from him. He did spend 60 days with you and, sounds like, he put in considerable effort with you if you got to make offers on three properties. I am sure you know that he makes no money unless you actually buy a house, so, his motivation IS to succeed in getting you to into a home that you want. If you did not get three different houses, it has to be because your offers were too low. What is causing you to feel that it is his fault? Did he tell you to go in low? A realtor cannot force a sellert to take an offer they feel is too low, no matter how good a negotiator they are. Since only you know the circumstances that caused you to lose out on these three houses, you are in the best position to determine what is the fair way to move forward.
Michelle J Lane is a Realtor? with Century 21 Commonwealth in Wellesley, MA.
A: Ask the Realtor to see your file. What he should?ve had was a Exclusive Buyers Agency Contract signed with you before starting to show you homes.
Connie Covert is a Realtor? in Kansas City, MO.
A: In California some agents use broker/buyer agreements. If you have not signed such an agreement, and you would have prior to looking at homes, most likely ? Then you are free and clear.
However, ask him for the copy of the document that he says is holding you to him/her.
If he gives you flack ? call his broker. If your concerns fall on deaf ears ? hit up the local Board of Realtors.
Connor Mac Ivor is a Realtor? with RE/MAX of Valencia in Santa Clarita, CA.
A: You just have to tell him you?re not happy with him and you?re going to use someone else. If you signed something and he didn?t tell you what you were signing, I?d find someone else too. A buyer isn?t committed to work with a particular Realtor even if they sign a buyer?s commitment if they are not happy with how the jobs going. And for goodness sake, from now on check out everything you sign.
LeKaren Lockridge is a Realtor? with Trend Setter Realty in Houston, TX.
A: Ask him to show you the buyer/brokerage agreement that you ?may? have signed ? if you did not sign that form ? you are not obligated to him ? if you did sign it ? then go ahead and put in writing that you no longer need his services. BUT ? if you buy a property that he has shown you , he is entitled to that commission. Sincerely
Leah
Leah Layman is a Realtor? with Keller Williams Realty Augusta Partners in Augusta, GA.
A: Sounds like a call is needed to an attorney and/or the real estate commission.
Maria Picardi-Kenyon is a Realtor? with Re/Max Tri County Realtors in Hamilton, NJ
A: Call his broker and request that you are provided a copy of the contract that he claims you signed. However, generally once you?ve made an offer on a property, if it is declined, you cannot then go make another offer on the same property with a different Realtor or there will be a commission dispute issue because the 1st Realtor showed it to you. Are you sure its the Realtor?s fault your offers are being declined? Has he provided you comparable listings in the area to help you make a wise and informed offer? Have you received any feedback as to why the offers were not accepted?
Liane Jamason is a Realtor? with Keller Williams Realty in Tampa, FL.
A: First of all, he is obligated to give you a copy of that agreement and should have given it to you right away. Typically, if you have signed agreement the terms of that agreement will dictate how long you are obligated to that Realtor.
Debi Prosek is a Realtor? with Coldwell Banker The Real Estate Group in Green Bay, WI.
A: Contracts typically have an ending date as well as a beginning one. Find out when yours ends. If it?s too far into the future you can simply ask to be released from it based on your dissatisfaction with his past performance. Failing that you can also ask his broker. Personally I would not want a client that did not want to work with me.
Jim Lee is a Realtor? with Re/Max Coast to Coast Properties in Portsmouth, NH.
A: If you have made 3 offers, none successfuly, a question to ask, are the properties you are offering on in distress situations such as Short Sale or Foreclosures? If you find yourself bidding along with other Buyers and your bid does not win the contract, there may be a problem with your offer price. If you are offering on properties NOT distressed and your offers are being rejected by the Sellers, price may well still be the problem with your offers. It appears your Realtor has been working with you diligently if she/he is writing the offers after scheduling appointments and showing you the properties. If this is the case, possibly a face to face conversation about your concerns is in order, not to discuss what house you are going to see or offer on next, but a conversation regarding the working relationship betweeen the two of you. It sounds as if you believe the Realtor is the cause of the results of your not getting the house you want, when I can assure you that Realtors want every offer they make to work, obviouly because when it closes after all the work and effort put into it from the first call to the closing table, provides payment from a job well done. Step back and revisit the events you are referring to (offers on 3 houses) and honestly list the reasons you feel you didn?t get the contract. If after performing the self-evaluation you still feel it is the Realtor?s fault, speak with your Realtor about your desire to leave the working relationship. If you have an Agency Agreement, it should contain directions for terminating the agreement.
Maggie Frazier is a Realtor? with Re/Max Greater Atlanta in Lawrenceville, GA.
A: Contact that agents broker and speak with them about your situation. They will ask the agent if their is a ?Buyer Broker Agreement? if this does not exist then you are free to chose another agent.
Veronica Potter is a Realtor? with Keller Williams Realty in Mission Viejo, CA.
A: The first thing I would do is get a copy of the contract and review the contractual terms ?. and given the fact that the realtor never gave you a copy, and the fact that you are obviously unhappy with the service ? for whatever reason ?. I would contact a real estate attorney and ask them to review the contract and the situation to determine what your legal options are. I am nervous about the justification for its cancellation?. because I too have written multiple contracts for certain of my buyers, only to be forced to underprice/lowball the offers ? and hence why the contracts were rejected ? and the buyer never would listen to my advice and counsel?. Assuming that your realtor is an experienced realtor, I would sit down with your Realtor to figure out WHY were the offers rejected ? and who?s fault was it really? A little soul searching may be needed before you go through the legal route and its associated expense.
David Congdon is a Realtor? with Islands International Realty in Satellite Beach, FL.
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Source: http://rock-n-rollrealestateagent.com/how-long-am-i-obligated-to-a-realtor/
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