Buyers Agent Agreement Termination wants comission for any home on market (seller, standard)

[buyerinma]

So on this note, if we received automated MLS listings daily from our agent based on criteria such as price do those also typically fall under such a contract as being "made available"? Would that also fall under the criteria for the term "located" by the agent?

[MikeJaquish]

Originally Posted by buyerinma

So on this note, if we received automated MLS listings daily from our agent based on criteria such as price do those also typically fall under such a contract as being "made available"? Would that also fall under the criteria for the term "located" by the agent?

Questions like this are the major reason that I am delighted you have sought legal counsel.
I have email logs of all the houses I send folks. My name is on the email. I set it in motion. Did I do it?

Again, glad you are taking a shot at good local legal information.

[dncngrl1964]

Originally Posted by MikeJaquish

I put my Buyers onto an auto-email search, and can track EVERY home that goes to them. It can be hundreds of homes, depending on area and search parameters. They are made "available," I would think according to some interpretation of that phrase.

I was delighted to see that the OP is having an attorney review the contract.
I'm delighted the OP sent the form to NAEBA.

Our NC standard Realtor/NC Bar Association Exclusive Right to Represent Buyer forms are more similar to the Massachusetts Realtor form that I linked to, but also are more detailed. Reasonable protections are in place for both parties, including the stipulation that commission is not owed after expiration if the Buyer engages another Realtor.

I would wonder if an agency would go to the expense to draft their own forms to offer more protections to the client. Just a hunch...

I think the phrase that is looked for and must be proven is
"is that agent the procuring cause of that sale"
I don't think emails of homes sent would be considered that

[palmcoasting]

Originally Posted by buyerinma

I am going to engage and attorney and will let you know how it goes. I spoke with someone from the NAEBA yesterday and they said none of this was standard practice. The funny thing is that they are the ones that had referred me to this agency. When they found out about this they were not happy.

YAY! I'm so glad you are going to make sure you are protected. Please do let us know...it would be wonderful for everyone to know the answer and to be aware.

[MikeJaquish]

Originally Posted by dncngrl1964

I think the phrase that is looked for and must be proven is
"is that agent the procuring cause of that sale"
I don't think emails of homes sent would be considered that

I'm curious, what details in the agreement the OP signed, or Massachusetts law led you to this conclusion?

[garth]

Originally Posted by buyerinma

I am going to engage and attorney and will let you know how it goes.

Great decision. I hope you do update the thread with the results. I'm very interested in the outcome.

You've also got quite a bit of an education out of this experience. Perhaps the next time you won't get locked into another one of these "contracts." Obviously there hasn't been any benefit for you and they're not needed for protection of the agent's intrests.

Good luck with your meeting.

[buyerinma]

Well I have to say the last thing i thought I would need to do when finding a buyers agent was hire a lawyer to break away from them. I thought I was doing a good thing and "protecting myself" from dealing directly with the agent that works for the seller by using their services. Hiring someone that is on my side. It is frustrating to say the least. Probably will prove to be an expensive learning experience as well..

[dncngrl1964]

Originally Posted by MikeJaquish

I'm curious, what details in the agreement the OP signed, or Massachusetts law led you to this conclusion?

Dude I really don't know nor do i care why you seem to have it out for me....
I have stated numerous times that state rules vary
but just for you
the statement I made about procuring cause is basic RE101

the agent has to prove that he was the reason that the client chose that house
do you really think that the real estate commission is going to vote favorable in a battle for the agent because "he sent them an email of the house?????"

no I don't know what their agreement said...
but i did give sound advise

MAKE AN APPOINTMENT WITH THE REAL ESTATE COMMISSION AND SHOW THEM THE DOCUMENTATION

[garth]

Originally Posted by buyerinma

I thought I was doing a good thing and "protecting myself" from dealing directly with the agent that works for the seller by using their services. Hiring someone that is on my side.

You can have a Realtor or real estate agent represent your interests. It's probably best to do it that way. You just don't need to lock yourself into a "contract" with one of them as I've already written, especially a contract that gives them everything and offers you nothing.

Remember, even after you start working with an agent, you can fire them at any time . . . and you don't need to have, or need to give, a reason for firing them. However, once you've found one that works hard and works well wth you, treat them well because it's a rare thing to develop a relationship like that . . . but that's all you need to do. They will get paid from the commission and will have their right to a commission from a property they showed you protected by case law. They need no other "contracts" before you make an offer on a property.

[dduffield]

This is not a legal agreement in Arizona without an ending date. All contracts must have a start date and an end date. You should still call the broker of the company and have the agreement terminated in writing. Hope this helps. Dorathey