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Old 11-20-2007, 06:42 PM
 
1,174 posts, read 6,946,308 times
Reputation: 1104

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Quote:
Originally Posted by MikeJaquish View Post
I just got docked a rep point for misspelling "dilettante."
Even though I think I'm supposed to be one of the "cynical internet dilletantes and skeptics," you've got to be kidding. Maybe we need to stick to single syllables, too. Oooops, sorry "syllables" has three.
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Old 11-21-2007, 10:55 AM
 
Location: NW Atlanta
1,372 posts, read 5,211,680 times
Reputation: 452
Quote:
Originally Posted by Brandon Hoffman View Post
Only in your opinion have you given sound advice. You think we're hard on you? Doggone right we are. Go back and think about some of the things you've said. YOU put YOURSELF in position to be sued for practicing law/giving legal advice/advising against seeking legal council repeatedly on here. I know it seems like a friendly chat but you never know what you post that could come back and bite you. If we're harsh, it's because we are trying to keep you out of hot water. You have given no "sound" advice anywhere in this thread. I'd also recommend a review or a class on legal pitfalls. If you intend to represent my profession on a public forum I expect you to be knowledgeable and professional.
the only thing i can say to your constant harrassment Brandon is the same thing you said to me

RE is state to state
here in GA everything I said is true to word
AND some of the things I said are NAR so I know that those things are nation wide...oh...if you're a realtor and have gone by the code of ethics unfortunately some haven't

I don't understand why it is so difficult to save these people money and have them seek help at their RE commission before seeking an attorney

I never said DONT under any circumstances seek an attorney
I said see the RE commission first
I am sure they will let them know where they stand on the issue FOR FREE
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Old 11-21-2007, 03:23 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,218,665 times
Reputation: 2661
Hey Garth. You are safe in Nevada. Buyers Agency here is automatic when you pick up a buyer with or without a Buyers Agreement. Some use them. Particularly those who claim to be buyers agents...though often they mean then don't dual rather than really being exclusively Agents for Buyers.

You would love that NC Buyers Agreement. Has a clause that provides your permission for your agent to accept any bonuses or spifs offered by the seller. Does not appear to require disclosure.

I think that is the standard in most of the West.

To the OP..I think you are safe posting the contract.. Forms are not copyrightable regardless of what they say. There is specific case law. You also would be protected by fair use. And the practical matter that suing over it is an impossible task under these conditions.

I am having a discussion with one of the high level players in NAEBA. I would appreciate reposting the contract or at least the clause dealing with the term and terminating conditions. The actual termination agreement is already up somewhere so I have that.
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Old 11-21-2007, 05:29 PM
 
Location: Cary, NC
2,407 posts, read 10,682,880 times
Reputation: 1380
Quote:
Originally Posted by dncngrl1964 View Post
the only thing i can say to your constant harrassment Brandon is the same thing you said to me

RE is state to state
here in GA everything I said is true to word
AND some of the things I said are NAR so I know that those things are nation wide...oh...if you're a realtor and have gone by the code of ethics unfortunately some haven't
dncngrl1964, your posts are criticized because they are full of incomplete information or complete misinformation. Perhaps in GA what you said may be "true to word" however, here on the internet, specific to the OP situation, what you have said is completely incorrect.

Quote:
Originally Posted by dncngrl1964 View Post
I don't understand why it is so difficult to save these people money and have them seek help at their RE commission before seeking an attorney

I never said DONT under any circumstances seek an attorney
I said see the RE commission first
I am sure they will let them know where they stand on the issue FOR FREE
The original poster had specific legal questions about her contract. As it turns out her contract was not a standard NAR contract. You have crossed the line when you have dispensed legal advice. You are not a lawyer and therefore, are not qualified to be giving legal advice.

You apparently are so concerned with saving the OP's money that you have gone as far as given advice about a legal document that you know nothing about. I find this incredibly irresponsible.

You claim to be a licensed real estate professional in the state of GA. If you are indicative of the level of professionalism of real estate sales agents licensed by the state of GA, quite frankly, I am appalled.

Last edited by DanielChang; 11-21-2007 at 05:42 PM..
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Old 11-22-2007, 12:24 AM
 
1,174 posts, read 6,946,308 times
Reputation: 1104
Quote:
Originally Posted by olecapt View Post
Hey Garth. You are safe in Nevada. Buyers Agency here is automatic when you pick up a buyer with or without a Buyers Agreement. Some use them. Particularly those who claim to be buyers agents...though often they mean then don't dual rather than really being exclusively Agents for Buyers.

<snipped>

I think that is the standard in most of the West.
Thanks olecapt. From all these discussions, it appeared that there as some kind of regional differences showing up.

Quote:
You would love that NC Buyers Agreement. Has a clause that provides your permission for your agent to accept any bonuses or spifs offered by the seller. Does not appear to require disclosure.
Oh geeeze, don't get me going on that one. I broke my soapbox the other day and I haven't had time to buy another one.

Oh well, you know us Westerners, we're just a bunch of stuborn anti-establishement cowboys unfit for that Eastern sophistication designed to protect us from ourselves. Please excuse me now, I gotta' finish cleaning the bore on my 30-30 so I can head out into the hills for some recreation. There's a few coyotes, but no "foxes," that I'd like to clear from the nearby basin.

Last edited by garth; 11-22-2007 at 12:36 AM..
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Old 12-03-2007, 07:24 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,899,840 times
Reputation: 1009
Quote:
Originally Posted by buyerinma View Post
Hi All,

We signed an exclusive buyers agent agreement back in June. Now we would like to terminate it because the contract has no end date. When we look at the termination agreement it states we will pay commission on any house that we purchase that was for sale during the agreement for 6 months after temination.

Is this standard? I find that most contracts on line are for houses that were "located" or shown by the agent.

I spoke with the owner and he says that he will not alter the termination agreement.

While we are not currently going to purchase a home, but our situation may change before the end of six months and we do not want to use the same agency.

Any ideas or tips for how to get out of this situation?

Thanks!

What ever happened with this? What did the attorney say? I can't seem to find a post you made letting us know. Is there another thread?
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Old 10-05-2011, 05:26 PM
 
1 posts, read 1,874 times
Reputation: 10
I had some showings with a realtor and while making offer of a house which that realtor never shown to us, the realtor while signing papers of offer, by fraud also signed buyer broker agreement of one year from us. Now we want to cancel that agreement because we had a private dealing of one property and the realtor can ask commission on that private deal as agreement him wa signed without anything explaing to us and the date of agreement was filled later on by realtor. Please suggest
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Old 10-05-2011, 07:07 PM
 
Location: Cary, NC
43,317 posts, read 77,165,481 times
Reputation: 45664
Quote:
Originally Posted by pawanpoplee View Post
I had some showings with a realtor and while making offer of a house which that realtor never shown to us, the realtor while signing papers of offer, by fraud also signed buyer broker agreement of one year from us. Now we want to cancel that agreement because we had a private dealing of one property and the realtor can ask commission on that private deal as agreement him wa signed without anything explaing to us and the date of agreement was filled later on by realtor. Please suggest
Same as the rest of this entire thread says:

Talk to an attorney. You said "by fraud," and that means legal action.
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Old 10-05-2011, 07:37 PM
 
Location: Martinsville, NJ
6,175 posts, read 12,943,960 times
Reputation: 4020
Quote:
Originally Posted by pawanpoplee View Post
I had some showings with a realtor and while making offer of a house which that realtor never shown to us, the realtor while signing papers of offer, by fraud also signed buyer broker agreement of one year from us. Now we want to cancel that agreement because we had a private dealing of one property and the realtor can ask commission on that private deal as agreement him wa signed without anything explaing to us and the date of agreement was filled later on by realtor. Please suggest
First, you should create a new thread, instead of tacking on to the end of a three year old one. More people will read it.

Second, you should reword your post so that it's coherent to those who read it. More people will be able to understand and respond with helpful info.
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Old 10-05-2011, 10:21 PM
 
Location: Just south of Denver since 1989
11,832 posts, read 34,451,143 times
Reputation: 8991
I am guessing that there was no fraud.

If you did not sign the agency agreement, there is no fraud, and you can proceed to buy whatever you wish. If you didn't sign it, why would you have a copy of it signed by you?

If you did indeed sign an agency agreement, then you should ask the broker to terminate based upon what the reasons in your contract give you to terminate.

If you have been looking for properties with him, but you wish to buy a FSBO and the FSBO doesn't want to pay a commission to your agent, then you should all work something out that gets you the house for the price and terms you want, the seller gets to move and the broker that makes sure everything gets done on time and without issue gets paid.
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