Hate our Realtor, already in contract negotiations (buyer's agent, commission, contracts)
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My husband and I are in the process of TRYING to buy our first house. We met our realtor at an open house she was showing. The house was out of our price range, but we talked and she sent us the listings in our price range. Ever since then, I'VE been doing most of the work. I look at all listings, look all over the neigborhoods, look at house after house on numerous different sites. I then call her and she sets up the time to go and look. I then come home and do all sorts of research online. She offers no opinions, no comments, no suggestions. We finally found a house we liked. Everything we thought to ask for-from asking price to negotiations in the contract-she has tried to advise us against. And NOTHING has been unreasonable or out of line with what anyone else would ask for. I'm sure she really wants us to get the house we want, but she doesn't seem to be working FOR us, she seems to be working to get us out of her hair and get her pissy little commission. We finally were advised by friends to ask for what we want, regardless of what she advised. She has a very hard time explaining terms and conditions of contracts and negotiations. The seller agreed to our terms and she was SHOCKED!!! We are so unhappy with her services, but we are in contract negotiations and feel stuck with her. We signed nothing with her stating that she was our sole agent. We want the house, but just don't feel she is giving us good advice. We don't know what is good or bad in negotiations, so we feel she is not helping us to get the best price-she wants us just to get the house, not get it for the best price. Can you fire your agent in the middle of negotiations?
If you haven't signed a buyers agreement with your agent, you don't have any obligation to stay with her if you are so unhappy with her services (or lack thereof).
But depending on the staten you are in, she may be guaranteed a commission because she was technically procuring cause and bringing another Realtor can be considered a willful interjection by the new Realtor and cause him/her ot lose their commission. You should have signed what is called an agency disclosure form (or your states equivalent) which explains who she works for and what her fiduciary responsibilities are....if so, gently remind her of her duties....IE Care, Confidentiality, Loyalty, OBEDIANCE, and Accounting (there's one more, but I can't remember it right now). All of those can/may differ from state to state, but if you look on the agency disclosure form, it will explain it all to you.
It does seem like some realtors are just not interested in their cliient's needs. Watch "Buy Me" on cable TV and you will see almost every time the realtor is NOT trying to get the best value or give good advice to their clients. You're this far along, remember that until you have an offer and acceptance, at the price and terms you have agreed, and all parties are competent (legally), you don't have a valid contract.
If you haven't signed the agent agreement with your agent, I wonder if you could let this agreement die and just use the seller's agent. You would probably do better as they will be willing to do more for you because they won't have to split the commission and may help you out too.
I suggest you call your state department of Real Estate and find out what your rights may be if you don't have an attorney to advise you.
Fire her. Never ride out a transaction with an agent you lack confidence in.
Be creative about it. If she is with a broker call the broker and tell them you have had it with your agent but if they can come up with a couple of people who are good with buyers you will consider them. In general they will scurry around in the back room...send their fixer...who is often very good...and work some referral deal to keep your ex-agent happy. win-win
If that alternative fails send them a certified letter that they are fired for bad performance. I don't think there is a broker in the country willing to pursue procuring cause or a buyers broker agreement under such circumstances.
Then go find someone with whom you find rapport and who has a little nerve. Go buy the house.
Absolute worse case is you could get sued if you have a buyers broker agreement. But the probability is close to zero and you would likely win anyway.
Note that we Realtors are full of ourselves. But we generally do the correct thing when somebody pushes back.
But depending on the staten you are in, she may be guaranteed a commission because she was technically procuring cause and bringing another Realtor can be considered a willful interjection by the new Realtor and cause him/her ot lose their commission. . . .
Yep, your current agent would probably be the "procuring cause" in this case, unless you can prove that you did all the work of finding the home during a mediation hearing. . . . which basically means that she will receive the commission regardless of what happens from this point forward. It's also going to mean that there's probably not too many other agents who would be willing to take over at this point, because the likelihood is that they won't be compensated for their services (unless you would want to be the one to pay them)
Bottom line, since you're already under contract, I think your options are probably pretty limited. In hindsight (which is always 20-20), you should have fired your current agent as soon as you saw she wasn't expending much time and energy on your behalf. I'm not sure that's possible at this point; however one thing you can and should do, is talk to your agent's broker. Be nice, but INSIST on getting the representation you're entitled to. The broker can either assist your current agent in doing her job competently or else he can assign another agent in the office to take over her responsibilities. It kind of sounds like maybe your current agent is new and inexperienced and perhaps some hand-holding by her broker is in order.
Please keep us all posted on how things progress. Home buying is usually one of the biggest financial investments people make. You do need someone that is highly qualified working on your behalf. After all, it's not just pocket change we're talking about here!
Sorry, just re-read your post and realized that things aren't finalized yet. Definitely call your agent's broker and get them involved ASAP! The whole "procuring cause" thing would probably prevent another agent (with another company) from getting involved at this point. You could totally back off, find another agent, and start over again, but you might lose the house in the meantime and procuring cause would still be an issue.
Yep, your current agent would probably be the "procuring cause" in this case, unless you can prove that you did all the work of finding the home during a mediation hearing. . . . which basically means that she will receive the commission regardless of what happens from this point forward. It's also going to mean that there's probably not too many other agents who would be willing to take over at this point, because the likelihood is that they won't be compensated for their services (unless you would want to be the one to pay them)
Bottom line, since you're already under contract, I think your options are probably pretty limited. In hindsight (which is always 20-20), you should have fired your current agent as soon as you saw she wasn't expending much time and energy on your behalf. I'm not sure that's possible at this point; however one thing you can and should do, is talk to your agent's broker. Be nice, but INSIST on getting the representation you're entitled to. The broker can either assist your current agent in doing her job competently or else he can assign another agent in the office to take over her responsibilities. It kind of sounds like maybe your current agent is new and inexperienced and perhaps some hand-holding by her broker is in order.
Please keep us all posted on how things progress. Home buying is usually one of the biggest financial investments people make. You do need someone that is highly qualified working on your behalf. After all, it's not just pocket change we're talking about here!
Gretchen...Please! Why on earth would you ever suggest that a client has to prove anything in a procuring cause matter. That is simply utter nonsense.
Procuring cause is a Realtor/Realtor thing. The client is not involved.
And if the client formally fires the Agent/Broker for cause and before close I can see no way the original agent can suceed.
But the bad thing here is that we suggest an unhappy client needs to be aware of our esoteric procedures. Ain't the clients problem and you are hereby sentenced to a refresher course in the NAR ruberic for even suggesting such.
Gretchen...Please! Why on earth would you ever suggest that a client has to prove anything in a procuring cause matter. That is simply utter nonsense.
Procuring cause is a Realtor/Realtor thing. The client is not involved.
And if the client formally fires the Agent/Broker for cause and before close I can see no way the original agent can suceed.
But the bad thing here is that we suggest an unhappy client needs to be aware of our esoteric procedures. Ain't the clients problem and you are hereby sentenced to a refresher course in the NAR ruberic for even suggesting such.
Just to step in here (and not step on anyones toes intentionally ) I've seen first hand of a Buyers Agent actually say to the listing agent (sellers agent) They will offer like 250,000 which was the buyers max, without even discussing it with the buyers, and then when they buyers wanted to offer 235,000 the Buyers agent wouldn't let them (illegal). They found a new Realtor and saw the house again, 2 months later, and bought it for 235,000.
After arbitration, the First agent which did not act in their client's best interest, got 50% of the commission, because she initially showed the property.
Technically, she was NOT procuring cause because she broke her Fiduciary Responsibilities and violated all sorts of ethics, but she still won. Which is wrong, but it happens all the time.
~Joey
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The seller agreed to our terms and she was SHOCKED!!! We are so unhappy with her services, but we are in contract negotiations and feel stuck with her. We signed nothing with her stating that she was our sole agent. We want the house, but just don't feel she is giving us good advice. We don't know what is good or bad in negotiations, so we feel she is not helping us to get the best price-she wants us just to get the house, not get it for the best price. Can you fire your agent in the middle of negotiations?
)
), you should have fired your current agent as soon as you saw she wasn't expending much time and energy on your behalf. I'm not sure that's possible at this point; however one thing you can and should do, is talk to your agent's broker. Be nice, but INSIST on getting the representation you're entitled to. The broker can either assist your current agent in doing her job competently or else he can assign another agent in the office to take over her responsibilities. It kind of sounds like maybe your current agent is new and inexperienced and perhaps some hand-holding by her broker is in order.
) I've seen first hand of a Buyers Agent actually say to the listing agent (sellers agent) They will offer like 250,000 which was the buyers max, without even discussing it with the buyers, and then when they buyers wanted to offer 235,000 the Buyers agent wouldn't let them (illegal). They found a new Realtor and saw the house again, 2 months later, and bought it for 235,000. 
