Buyers Agent Agreement Termination wants comission for any home on market (Realtors, closing)

[garth]

Originally Posted by buyerinma

Man I really wish I found this forum sooner! Maybe we wouldnt have made these mistakes.

Even here, reasonable people will disagree and come to different conclusions. Be sure to read everything, but don't take everything as though it were gold. Consider the sources and use your own mind. You will likely find yourself disagreeing with some posters, even me.

Then, if someone gives you valuable insight, be sure to give them a good rep point, and even a comment using the scales on the upper right of the post. It's a nice way to say, "thanks."

[MikeJaquish]

So, I'm curious about the Buyers' Agency Agreement.

Is it similar to this?
http://www.mahomebuyersassistance.com/pdf/exclusive_buyer_agency.pdf (broken link)

[DanielChang]

Originally Posted by dncngrl1964

why is everyone so gung-ho on getting an attorney?????
it clearly states in black and white on your contract that you can terminate the contract as long as it is in writing
you don't need an attorney for that

if you have red flags or are concerned about the wording in your contract
cancel the deal or at least talk to the agents broker first
most times the expense of an attorney is just that
AN EXPENSE

The OP has stated they have talked to the broker.

Originally Posted by buyerinma

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

The OP has not posted the text of the contract. I don't know what "black and white" you're talking about, but I haven't seen the contract and IANAL. You say "cancel the deal." Sometimes, getting out of a contract is not a simple as just saying "I want to cancel the deal."

Originally Posted by dncngrl1964

NO NO NO NO NO NO NO NO NO NO

THEY CAN NOT DO THAT

you need to read again carefully
they CAN recieve a commission on any home that THEY HAVE SHOWN YOU for a certain amount of time that you agree to typically it is 90 days but as most things in real estate are...that too is negotiable

oh and there is and there is an easy way to make that clause null and void anyway

just sign a buyer brokerage agreement with another agent

It doesn't look like the contract was posted in this thread. I don't understand why you are telling the OP that he/she needs "to read again carefully."

How is "signing a buyer brokerage agreement with another agent" going to make any clause in the original contract "null and void?"

I do not understand your animousity toward lawyers or why you feel legal counsel is unnecessary expense.

Again, IANAL and this may not apply in this situation, however, I would remind you that offering legal advice without a license is an unauthorized practice of law, and in most states, a criminal act.

Your profile shows that you are a "real estate agent" and because you are a professional, others may rely on your advice. Advising someone to avoid consulting a lawyer because it is, "just that, AN EXPENSE" is downright irresponsible and potentially a liability.

[MikeJaquish]

jinxor,

You are right. Too much advice is cavalierly, and anonymously, offered in these forums by agents, and by dilletantes.
None of us is privy to the contract the OP signed.
We have seen the blank termination form, but do not know how it relates to the original agency agreement.

I have not seen anyone identified as a Massachusetts real estate agent or attorney chime in. I am willing to assume that there may be some variation in real estate law and customary activities in different states.
The agency form I linked to is most recently copyrighted in 2002. It may have been updated and revised annually since then.

The only proper answer to the question is to suggest the poster get proper legal counsel, or to negotiate an acceptable termination without it.

[buyerinma]

For those interested this is each page of the scanned agreement.

http://www.openfoundations.com/realty (broken link)

[2bindenver]

I think everything hinges on the words "made available."

What would the legal definition be?

or try to by a house that wasn't listed before the termination date.

or make them sue you in open court.

[dncngrl1964]

Originally Posted by jinxor

I never realized that signing a new contract with someone else negated the original contract. I'm glad you clarified that.

please let me make sure I clarify

you have to cancel the original term or let it expire...
that's when the clause in question starts
so for a given amount of time after the ending of an agreement you cannot go back to a home the agent showed you and purchase it with out him being compensated

The only way to cancel THAT CLAUSE is to sign on with another agent

[DanielChang]

Originally Posted by dncngrl1964

please let me make sure I clarify

you have to cancel the original term or let it expire...
that's when the clause in question starts
so for a given amount of time after the ending of an agreement you cannot go back to a home the agent showed you and purchase it with out him being compensated

The only way to cancel THAT CLAUSE is to sign on with another agent

Perhaps the confusion is in the definition of the word, "clause."

In common usage, a clause refers to a collection of words. In law, a clause refers to a section of a legal document. I'm unfamiliar with "clause" as denoting a period of time and couldn't find a dictionary with that definition.

Since you have written "when the clause in question starts," I am assuming that you are using the term "clause" to refer to the amount of time after the termination of the contract where one is obligated to pay one's original agent. In any case, obtaining a new agent does not waive the responsibilities of the buyer to pay the original agent. If the original agent can show procuring cause, he is entitled to his share of fees for services rendered.

I can't believe some of the terms and provisions of the "Exclusive Buyer Agency Employment Agreement" you posted, buyerinma!

This contract shall commence on ?? and terminate upon the Client's purchase of real estate property. This agreement may be altered by written agreement between the Client and Buyer's Network or by either party signing and delivering to the other a copy of the Termination of Exclusive Buyer Agency Employment form attached hereto.

And in the termination clause

It is agreed that if the Client or Agent, wishes to terminate this agreement, either one may do so by signing the Termination of Exclusive Buyer Agency Employment Agreement form, attached as part of this agreement.

This form does not provide for other options to terminate the contract other than the form listed. There's a lot of wording in this specific contract that I never agree to. I would consult a lawyer about my options.

[MikeJaquish]

"I would consult a lawyer about my options."

Bullseye!
And, I see nothing in the agency agreement that indicates signing with another agent frees the Buyer from commission payment.

OP needs advice relevant to Massachusetts, not another state. That advice will most likely be obtained in Massachusetts.

[palmcoasting]

Agreed. In Florida, if there is no stated termination date, the contract is not enforceable. But. I have no clue what it would be in Ma. An attorney would. Call a local real estate attorney, I'm quite sure they've been contacted about the situation in past.