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Old 05-22-2014, 01:22 PM
 
Location: Upstate
7,232 posts, read 7,913,555 times
Reputation: 6151

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My wife and I found a new home to build on our own, negotiated price etc... I then hired an agent to sell my current home and brought the agent along to represent me when I signed the contract on the new home.

The agent had a ton of confidence she could sell my home "by spring". Well it's been 4 months and her contract is ending. I had one low offer and she forgot the contract when she came to the meeting. I had to ask several times to lower my price that she suggested we start with, which she did finally. She was slow updating flyers, updating internet, late for meetings, etc... There are many more things that we felt she did not do right and we told her kindly that we are going to move on when our contract ends.

I also asked her to sign a release form form the purchase of the new home because we don't feel comfortable with her, she didn't procure the home and I want my options open if I hire a new Realtor to sell my home. I plan to take our home off the market for at least the summer so the new Realtor cannot "ride" on what the old agent did.

Now I'm hearing she won't sign the release. I can understand that she and her broker wants the easy money. Again ALL she did was sit in on the meeting.

I did not want to bring up the "dirty laundry list" I have on her (email records also) to her broker, but looks like I may have to. Just to clarify, we made every showing (nine over four months). Had an open house, made changes to our decor etc as per her instructions, etc... Everything she asked, we did.

Is there an option to cancel my contract, then after a period sign a new one with the builder?
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Old 05-22-2014, 01:30 PM
 
Location: Lakewood Ranch, FL
5,644 posts, read 9,775,272 times
Reputation: 6861
I understand why you don't want to renew with her as a listing agent but you brought her into the purchase and she did what she was there to do. I suppose you can tell her not to bother doing anything further but she is the agent you brought into the purchase and she is, I believe, entitled to get paid per your actions.
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Old 05-22-2014, 01:38 PM
 
Location: Upstate
7,232 posts, read 7,913,555 times
Reputation: 6151
Quote:
Originally Posted by bbronston View Post
I understand why you don't want to renew with her as a listing agent but you brought her into the purchase and she did what she was there to do. I suppose you can tell her not to bother doing anything further but she is the agent you brought into the purchase and she is, I believe, entitled to get paid per your actions.
I understand what you are saying. It was my fault to bring her on. Ethically, if you bungled your clients sell like we felt she did, she should move on and not expect compensation for work she did not do.

I will just cancel the contract and find a home somewhere else.
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Old 05-22-2014, 06:07 PM
 
Location: LA/OC
1,083 posts, read 2,005,876 times
Reputation: 604
I'm not sure how the market works in your area, but keeping your home off the market in a generally busy season may hurt you more than it helps. If the previous agent couldn't get it done, I'm not sure what new agent would be "riding" on anyway.
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Old 05-22-2014, 06:33 PM
 
Location: Austin
7,238 posts, read 20,189,025 times
Reputation: 9974
A builder isn't going to just remove an agent from a contract even if she agreed to sign something. Builders don't work that way. The contract you have with your agent is a different contract than what the builder signs with the agent. Builders do business on reputation, and if they get known as the builder who will remove an agent just because the buyer asked them to, they are not going to have many agents showing their properties.
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Old 05-23-2014, 07:16 AM
 
Location: Columbia, SC
10,379 posts, read 20,186,551 times
Reputation: 9346
Just to touch on the second point, I wouldn't advise keeping the home off the market. Instead just go get a new agent. Interview 3 or 5 and hire the best one. It will get a fresh look. If she did a poor job and you hire a good agent they'll do their own thing anyway.
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Old 05-23-2014, 12:14 PM
 
Location: Upstate
7,232 posts, read 7,913,555 times
Reputation: 6151
My plan is to lease the house now since the market has softened in my neighborhood. Again, the agent was not responsive enough to our needs. She was late on everything, texted on her phone during meetings, forgot contracts, etc...

I do not want her to represent me on my purchase. I know that other agents have released themselves in this situation. I brought her on the purchase with the knowledge that she was going to sell my current home.

I was hoping not to confront her broker on her negligence, but if that is what it takes then so be it. One way or another, she will be off of the purchase contract even if I have to cancel and buy a house somewhere else.
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Old 05-24-2014, 09:24 AM
 
988 posts, read 1,594,869 times
Reputation: 1078
You realize that you're not actually paying the agent, per se, but rather her broker, who then gives the agent their cut of the commission. So, if you really do not want her representing you in the transaction, talk to the broker and get either another agent or the broker themself involved instead. It seems silly for you to cancel on a contract for a house you desire just because of that. And as for delisting, right now is the best time of year to sell; if you're okay with potentially waiting close to a year before selling, that's your prerogative, but if you really would like to sell, now's a good a time as any.
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Old 05-24-2014, 09:55 AM
 
6,570 posts, read 5,204,711 times
Reputation: 14480
knife/nose = spite/face
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Old 05-25-2014, 11:53 PM
 
Location: Columbia, SC
10,379 posts, read 20,186,551 times
Reputation: 9346
I gotta say, now you're just being silly. If you like the house buy it.
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