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Why use every weapon in your arsenal? Seems to me that in a profession where reputation is important, you might negotiate a lack of negative reviews for him letting this go...
Negative reviews are about vengeance. Pound of flesh. Satisfaction.
They usually have nothing to do with adult conversation or leverage. Just juvenile booger flicking.
Heck, one or our recent trolls who has routinely demonstrated extreme integrity issues even posted negative reviews for Brandon and me on Yelp, lying about identity, never having done business with us, never having interviewed us for business, just lying.
Got shut down on the first fake identity in WA, so created a second fake Yelp ID in Los Angeles with the same lies.
Negative reviews are all too often merely for childish vengeance.
Last edited by MikeJaquish; 12-11-2017 at 01:55 PM..
This is a "case" of "jumping the gun" without having patience. Have you been served with a lawsuit yet? If not, then you should have had a conference with the agent's "boss", "broker in charge" or however their title is in your state - before you went to an attorney and opened a can of worms.
You've also never said (1) if you actually purchased the house from the listing agent, or someone else who was doing the open house that Sunday. In that scenario, 2 agents get paid. Maybe 3.
Not so, The listing agent would have no reason to expect payment from the buyer.
Not so, The listing agent would have no reason to expect payment from the buyer.
Try to keep up boots. Quite possible the listing agent didn't hold the open house and wasn't there; very possible another agent did. Happens all the time when an agent with several listings holds 2 or more open houses on one day.
IF the OP got into an agreement with the 'helping' agent at the open house, then the listing agent and the helping agent both get paid, and split the 6% by agreement. At least that's how it worked during my 25 yrs. in the biz. And, as I've said before, this buyer is too quick with accusations against the agent he contracted with to be his buyer's agent and is setting himself up for more trouble than he realizes. The attorney is correct; OP hasn't been served with any lawsuit ... why borrow trouble. That's it, I'm done, thanks.
Well, as a matter of practicality, the agent will probably not pursue it. Depending on the price of the house that you purchased, it would probably cost more to wring it out of you than it would be to simply chalk you up as just another flake and move on.
But, if the agent and his broker DOES decide to pursue it, you are probably going to have an uphill battle defending your actions vis a vis the contract. Be prepared to make a settlement.
I would NEVER say the agent/broker will probably not pursue this. Many agents and brokers will. The last house I bought, the agent who is also the broker, went over this part of the contract with us 3 times and said he would pursue legal action if we broke that part of the contract. The contract covered the entire state and not just his region. It covered 1 year from the date of signing. I absolutely believe he would have pursued legal action if I acted like a fool and went behind his back trying to avoid paying him. The contract also called for me to pay the legal fees if I broke the contract and he had to pursue legal action. Legal fees alone could easily be thousands! The commission was by far cheaper to pay.
Often times new buyers come in with these ideas of what they want--which may be really quirky and bad for resale. A good agent can gently guide you towards a home he/she thinks will suit your family well. After all they've seen thousands of homes from list, sale or sale of sale over many years. They see the crazy houses that get relisted every few years. Or the homes with a hidden defect that make it hard to sell.
So true!! When we were in the market 5 years ago, we thought we found THE perfect house. EVERYTHING was great in the photos I send the listing to my realtor to make an appointment to see THAT house. He said no. I was like what? He said absolutely not. You do NOT want that house. It has no yard at all. It's a mountain behind it and will have water issues. He drove us by it and we were stunned to see it in person. All of the exterior photos avoided showing the mountain that literally came within 5 feet of the house. Sure it was a couple acres, but it was 100% unusable. We dodged a bullet because of his knowledge. They've been trying to sell that house off and on for well over 10 years!
I hired a buyer agent and signed a buyer’s contract. However, I didn’t like this agent as he was not behaving like a professional and I asked him to terminate the agreement. However, he declined for the termination. After that, I visited an open house alone and bought a home without the agent.
Now my question is whether my agent can sue me for the commission? and for how much money?
Did you fire him in writing, text or voicemail? And can you print out this if he does sue you? It is your word against his in court....so it sort of depends on your provable defense.
You may also make sure that this "fired" agent has no part of the negotiation of this new property, nor the closing etc.
Did you fire him in writing, text or voicemail? And can you print out this if he does sue you? It is your word against his in court....so it sort of depends on your provable defense.
You may also make sure that this "fired" agent has no part of the negotiation of this new property, nor the closing etc.
The problem is that you can't unilaterally void a contract without an escape clause. Once you agree to a contract you are bound to the terms of the contract.
The time to find out you don't like your realtor is *before* you sign.
We hated ours. Yes, hated her. I called her (well known) for the first time with the house I'd been looking at for 10 months, asking for a showing. She told us she didn't like that house. (So what?) She complained about the house with a frown on her face the entire time. We loved it and said we wanted to put in an offer. She told us that she had better houses. (Mind you, she never even asked us what our needs were, much less what we liked.) I repeated that we liked the house - for A-J reasons - and wanted to put in an offer. She told us she had somewhere else to be and would get back to us later in the day with other houses to view. When I asked her which and she told me, I told her why I didn't want those houses. I repeated AGAIN that we liked THIS house and wanted to put in an offer TODAY. She told me she'd get back to me... I didn't know the market, etc.
We never signed a contract with her. She never even offered... I think she assumed she would get it.
The next morning - hearing nothing from her - we called another agent and said we'd like to put in an offer on a certain house. That agent could.not.believe the previous agent wouldn't put in an offer... and asked if we'd told her that we were using another agent if she wouldn't put it in. I told the new agent that we were past dealing with her... we didn't want her or her cr@p attitude getting ANY commission.
In the end, she ended up paying the old one $100 to smooth over the potential wrinkles in their own professional relationship. The old realtor called me - FURIOUS - and demanded to know what she did wrong. I went very basic and condescending on her, calmly. "My husband and I work in sales. When a customer comes to you and says they want to buy something, YOU LET THEM. You don't tell them that you don't like what they want and they should buy what you like instead. You just.sell.it.to.them. And when they decide to find someone else who WILL sell them what they want, you definitely don't call them and have a tantrum. We wanted to buy a house and you didn't want us to... so we found someone who would. This is all very simple." She hung up on me.
I never even saw the new agent in person until she came, a week after closing, with a housewarming gift. We didn't need much from an agent... but we did need one to actually put in an offer. We were dream buyers. She faxed us the contract, we signed it, and faxed it back. Financing set up. Were familiar with the process. Didn't need her at inspection, walk-through, or closing. Things ticked right along. New Agent got the commission. Old Agent was thrown a $100 bone as a professional courtesy... and I rarely see her name on listings anymore. I do NOT wonder why.
Stop signing contracts willy-nilly, People.
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