Tiffany Burke, Real Estate Pro in Corpus Christi, TX

YesterdayI had a call concerning one of my office listings. The caller says she had a buyers rep signed with a

Asked by Tiffany Burke, Corpus Christi, TX Mon Apr 28, 2008

Realtor in Dallas but that since entering into the 6 month buyers rep. agreement they have decided to re-locate to Corpus Christi (didn't say the reason) The point is this Realtor refuses to let them out of their buyers rep agreement. Isn't this bordering the line of at least unethical behavior? Maybe even illigal since the no longer are going to buy in Dallas? These buyers are lost calling every off. in town setting appointments, with whoever happens to be on phone duty. As a listing agent I would open the home, etc. with no problem to sell my cients home but this guy sitting up in Dallas is going to make a commissionand barely even lifting a finger. It seems like he would at least be the person contacting the LISTING agents personally. I believe I would be a lot more receptive to the situation if he were the one contacting me and explaining the situation. That would at least take the strain off his buyers.This poor buyer was so so sressed b/c she thinksshe has no choice.

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Have your buyers dig out their copy of the agreement and look at the geographic area clause (para. 3C in the TAR form). It should outline the "market area" for which the agreement is valid. If they have any doubt about whether CC falls into big D's market area, they should consult an attorney.
2 votes Thank Flag Link Mon Apr 28, 2008
Tiffany, if the agent is not able to show them the homes, not able to pull comps for them, then that agent is not fullfilling their part of the buyer representation agreement and they have strong grounds for asking for a termination.

I highly recommend to you that you report this agent to TREC for some type of disciplinary action. These are the type of individuals that give our industry a bad name.
1 vote Thank Flag Link Mon Apr 28, 2008
Hi Tiffany. I understand you are ticked off and if I were in the buyers' shoes I would contact the agent's broker. Most likely, this agent is not even a member of the MLS that covers the Corpus Christi area and as such I would think that he may not even be able to hold up his end of the deal. The Dallas agent should just refer this client to a Corpus Cristi agent instead of trying to hold them hostage. Since I don't know what the TX buyer broker agreement says, I don't know what the obligations of the broker are under the agreement, but I hope that it includes being able to present the client with MLS listings to choose from, to show those properties, attend inspections and so forth. If I were the buyers, I would ask this agent to provide me with a list of MLS listings in the Corpus Christi area, then ask him to show me those properties personally (not the listing agent) because I would want to benefit from his great expertise. All this should be done in writing to document the agent's inability or unwillingness to hold up his end of the agreement. If the agent is willing to drive 6-7 hours each way for each showing, I think he'll earn his commission.
1 vote Thank Flag Link Mon Apr 28, 2008
Ute Ferdig -…, Real Estate Pro in Newcastle, CA
MVP'08
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I don't know the laws in Texas, but in Washington our MLS allows all parties out a contract if they are not happy. (listing or buyers agency agreement). The buyers agreement here only covers the agent if they are the precurring cause of a sale on a home that they took the buyers through. This does not cover homes in which the buyers came across on their own. The buyers agreement does not keep buyers from working with other agents if they choose to do so. I would contact your local mls, as well as your broker for more clarification about your state requirements.
1 vote Thank Flag Link Mon Apr 28, 2008
Best advise-call your state board and get the RIGHT answer for Texas! When this comes up again, you will be able to advise the Buyers and help them find a home!
1 vote Thank Flag Link Mon Apr 28, 2008
The behavior on the Realtor in this situation is what gives Realtors a bad name. Have the buyers check their agreement. In the Buyer's Rep, under paragraph 3, the market area has to be clearly defined. Does it say "all of Texas", or is it more specific. If it says "Dallas county", for example, the buyers do not have to wait 6 months to be out of the agreement-the agreement is void in Corpus.
Web Reference: http://www.MarciaLevine.com
1 vote Thank Flag Link Mon Apr 28, 2008
Call NAR and ask and/or look at the Code of Ethics for Realtors:
http://www.realtor.org/MemPolWeb.nsf/pages/COde

The legal thing and the right are two different things. Unfortunately, it sounds like you might dealing with a real knucklehead; the kind that gives real estate agents a bad name. I'm not an attorney in TX nor licensed but I agree this seems like bad business even though it might still be legal. Does the agency agreement in TX specifiy location? The agent might think they mean DFW (although it doesn't sound like it)

I've had this sort of thing happen before and worse case the buyers typically call the agent's broker and it gets resolved very quickly. Maybe you, or your employing broker could call him and/or his boss and offer a referral fee. I seriously doubt this guy will want to drive to Corpus Christi on behalf of his buyers.

Hopefully this will all end being a big misunderstanding. Go ahead and call this buyer agent, maybe there is some miscommunication going on. Show the house, and DON'T cross ANY agency lines until you do talk to this agent in Dallas.

Good luck,
Susan Walker
1 vote Thank Flag Link Mon Apr 28, 2008
Have the buyers contact the Dallas agents broker to explain the situation. The broker actually holds the agreement. If for some reason the agent is the broker or he/she doesn't release it either, then you may have to place a claiming as the procurring agent, meaning the agent that brouht them the property. OR go the long way, and tell the buyers to call the agent in Dallas, tell him they have a property that they wish to look at this afternoon, and they would like HIM to open it up. I doubt he'll make the trip, but if he's holding them to the agreement he needs too. A few trips down to Corpus should cure him of his desperation to hold onto the agreement.
1 vote Thank Flag Link Mon Apr 28, 2008
Actually the buyer is not his client, client for the broker, I would recommend contacting the broker direct to release the agreement. Most brokers here in Dallas are happy to do so, OR make life easy to a referral for 20% of your earned commission if that is another solution. Good luck
Web Reference: http://www.lynn911.com
1 vote Thank Flag Link Mon Apr 28, 2008
This is happening a lot more lately, even with Realtors that are near by. You may be fortunate that this one is so many miles away.
I am a member or HAR in Houston. In our listing agreements ,I used advise the seller to pay the full commission split to non members of our board - I don't any more - I write in to be determined.
When I say I am paying 3% to a buyers agent in the MLS that means a member of our MLS.
Whenever you, I, or any agent plans to show &/or make offers on properties not in our own MLS , we should contact the sellers broker and see what commission arrangement can be made and have them sign an Brokers agreement.

This get you our of having to pay but not the buyer, If I were the buyer I would like to see them try to collect if I had told them they were not preforming as agreed and I wanted to cancel the agreement.

Well this may not have been done on your listings, I understand. I used to say you want anyone to show your property. Now that I do this they still can , but commission is decided by what they really offer.

Now if I were the buyer, I would call the broker and state the what, when and where of this and ask for a termination of the agreement. If I was not able to reach the broker by phone I would fax this to him/her.If it my request were refused I would write a registered letter and say I was termination the agreement .
Any more problems I would go to the Board .

Now a little more on this -I find that with the gas crunch more and more Realtors are sending their buyers into the field, Having their clients say that their Realtor is unavailable and would we please show a certain home. I know of one Air LIne Pilot that gets a lot of referrals but never shows the property, he just direct his buyers to the sellers agent. Also we are having more and more buyers saying they are not working with anyone when they originally call - but seem to come up with an agent when it comes time to make the offer. If it were just me , I would say I had lost it somewher but more and more of my fellow agents are running into the same.
This is just an agent taking advantage of anohter and if it continues we may have to add a third compensation to our MLS - A shared selling commission when the buyers agent only does paper work.. I understand it happens sometimes, but this is repeated abuse.
0 votes Thank Flag Link Mon May 12, 2008
Ask to see a copy of the agreement. One loophole of the TAR buyers rep is that it specify's which areas they are representing the buyer for. A lot of agents don't fill that part out correctly. In other words, if a buyer signs a buyers rep agreement, usually it's for specific areas (Example Houston, or X neighboorhoods). The only way you are out of luck is if they put "all of texas" or "Texas"
I Know because I used to work in Houston. Good luck.
Web Reference: http://www.NinaMoore.net
0 votes Thank Flag Link Mon Apr 28, 2008
I was a little ticked off for the same reason mentioned here; the fact that so many good Realtors get bad names b/c of the few . This guy is a home builder/agent. They were originally going to build a home. So, I guess I was having a DUH moment Marcia, that was such a good (staring me n the face) answer. Why didn't I thik of that myself? lol. I will call this buyer at least let her know this information. I don't like stiring up problems for other agents I just think he went about it the wrng way. I have sold a home in Houston before, but to my my family member (hard work but it wasn't really for the money) BUT I made sure that I had contacted the listing agent and we were in total agreement, the difference being I went there and did the work.
I love this site, I just came across it by accident recently. I don't even know how long it has been operating but its a great support system for fellow Realtors. Thanks fo the quick responses. Happy home selling.
0 votes Thank Flag Link Mon Apr 28, 2008
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