Comments on: Help me dump my agent

Question: Help me dump my agent

recurve — Wed, 08 Feb 2006 11:47:36 -0800

I have a horrible real estate agent. He's acting as our buying agent and, without going into details, we'd like to sever our relationship with him. Unfortunately, we signed an agreement saying that we'd work with him until May 31st. My question: Is there a form, or legal document, or legally binding language that we can use to cancel our agreement? Or are we stuck?

By: DrJohnEvans

DrJohnEvans — Wed, 08 Feb 2006 11:57:42 -0800

That sounds like a strange agreement to have. Can you provide details? What are your specific obligations to him and his work?

By: raedyn

raedyn — Wed, 08 Feb 2006 12:00:57 -0800

Have you re-read the agreement? It may speak to cancelling the agreement. Have you tried talking to the agent about it? Maybe they'd release you from the agreement if they know your feelings.

By: unSane

unSane — Wed, 08 Feb 2006 12:01:37 -0800

I've dumped agents a couple of times in the past. You just tell them. If they make an issue about the agreement, well, you worry about it then. But most agents know it is in their interest to close the door quietly with clients. One agent got upset with me but tough titty.

What country are you in? It is a good idea to contact your local realtor's association and check out the realtor. In one of my cases I was unhappy with the service from my realtor and rang the association only to discover the realtor was in deep shit and about to have their license taken away. They hadn't told us.

By: raedyn

raedyn — Wed, 08 Feb 2006 12:03:57 -0800

(DrJohn, I think maybe it's a regional thing. Around here it's common to have a contract with a buyers agent when you're home shopping. NOt mandatory, but common.)

By: DrJohnEvans

DrJohnEvans — Wed, 08 Feb 2006 12:09:47 -0800

(Yeah, I'd understand a contract specifying agent exclusivity, commission, etc., but the time-sensitive aspect kind of threw me.)

By: Wallzatcha

Wallzatcha — Wed, 08 Feb 2006 12:15:43 -0800

I'm a Realtor, as mentioned above directly ask him to cancel your contract. If that doesn't work you can contact the managing broker in his office and ask him to help you cancel the contract.
They may not be oblicaged to do it but if the agent is not fufilling his end of the deal, which it sounds like, his managing broker should be pretty helpful in helping you out.

By: ldenneau

ldenneau — Wed, 08 Feb 2006 12:19:41 -0800

Ask your Realtor for a release from this contract. Realtors get lots of business from word of mouth and referrals, so it's definitely not in their best interest to have a current client badmouthing them all over the place.

And what Wallzatcha said.

By: jerseygirl

jerseygirl — Wed, 08 Feb 2006 12:20:41 -0800

My understanding of the contract was similar to what Wallzatcha mentioned, it was voidable if you were unhappy with his services. I was under the impression the idea of the contract was to prevent the buyer from going around with a multiple buyers agents simultaneously.

By: alms

alms — Wed, 08 Feb 2006 12:37:16 -0800

You should also be prepared to state that you aren't going to purchase any of the houses that this agent has already shown you. If you are planning on purchasing one of those, then you owe him some sort of commission.

By: yerfatma

yerfatma — Wed, 08 Feb 2006 12:38:42 -0800

We've only had a couple of agents, but both said something along the lines of what unSane suggested: they don't want to be tied to an unhappy customer either. If the agent is a complete loser, maybe they make an issue of it. But don't start worrying about it until then.

By: lobstah

lobstah — Wed, 08 Feb 2006 13:22:50 -0800

From your profile it looks like you are in NY, you might start with the State of New York ... scroll down on the page for various links and info. If they give you a real hard time, you might threaten to report them. If they are acting illegally, you should report them.

By: konolia

konolia — Wed, 08 Feb 2006 13:34:18 -0800

I second the suggestion of talking to the broker in charge. He or she can be very helpful in these situations. (My husband is a sales manager at a real estate firm and I used to work for a Broker in Charge. Believe me, that is part of their job.)

By: recurve

recurve — Wed, 08 Feb 2006 13:55:25 -0800

I'm a Realtor, as mentioned above directly ask him to cancel your contract. If that doesn't work you can contact the managing broker in his office and ask him to help you cancel the contract.posted by Wallzatcha

I haven't asked him to cancel the contract yet. He told us that he would cancel it if we weren't happy, but how is that done so that it is legally binding? Is there another form that we should all sign?

Thanks for all of the responses so far.

By: Gator

Gator — Wed, 08 Feb 2006 14:16:54 -0800

In my state (Florida), there's a Change of Terms form that the parties must all sign (agent, broker, and clients) if you want to be released from such a contract or, well, change the terms in any way (commission, effective dates, etc.).

By: WestCoaster

WestCoaster — Wed, 08 Feb 2006 20:36:49 -0800

A contract with a selling agent (not the case here) is more tricky to cancel, because it's difficult to know when a potential buyer (or buyer's agent) first saw a house. But with a buyer's agent (this case), if you buy a house that the agent hasn't shown to you, the buyer really can't make a case (legal or otherwise) that you owe a fee. (Which isn't to argue that a written document cancelling the contract isn't a good thing; it clearly is.)

For what it's worth, these days, realtors have unique "electronic keys" that let them open a locked container with housekey in it, to do a visit even if no one is home. That opening is recorded. And, of course, appointments are typically arranged through a selling agent, who keeps records. So it's pretty cut-and-dried as to whether a buying agent was involved in showing you a given house (that you purchased) or not.

By: MrZero

MrZero — Wed, 08 Feb 2006 20:44:07 -0800

If you've already retained a lawyer in regards to the home purchase, the lawyer should be able to draw up a short document for you both to sign that will allow you to walk away from the contract with no worries.

If you haven't retained a lawyer yet, DO SO NOW. Have them draft a "no-contract contract" that says you are mutually severing the agreement. Then, before you sign another agreement with another broker, have your lawyer look at it.

By: tfmm

tfmm — Thu, 09 Feb 2006 14:44:37 -0800

If you have a new broker, I would think it would be their initiative to get things straightened out.