What you're bumping up against is something called 'procuring cause', which in laymans terms kinda translates into "he who first showed you the house, gets the commission"... but procuring cause is more than just who showed it first...
it's an unbroken chain of events that eventually leads to the sale of the property. it appears that your "chain" (firing this realtor) is now broken. And while they may be due some portion of the commission... they may not be due all of it, as they will not have:
* written the contract
* negotiated the contract
* accompanied the inspection
* helped negotiate the inspection issues
* followed through 'till closing...
and plenty more... you get the idea. Contact a real estate attorney, and find out exactly what your local rights are. Don't let this agent/agency bully you into paying them 3%, or into skipping on purchasing a home that you like.
Contact her broker in writing and tell the broker what happened and that she is not to represent you.
If she does sue you, have all your facts to present to a judge and I am sure the judge will rule in your favor.
Also, you can put a complaint in with the local Board of REALTORS.
If you are not comfortable, then contact a real estate attorney that understands buyer-broker contracts.
Now did she take reasonable care of the transaction. It doesn't sound as though that was the case when you had to follow up on your own with the listing agent. It also does not sound as though she acted in a timely fashion, nor abide by all the procurring cause standards as ambiguos as they may be sometimes.
It amazes me when agents take a hard stance as this one did, also the broker. I believe she and her broker would have been much better off trying to overcome this obstacle by searching out a better customer service solution i.e. asking if another agent within the brokers group would be acceptable, at least there could be some commssion sharing and the procurring cause issue would have gone away, or some other solution where both parties in the end could feel not so slammed by one another.
I hope you get the home of your choice and am sorry you have been treated so poorly. Not all real estate professionals are like this one. It sounds as though you are putting alot of right efforts into this. It has been my observation most generally in situations of this nature the buyer agent and broker do not take it to a law suit. Too much time and money.
Good Luck with your new home !
I have never been treated so rudely and I would plaster her name all over this website if I didnt think I would be slapped with a law suit for slander. Im sure you are very familiar with her name if you live and work in Tucson. I have already started the process of making complaints and will make it my mission to follow up.
I did not give her an LSR for the original contract, but with the counter offer we had an LSR for the amount we agreed upon with the seller.
I talked with an attorney and I think I have a plan of action:
1. I found another agent who does not require I sign a buyer broker, he said if we are unhappy he will never hold us to a contract and create a bad situation.
2. Go look at more houses
3. If I dont find another house I like as much I will purchase the original house. When I spoke to an attorney he said Arizona courts have upheld the decision that once another agent comes into the picture, tries to show us other houses, and we end up back at the original one......our new agent gets the 3%, not the incompetent one we had in the beginning.
Here is some other ammunition:
1. Did she require you to get a mortgage pre-approval before submitting the offer?
2. Did she properly disclose to you her relationship with you in the transaction?
If she is going to be a stickler, then you can go by the book with her.
A good attorney will probably be able to make them go away very quickly.
Also, in addition to the Board of REALTORS, you can contact (after you talk with the attorney) the state licensing board.
Best of luck and contact me (firstname.lastname@example.org) if I can help you with anything else.
I truly wish you the best of luck, and hope it works out for you in the end!