Question about buying a home in NC (for sale, real estate)

[rennie12]

Hello, I am hoping someone might be able to help me. We live in NC and my husband put his house on the market before we were married. He signed a Seller Agreement with the realtor that expired "11/21/2011/market review" (not sure what market review means?). He doesn't remember signing a buyer agreement with this woman nor does he have a copy of the agreement. The contract states that he pays 5% total for the sale of the house.

We finally got an offer on the house this November and are expecting to close January 9th, 2013 pending the appraisal which hopefully we should hear back on any day now. We did look at some houses with the realtor but nothing has worked out. Either the houses were too old and we couldn't afford to pay for them and then afford to fix them up or there were issues with the houses that do not make it a correct fit. The day before Thanksgiving I started looking for houses on the internet myself because she does not seem to understand what we want or need. I found a new builders house a great price for sale and we went to go see it that weekend. The house is amazing and I know will get snatched up quickly due to price, size, and all the extras added into it. We signed a contract that day and put down a deposit.

Now my question is, since we do not have a buyers agreement with the realtor and I found the house myself and we set up the time to go see the house plus the contract has already been done up and binder money put down on it are we still obligated to use this realtor? When my husband called her to tell her we had found a house and did not want to see anymore houses she demanded the contact number for the new house sellers. He didn't think (not one who does well under pressure) and gave it to her. She then called up and from what the seller rep told him the realtor flipped out on her and threatened to report her? For what I do not know since we do not have a buyer's agreement with her. We only have an expired seller's agreement from 2011. The realtor then called and talked to the VP of the company, she somehow got a copy of the ratified contract we have with seller and is now trying to convince my husband to sign this paperwork. I am so mad that she went behind our backs and did all this when my husband told her to wait until after we looked over the paperwork and then we would talk to her. Plus she called up yelling and threatening these people. I find her very unprofessional and do not trust her at all at this point.

Without a buyer's agreement are we obligated to work with her on the buying of this house?

Thank you for any help you can give us!!

[MrRational]

Originally Posted by rennie12

He signed a Seller Agreement with the realtor that expired "11/21/2011/market review"
We finally got an offer on the house this November...

He'll (probably) owe a commission on that sale to that agent.

we do not have a buyers agreement...
Without a buyer's agreement are we obligated to work with her on the buying of this house?

Nope. Still, find an agent near where you are looking to buy if this doesn't work out.
Find a lawyer either way.

[rennie12]

Thank you MrRational for the advise!

As far as the selling of our house we do fully intend to go through with her representing us since she did find the buyer. We are not looking to back out on that end.

Just do not trust her after this episode with the new house I found and her behavior.

[faabala]

With no buyer agency agreement then she can't prove anything. I'd call the builder and ask why she was given a copy of the contract between you and the builder. If you used our standard NC contracts at the time you made the offer with the builder then you probably agreed dual agency with the the seller's agent. Check your contract with the builder somebody is representing you.

[roadpony]

This is an excerpt from the FAQ on the NC Real Estate Commission web site that I thought might be pertinent to the OP's questions..

Can the Real Estate Commission give consumers legal advice or help them settle disputes with real estate agents?
No. The Commission cannot enforce contracts or require real estate agents to fulfill promises, reimburse money, or perform other acts. Persons who feel that money is owed to them in a real estate transaction or that a sales contract, lease, etc. has been breached should consult their private attorney for advice and assistance.

What types of consumer complaints should be reported to the Real Estate Commission?
Buyers, sellers, landlords, tenants and other persons involved in real estate transactions who believe that they have been defrauded or victimized by the improper or incompetent acts of a real estate broker should report their complaints to the Real Estate Commission.

[rennie12]

Thank you! Both good things to know. We have asked her for the buyer's agreement she told the builder we had with her since I was not there when hubby signed up with her to make sure that he is remembering everything correctly. The original seller's agreement was done in August of 2011 so it has been awhile.