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Here's my two cents and not knowing you and not accusing you by ANY means. This is me as a complete stranger playing devil's advocate.
Sounds like maybe there was something in the offer you would not like/get upset and he is either trying to get clarification on it or have it taken out. You mentioned it's been a struggle to find a place. So he might be trying to be careful. Or he looks down at you as you also mentioned this is your first time doing this and thinks he can dictate what is happening.
He might have forgotten something in the first offer and realized his mistake and is trying to add it and get another counter offer. For an example, maybe the percentage you agreed was 5 percent of sales and he accidentally put in 15 percent. Or something like that and he is trying to correct it. Or there's something that the listing agent is asking for that isn't available and your broker wants to clarify that etc.
In any case, your broker needs to be more upfront with you and tell you what's going on other than a blanket, I need to speak with listing agent etc. I would give it another day and then call his managing broker and request another agent.
And btw, I do not have a contract with the broker.
As usual, the OP is getting some heavily bogus suggestions here.
How can the OP "fire" an agent he has not "hired?"
What IS the agency relationship? Sub-agency? Unrepresented buyer/tenant?
How can people possibly suggest any course of action when they are in the dark regarding the relationship?
I think the OP should clarify the relationship, and should be certain he has an agent on board working for him, formally.
As usual, the OP is getting some heavily bogus suggestions here.
How can the OP "fire" an agent he has not "hired?"
What IS the agency relationship? Sub-agency? Unrepresented buyer/tenant?
How can people possibly suggest any course of action when they are in the dark regarding the relationship?
I think the OP should clarify the relationship, and should be certain he has an agent on board working for him, formally.
While he can't "fire" the agent, can he not go to the broker and get another agent to represent him? Even though they don't have a contract, the agent is invested in this transaction and it seems the OP wants this location as well.
He couldn't just use another agent at another firm to submit another offer on the same location right?
Here's my two cents and not knowing you and not accusing you by ANY means. This is me as a complete stranger playing devil's advocate.
Sounds like maybe there was something in the offer you would not like/get upset and he is either trying to get clarification on it or have it taken out.
I was thinking this might be the case as well. He didn't initially send me the counter on the last property we were pursuing because the landlord actually drafted a counter offer on a completely different property that they owned but that I had not yet toured or had any info on and I think he knew I was going to be disappointed.
As for the level of experience of this guy - he was personally recommended to me by both banks that approved financing for me. He's apparently the 'go to' guy in my area for medical office real estate transactions and has been doing it for decades.
I'm not sure about the legal relationship between us - we connected after my financing was approved but never signed any paperwork or contracts.
As usual, the OP is getting some heavily bogus suggestions here.
How can the OP "fire" an agent he has not "hired?"
What IS the agency relationship? Sub-agency? Unrepresented buyer/tenant?
How can people possibly suggest any course of action when they are in the dark regarding the relationship?
I think the OP should clarify the relationship, and should be certain he has an agent on board working for him, formally.
This was my first reaction. Unless the OP hires him, he does not work for the OP, but the other party.
While he can't "fire" the agent, can he not go to the broker and get another agent to represent him? Even though they don't have a contract, the agent is invested in this transaction and it seems the OP wants this location as well.
He couldn't just use another agent at another firm to submit another offer on the same location right?
The agent has some level of investment, it would appear. How many clients does he have to whom he owes duties he does not owe the OP? Are any of them interested in the property?
Is the agent affiliated with the landlord or the listing brokerage?
Since he has not hired the agent, and cannot clarify the agent's role, why would the OP consider going to management?
One of the fundamental questions a broker/agent can never forget is, "Who do I represent in this transaction?"
The OP needs to know the answer to that question beyond any doubt, and it does not appear that he does.
So, he cannot "fire" someone he has not "hired," but he can certainly seek representation from someone he engages to represent him in a fiduciary role.
But, like bronston said, commercial customs are greatly different from residential. The same rules apply, but how they are regarded and observed seems to be greatly different.
I was thinking this might be the case as well. He didn't initially send me the counter on the last property we were pursuing because the landlord actually drafted a counter offer on a completely different property that they owned but that I had not yet toured or had any info on and I think he knew I was going to be disappointed.
As for the level of experience of this guy - he was personally recommended to me by both banks that approved financing for me. He's apparently the 'go to' guy in my area for medical office real estate transactions and has been doing it for decades.
I'm not sure about the legal relationship between us - we connected after my financing was approved but never signed any paperwork or contracts.
"...we connected after my financing was approved but never signed any paperwork or contracts."
Error! Error!
It is just too much money and too important to you for you to proceed without being sure you have someone in YOUR corner. Right now, you are not sure, and I am certain that adds to your stress.
It depends on the agency laws in the OPs state. If he were here in Florida working with me, I would be working as a transaction agent and there would be no fiduciary duty involved. I'd be working with him but not for him. However, he could be very certain that I'd be looking out for his side of the transaction and, while he might not be able to technically "fire" me, he could certainly walk away if he was not satisfied with my work. I might pursue procuring cause rights given the ideal circumstances but that wouldn't be the OP's concern at all.
Error! Error!
It is just too much money and too important to you for you to proceed without being sure you have someone in YOUR corner. Right now, you are not sure, and I am certain that adds to your stress.
Given that he has been running market surveys once a month and spent hours on the phone contacting listing brokers, organizing viewing times, viewing properties with me, drafting lease documents I'm overall pleased with the effort he's put in on behalf on me. I'm not naive - obviously his motivating factor is to get me a property so HE can be paid.
This particular property is well below market rate with very good tenant improvement allocations. I'm not about to walk away from it because of stress related to the negotiation process. I was trying to figure out the motivation to withhold the counter offer from me; which as others mentioned is not necessarily to go against me.
Given that he has been running market surveys once a month and spent hours on the phone contacting listing brokers, organizing viewing times, viewing properties with me, drafting lease documents I'm overall pleased with the effort he's put in on behalf on me. I'm not naive - obviously his motivating factor is to get me a property so HE can be paid.
This particular property is well below market rate with very good tenant improvement allocations. I'm not about to walk away from it because of stress related to the negotiation process. I was trying to figure out the motivation to withhold the counter offer from me; which as others mentioned is not necessarily to go against me.
Are you a customer or a client?
If you are a customer and he has a client with a similar need, the client comes first. Every time.
He may not be "going against" you. He may just be properly "going for" someone else more aggressively.
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