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Old 07-24-2011, 09:31 AM
 
150 posts, read 289,179 times
Reputation: 78

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Hi I'm hoping someone has an idea how we go about terminating our relation ship with the person who has been acting as our buyers agent. He's just not very good and we want to switch.
Is there a formal document?
I don't recall signing anything with him in the first place but have been told that we can't work with anyone else until we sever things legally with the old one....
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Old 07-24-2011, 08:05 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,575,100 times
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If you haven't signed any form of employment agreement then you are free to change. Of course, you should inform him that you no longer want his services.
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Old 07-24-2011, 08:35 PM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
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Why don't you think he's good?
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Old 07-24-2011, 08:45 PM
 
Location: Cary, NC
43,266 posts, read 77,043,330 times
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You mentioned in the Triangle forum that he wrote an offer for you as your Buyers agent. In NC, that means you signed SOMETHING engaging him to do so.
No NC REALTOR can tell you how to break that agreement. To attempt to do so would be unethical.

The thing to do is to discuss the situation with him, and I would expect he would have no real problem parting ways. No one wants to work with someone who doesn't want to work together.
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Old 07-28-2011, 11:28 AM
 
150 posts, read 289,179 times
Reputation: 78
Quote:
Originally Posted by MikeJaquish View Post

You mentioned in the Triangle forum that he wrote an offer for you as your Buyers agent. In NC, that means you signed SOMETHING engaging him to do so. ..... The thing to do is to discuss the situation with him, and I would expect he would have no real problem parting ways. No one wants to work with someone who doesn't want to work together.

I'm so confused.
I emailed him, he wrote back that we never signed anything and we are free to work with whoever we choose.
However I did find the agreement and we did sign. (duh,I know)
Does his stating we are free to go cover us or are we still obligated to the agency?
I'm not trying to do anything unethical, I'm just trying to find someone who will better represent our interests and, I don't want to do anything that will get the new person in trouble with the NC real estate commission (assuming that's the right agency)
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Old 07-28-2011, 11:46 AM
 
Location: Cary, NC
43,266 posts, read 77,043,330 times
Reputation: 45612
Quote:
Originally Posted by dilaurorn View Post
I'm so confused.
I emailed him, he wrote back that we never signed anything and we are free to work with whoever we choose.
However I did find the agreement and we did sign. (duh,I know)
Does his stating we are free to go cover us or are we still obligated to the agency?
I'm not trying to do anything unethical, I'm just trying to find someone who will better represent our interests and, I don't want to do anything that will get the new person in trouble with the NC real estate commission (assuming that's the right agency)
No worries. You won't do anything that will get the next agent in trouble. It is the AGENT's responsibility to avoid trouble.
Run what you signed past the next agent you interview, and get their response/impression.

Is the document "Working With Real Estate Agents," or "Non-Exclusive Buyers Agency Agreement," or "Exclusive Buyers Agency Agreement?"
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Old 07-28-2011, 12:03 PM
 
150 posts, read 289,179 times
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Quote:
Originally Posted by Brandon Hoffman View Post
Why don't you think he's good?
It wasn't just that we lost the house...
(although I have a feeling that if we had entered a bidding war we would have gotten it, we were way below budget and he knew it)
...There were many times during the process when we questioned each other about various things that he just didn't seem to understand but as we didn't know what to expect at all we thought it was just us and our fears...and he was "such a nice guy", and really, he is a lovely man. I wish him no ill will.....

But that being said,

These are our reasons for concern:

-He did not submit our offer in a timely manner. (submitted 7 days later) It became back up offer.

-He explained that we were back up offer on paper only. that sellers liked the specifics of our offer better (long story, basically, they wanted to stay in the home and rent back during a new build. we said yes others said no)

-He was unable to give us a spec on expected utility costs.

-He gave us false information on what was going on. (stated sellers had rejected 1st offer, this never happened.)

-He never suggested that we resubmit a higher bid. House sold for only 3k more than our offer, and he knew we were willing to go up quite a bit and stay in budget.

-Repeatedly called and said, "the house is yours" we are just waiting x number of days for papers..." this number changed from 5 to 15 to 30 to 47....

-Took our earnest money as opposed to the required photocopy. Still waiting for refund.

-On the last possible night he told us, "ok, the house is yours tomorrow". Then was not able to contact him for 2 days. When finally reached, he told us that the house had been closed on by others several days prior.

more than a month of rightly assumed expectations, tears and repeated very expensive trips from NY to NC for no reason.

Even the fact that in asking about areas, I told him that work was going to be in RTP and needed a decent commute...Granted, I probably should have driven it myself to be sure but... He told me RTP was a 15 min drive from east clayton!! (so actually is a good thing things didn't work out for the clayton home...but we fell in love with the area and focused all our efforts there as a result of his recommendations).

Am I being unreasonable? If we knew how to do this on our own we wouldn't need a buyers agent, we need someone to explain to us what we need to do, and represent our interests.
We still want to move and now I'm afraid that we are locked into his agency.
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Old 07-28-2011, 12:12 PM
 
150 posts, read 289,179 times
Reputation: 78
Quote:
Originally Posted by MikeJaquish View Post
No worries. You won't do anything that will get the next agent in trouble. It is the AGENT's responsibility to avoid trouble.
Run what you signed past the next agent you interview, and get their response/impression.

Is the document "Working With Real Estate Agents," or "Non-Exclusive Buyers Agency Agreement," or "Exclusive Buyers Agency Agreement?"
the 3rd one. limits us to working with his agency thru december 31st.

when i told him our intentions, he released us via email no hard feelings...but he said we didn't sign anything -i have the copy....but when i asked for an official doc. to prove termination, no response
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Old 07-28-2011, 12:14 PM
 
150 posts, read 289,179 times
Reputation: 78
Quote:
Originally Posted by dilaurorn View Post
Hi I'm hoping someone has an idea how we go about terminating our relation ship with the person who has been acting as our buyers agent. He's just not very good and we want to switch.
Is there a formal document?
I don't recall signing anything with him in the first place but have been told that we can't work with anyone else until we sever things legally with the old one....
just fyi
i was wrong i found the agreement this in all the other forms we signed.
sorry
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Old 07-28-2011, 12:33 PM
 
935 posts, read 3,445,685 times
Reputation: 996
Quote:
Originally Posted by dilaurorn View Post
-Repeatedly called and said, "the house is yours" we are just waiting x number of days for papers..." this number changed from 5 to 15 to 30 to 47....

-Took our earnest money as opposed to the required photocopy. Still waiting for refund.

-On the last possible night he told us, "ok, the house is yours tomorrow". Then was not able to contact him for 2 days. When finally reached, he told us that the house had been closed on by others several days prior.

more than a month of rightly assumed expectations, tears and repeated very expensive trips from NY to NC for no reason.

OMG! From your account, it sounds like he's either on drugs or running a scam. Did he take your earnest money on the day you made the offer? The one he didn't submit fore 7 days? Did you clarify what he meant by "the house is yours?" Did he say that they had accepted your offer?

To take earnest money and then not submit an offer in a timely manner is unethical. Is it also illegal? Someone else would have to answer that.

Did you get your money back yet?
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