Certified EcoBroker | Principal Broker | Managing Broker
EcoPro Realty Group
In theory, you could hire another agent to represent you (at your own expense), they probably wouldn't want to get involved.
As an insider, my advice is to call your agent, tell her that you are going to ask her managing broker to see the transaction through to closing, then call her managing broker and simply - without frustration and complaint, because you want this person to want to help you - explain to them that your agent has not been responsive, that the closing date has had to be repeatedly extended, and that you need someone to apply themselves to the task of getting this sale closed on time, or explaining carefully when it actually can close.
(If you call up and rant and rail, nobody's going to help you!)
I do wish you the best,
1.) $5000 instead of $7000
2.) "not getting back...in a timely manner"
3.) "Lender.....won't respond to e-mails".
4.) "Closing put off...."
I think the jury is ready to convict, but,
you know how jury's are, they want to help the other side.
1.) The space in the Contract needs a number, she put $5000. We always estimate that it will be 3% but there can be unexpected things; I would bet that yours is more than 3%.
2.) Timely manner; are we talking hours or days? Are you her only Client? Is she busy? Didn't you want a Realtor who is successful and busy?
3.) Lender complaining about communications: That is new and refreshing! particularly about e-mails, which most lenders will not even use.
4.) Closing put off; how is this the Agents fault? Only the Buyer and Seller can delay the Closing.
The bottom line is that your only objective is to Sell your house; so put everything else aside: Please remember that Selling your house is one of the three most stressful things that can happen to you, and we don't want to talk about the other two.
Good luck and May God bless
Okay, so you have come this far. It sounds as though you are down to the wire in terms of getting your transaction closed. However, you do not have to stick with an agent with whom you are either uncomfortable or simply do not like. Because you are so close to closing I would recommend having an immediate conversation with your agent's principal broker. If you signed an Exclusive Buyer's Agreement with your agent she is likely going to try to get you to honor her commission should you move on to another agent this late in the game. HOWEVER! The commission actually belongs to her brokerage, not her. This means you can request of the principal broker someone else within that agency (including the principal broker herself or himself) to complete the job.
Additionally, it sounds as though you may have a valid complaint with The Real Estate Agency. If you do, your current agent is likely to be willing to have you switch agents rather than file a complaint against her. And, finally in regard to signing an Exclusive Buyer's Agreement, you have every right to "fire" your agent at any time with due cause without owing the agent a commission.
In regard to your closing costs: In fairness to your agent, she probably did not know at the time of writing the offer how much your closing and pre-paid expenses would be although a quick call to your lender may have given her a better idea. Also, lending rules have changed significantly during the past few years (and continue to change on an almost-daily basis) and some lending programs limit how much the seller can contribute toward a purchaser's closing and pre-paid expenses. If your agent thought you were going with one type of lending program when she wrote the offer and then you decided to go with another lending program after the offer was accepted, this could explain why she only asked for $5000.
I wish I had a dollar for every instance when someone seems surprised that I answer my phone! Again, communication is key in real estate transactions.
I hope this helps and I sincerely wish you the best in getting this closed successfully!
Patrick R. Smith, MBA, EcoCertified Broker
Oregon Realty Company
4001 NE Halsey Street, Suite 100
Portland, OR 97232
Licensed in the State of Oregon
Expectations. How easy it is to have different ones. Both you and the agent have them, and it looks like they haven't matched very well.
Without defending your agent's service, what frequently happens is that buyers (or sellers) come to the table with expectations based on what they have "heard" about how real estate transactions/negotiations happen. Then they bump into reality. I always see part of my job as educating my client. Because I've been through it many, many times I have some expectations about what's "normal" but it almost never meets my expectations exactly. It's my obligation to explain to clients what is "normal", even though any one transaction will deviate from that, sometimes at many points.
Example: I have a current buyer who did not want to get preapproved (not "prequalified" - different process, but that's for another post) for financing until they had an escrow opened. While that's technically possible, these days sellers want assurance that if they accept an offer the transaction will actually close, and part of that is knowing that the buyer has their purchase finances in order. My client thought it was a waste of time to go through the loan application before they knew they had a deal. Different expectations.
So a large part of my job is education and managing expectations. Of course I have high expectations for my own customer service, too. Part of the reason I became a Realtor eight years ago was that I knew I could provide better customer service than five of the six Realtors I'd worked with in my earlier personal real estate transactions.
I do agree with previous writers that you need to have a face-to-face with the Principal Broker, though this may need a little explanation I haven't seen. All transactions are legally the responsibility of \the Principal Broker, who holds the individual Broker's license. It's not a typical employer-employee relationship, but the buck stops with the Principal Broker, and you should talk with that person. One last note, in any office there may be several agents who have Principal Broker's licenses, but are not functioning as THE Principal Broker for the office. It's a category of license that gives that ability. Every real estate office has a managing Principal Broker but every Principle Broker does not manage an office.
Regarding the communication, as others have suggested call the office owner. If the agent IS the principal broker/owner---call the board of Realtors and file a complaint. Lets dig deeper---are you sure your LENDER isnt the culprit here? Maybe they are the cause of the delay/s and are blaming the agents communication? Not trying to exonerate the real estate agent ---I have seen this happen over the years.
Who found the house? Did your agent? If so, she is due a commission. About her performance being worthy of pay, that could be up to a judge. As I said, this could be a lot more complicated than your question as stated and cant be answered without elaboration.
Try to engage your agent's principal broker to see about getting better service.
now... I presume when you say... "she only put a credit of $5,000... and it should be $7,000"... that you READ the document before you SIGNED it. Did you not notice that it said $5,000??