How do I terminate a buyer & brokerage agreement (new agent, commission, inspection) - Real Estate -Brokers, appraisals, development, lease, investing, relocation, apartments, houses, condos, values, mortgages, loans... - City-Data Forum

pebbles829 · 12-11-2008, 08:48 PM

Hi Everyone

I live in Georgia & this my situtation I have signed a Buyer & Brokerage Agreement with an agent signed by my MOM & I which has expired about two days ago. The house that my mom was in a contract with the loan did not go through we found this out yesterday so we left it alone.

About 2 week ago before the buyer & brokerage agreement expired I made an offer with my DAD & it was accepted, we signed the contract for the house THERE WAS NO BUYER & BROKERAGE AGREEMENT SIGNED by my DAD. I had signed one with my mom which is already expired now so I was still in contract with the agent. We added my dad to the offer just in case if I was not able to get a loan because my credit score is low.

I saw a house that my dad would like with the same agent he made an offer but it was not accepted again THERE WAS NO BUYER & BROKERAGE AGREEMENT SIGNED by my DAD. My dad does not want to work with agent he doesn't like the way she works which I agree with him. She has all patient in the world to show us houses but we noticed that she is not responsible, very forgetfull & never on time. We alway have to call her instead of her calling us.

So does this mean that my DAD is in contract with this agent?

Is he obligated to work with her?

Does he need to write some kind of a letter to tell her that he no longer needs of her service if so what should he put in the letter?
(we are not sure how to word it)

Please advise

Thank you for your help

2bindenver · 12-12-2008, 09:47 AM

you and mom are under an agreement. Dad is not. You and Dad went to see and made an offer on a house, while you were still under agreement.

What are you thinking? This person doesn't deserve a paycheck if you buy the house? That you no longer need the service of this person going forward - inspection, financing & closing?

pebbles829 · 12-12-2008, 11:03 AM

Quote:

Originally Posted by 2bindenver

you and mom are under an agreement. Dad is not. You and Dad went to see and made an offer on a house, while you were still under agreement.

What are you thinking? This person doesn't deserve a paycheck if you buy the house? That you no longer need the service of this person going forward - inspection, financing & closing?

I know the agent is entitle to her commission because once we do the closing.
My question is: Is my dad under an buyer brokerage agreement (he didn't sign any agreement just an offer) since my dad & I made an offer? Could he buy another house with a different agent?

Austin-Willy · 12-12-2008, 02:01 PM

It depends on exactly who is buying the house, and your message is hard to understand. Please try to be very clear and tell us who is listed as the "buyer" under the offer. If you are listed as one of the buyers, you will probably owe a commission if it closes, because you were under contract with the agent at the time the offer was made. If your dad is the only person listed as the buyer, he doesn't owe a commission because he wasn't under contract with the agent.

But you should understand this: your buyer / broker agreement is not with the agent, but with the agent's broker (unless the agent happens to also be a broker). So even if you are stuck owing a commission, you can ask the broker to assign another agent.

Brandon Hoffman · 12-12-2008, 03:43 PM

Rather than pick through and interpret meaning my suggestion is be honest with the agent about not wanting to work with her anymore. Hopefully she'll either fight to keep your business and try to improve in the areas you're concerned about or she'll release you. Get it in writing either way.

2bindenver · 12-13-2008, 08:57 AM

Why is this important? Is your dad going to help you buy a house, and then buy another?

Silverfall · 12-13-2008, 10:02 AM

I think you need to get a different agent. The fact that you think your dad might be under contract when he didn't sign one, is concerning to me. Call the agent's (that you don't like) principal broker and see if you can get a new agent assigned to you.

I have concerns for you entering into a real estate transaction when you don't seem to have a command of contract basics. Otherwise I agree with Austin-Willy.