Craig,

If you have not purchased a propert as yet here in Columbia, SC and have not signed a buyers agreement with an agent, I would be more that happy to assist you in your process of buying a home.

Howard Rose III Army (Ret) Realtor
Coldwell Banker United Realtors

803-800-4448

www.cbunited.com/howardrose

Mon Jun 16 2008, 23:34

Craig -

The short answer is you can fire your agent if you feel you are not being represented properly. It is not particularly hard to do but you will need to speak or at least correspond with your current agents' Broker in Charge (the manager of the office).

If you have not signed anything with your current agent you are not obligated (for the most part)

It sounds like you need to get with an agent who is willing to listen to your concerns in terms of pricing and negotiations. An iinitial offer $3000 lower than list price in this market is not unreasonable.

I sell real estate in Columbia as well as Fort Mill, SC. I have been an agent in Columbia for over 17 years. If I can help you I will be glad to.

Good luck and take care

Randy Lindsay
Coldwell Banker
803.370.9324
buca1122@aol.com
www.randylindsay.com

Wed Jun 4 2008, 15:18

Thanks to all the responses. I would like to see the properties with another agent to see what they thought. This agent is not willing to help much in the price department as far as negotiations go. Lets say a property is selling for $180K for example, they are telling me that the lowest I should offer is around $177K, which I think is high. They are saying that certain offers are an insult and will hurt their image in the community if they put an offer through, and giving me guilt trips about it. To me it seems like they just don't want a pay cut. I understand its a business, and business is all about money, but I am also a 'business' in my own regard as I want to get the best deal possible.

Just want to get this straight.....I am not obligated to go with an agent even if they showed me the property initially if I HAVE NOT signed an exclusivity agreement to them? Thanks again!
~~~~~~~~~~~~~~
If you saw the property with an agent they have a case for procuring cause whether or NOT you have signed an agreement.

Since you say you have NOT signed an agreement, I will guess the agent was a broker's agent or a seller's subagent, NOT a buyer's agent, in which case they are working for the seller and CANNOT give you the advice on price you are looking for.

Fri May 16 2008, 06:39

Craig ~ i am really concerned about the statement "They are saying that certain offers are an insult and will hurt their image in the community if they put an offer through, and giving me guilt trips about it." Would a doctor not operate if it left a scar?

This agent needs a reality check ~ it's about YOU & your needs & requirements, not our own. This selfish behavior should not be tolerated. Go to that agent's broker immediately ~ tell them you want to interview another agent or 2 in their office. If they resist, then the agent is just following suit & you should put in writing why you want to sever the agency agreement. If they comply, you may be able to make a better match with another agent in that office. It will be hard for that broker to defend the position that his or her agents put their own image before your best interest.

I can tell you that i will put in most any reasonable offer ~ my image is unimportant if my clients get the best of their deals! Best wishes in your purchase, Vivian Katz, CIPS

Fri May 16 2008, 05:04

I agree with the advice you've received thus far. Just one point of clarification: You write: "To me it seems like they just don't want a pay cut." Actually, it's in the best interest of an agent to assist with a successful transaction. The "pay cut" on a lower offer is insignificant. Consider: If the commission on a $180,000 transaction is 6% (everything's negotiable and there's no set commission), then the commission is $10,800. Often, that gets split 4 ways--the two agents, and the two real estate companies with whom the agents are affiliated. So your agent might receive $2,700 from the transaction for a full price ($180,000) transaction.

The agent is suggesting you offer a modest cut of $177,000. Let's say that number would be acceptable to the seller. On the other hand, you want to be more aggressive. I'm just making up numbers here, but suppose you went in at $165,000. and got a counter (which you accepted) at $170,000. The difference in the commission--between $170,000 and $177,000--is $420 ($7,000 x 0.06). Split four ways, the difference in the commission to your broker is $105. Honestly, that's not much of a "pay cut."

It sounds as if your agent is really concerned about the other factor you mention: "insulting" the seller and harming their image. Some agents are like that. Others don't mind being more aggressive. It sounds as if you'd be more comfortable with a more aggressive agent.

Good luck.

Fri May 16 2008, 04:42

Thanks to all the responses. I would like to see the properties with another agent to see what they thought. This agent is not willing to help much in the price department as far as negotiations go. Lets say a property is selling for $180K for example, they are telling me that the lowest I should offer is around $177K, which I think is high. They are saying that certain offers are an insult and will hurt their image in the community if they put an offer through, and giving me guilt trips about it. To me it seems like they just don't want a pay cut. I understand its a business, and business is all about money, but I am also a 'business' in my own regard as I want to get the best deal possible.

Just want to get this straight.....I am not obligated to go with an agent even if they showed me the property initially if I HAVE NOT signed an exclusivity agreement to them? Thanks again!

Thu May 15 2008, 21:42

Craig -

I TOTALLY agree with Hunter's second post! I won't add a word!

Good Luck in your real estate pursuits!

Sincerely,

David A. Patterson, Broker CRS
Keller Williams Realty
4400 Saint Andrews Road
Columbia, SC 29212
(803) 429-9010

Visit My Blog - Your Comments are Welcomed
http://www.ThePattersonFiles.info/

www.sellinghomesisourbusiness.com
www.davidpatterson.net
www.CRS.com

"A journey begins with a designation in mind."

Thu May 15 2008, 17:32

David,
I completely agree, but any Broker In Charge that will not void an Exclusive Right to Buy if the customer (now client, due to signing the Exclusive right to buy) is not happy, they are not worth their salt. I know my BIC would gladly cancel ANY Exclusive right to buy contract if I had not lived up to my standards or the client's standards.

N. Hunter Jackson
www.IBlogColumbia.com

Thu May 15 2008, 17:23

Why would you want to see the same properties with another agent?

Thu May 15 2008, 17:16

Craig:

If you visit my blog ( http://activerain.com/blogsview/374121/First-Time-Home-Buyers ), this will give you a detailed explanation of your rights in relationship to South Carolina Real Estate Agency Laws.

Hunter is correct. "There is a contract that you sign with an agent (Exclusive Right To Buy) that gives the agent, more or less, the right to act on your behalf." However, the contract is not with that agent UNLESS that agent is the BROKER-IN-CHARGE!

NO non-Broker-in-Charge agent can enter into an Agency Agreement. ALL AGENCY AGREEMENTS are between the customer/client (YOU) and the REAL ESTATE COMPANY. Why do I say this?

If you are unhappy with this agent AND if you have SIGNED an Exclusive Buyer Agency Agreement, I would call her/his Broker-in-Charge and request a different agent. If you don't think this company can represent your best interest and service you to your liking, then I would consider changing agents/agencies.

If I can ever be a help to you, please don't hesitate to give me a call.

Sincerely,

David A. Patterson, Broker CRS
Keller Williams Realty
4400 Saint Andrews Road
Columbia, SC 29212
(803) 429-9010

Visit My Blog - Your Comments are Welcomed
http://www.ThePattersonFiles.info/

www.sellinghomesisourbusiness.com
www.davidpatterson.net
www.CRS.com

"A journey begins with a designation in mind."

Thu May 15 2008, 17:10

Craig,
There is a contract that you sign with an agent (Exclusive Right To Buy) that gives the agent, more or less, the right to act on your behalf. Also, this contract binds you to the agent for the duration. If you have not signed this, you are free (legally) to go with whoever you want to.

If you have signed an Exclusive Right to Buy contract with that agent, you are bound for that period. However, in my opinion, if you are not happy, tell the agent! If I ever had a client tell me they were unhappy with me, I would be happy to release them if they wanted to go on their own way to another agent. I do not want an unhappy client.

N. Hunter Jackson
www.IBlogColumbia.com

Thu May 15 2008, 16:50