Robbie D, Home Buyer in Fort Washington, MD

Can I fire my realtor?

Asked by Robbie D, Fort Washington, MD Sun Jul 10, 2011

I had already found the home I wanted to purchase (my sister's house), and secured a mortgagge loan for their asking price, but I hired a realtor to prepare the paperwork. He did that, but has been useless beyond that. He is always terribly late or simply postpones, he doesn't seem to remember details of past discussions, and showed up to have the sellers sign smelling and behaving as if he had been smoking marajauna. Just yesterday he was scheduled to meet with the appraiser at the house and arrived after she had already left. I am sick of him, and am feeling even more sick about paying him 3% of my hard earned money to do NOTHING!! I live in PG county MD, and signed an Exclusive Buyers/Tenant Agency Agreement. Am I bound by this agreemen since he had nothing to do with me finding the home or securing my loan? If I dissolve our relationship and find someone new can I proceed the purchase of this same home?

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Answers

9
Robbie,

You should contact your agent's broker or manager to discuss the issues you have been having with him. If you are displeased with his services, the broker will probably assign a new agent to take over. Exclusive buyer agency agreements should have an expiration date along with a cancellation clause. Please review these sections of the contract as there may be an out you are overlooking. However, it is unlikely the broker is going to let you out of your contract at this point in time since the transaction is already in progress.

Best of luck to you!
2 votes Thank Flag Link Sun Jul 10, 2011
Thanks for all the informative responses. I will contact the broker to discuss my dissatisfaction and I hope they will make an effort to ensure the remainder of this process is handled in an efficient and professional manner. This is my first purchase, so I'm learning as I go. Thanks again for taking the time to provide helpful information.
1 vote Thank Flag Link Sun Jul 10, 2011
Robbie;
Not to sound like a broken record, but do speak with the Broker himself. He or she can assign another Agent to finish the transaction.
If he is representing you the Buyer, the 3% is paid by the Seller, not by you. Showing up to meet the appraiser is the Listing Agents job, they are there to justify the purchase price of the home, unless this is a for sale by owner, than that could be a different story in itself.

Speak with the Broker....A Realtor lives and operates by a Code of Ethics and anything less than that is unacceptable! Even if you go with another Brokerage Firm, the fact that the Agent is the procuring cause in this transaction may be difficult to sweep under the rug. Speak with the Broker, by assigning another Agent that meets your satisfaction will be a win-win for all parties involve.
Please let me know how things turn out and if I can be of any further assistance to you.

Ania
aniamiller@kw.com
Web Reference: http://www.aniamiller.com
1 vote Thank Flag Link Sun Jul 10, 2011
Hope you have taken the time to speak to your Agent's Broker/Manager... that is the critical first step in getting to resolution! That conversation will most likely lead to your satisfaction with the results, as a good Broker will take steps to make it right!

Best of luck...
1 vote Thank Flag Link Sun Jul 10, 2011
Robbie, you can't unilaterally "dissolve" your relationship. If your agency won't leave voluntarily, which they won't, you might consult with an attorney to see if they can help you find an out.

Here's the thing - at the most basic level, a real estate broker gets paid simply for brokering real estate. So no matter how lousy the personal service is, no matter how much of the work you do yourself - if they write up the deal and the deal closes, they are entitled to a commission.

It is extremely difficult to get another broker to step into the middle of a mess, even if you're willing to pay them out of pocket.

Frankly, I don't blame you for feeling sick about this, and a Maryland broker can speak to this better than I can, but it seems to me that this agent may have been out of line by representing you what was really a non-adversarial transaction with your sister. We can broker property without representing one party over the other, and this would seem like a perfect example of that situation.

All the best,
1 vote Thank Flag Link Sun Jul 10, 2011
As the others have said you should speak to the agents broker and or office manager expressing your concerns about behavior, your agreement is with the broker and the agent is doing work on their behalf. As far as excluding the brokerage from the owed commission at this point it is highly unlikely and you should consult a real estate attorney concerning the contracts and agreements as to how the law would view it.
1 vote Thank Flag Link Sun Jul 10, 2011
Hello Robbie,
I'm sorry to hear that your agent is not performing his responsibilities in a professional manner.
I suggest that you speak with his Broker (his boss or office leader) regarding your concerns. The Broker may be able to have another agent in his office assist you.

This type of behavior should definitely be reported to his Broker as it is unacceptable.
Good luck!

Laura Feghali
Prudential Connecticut Realty
1 vote Thank Flag Link Sun Jul 10, 2011
Why'd you hire the agent? Why are you paying 3% for buyer representation? Don't they have co-op fee splits in your area? Why'd you sign an agreement if didn't read it and/or thoroughly understand it? What does the cancellation clause provide? A buyer rep agreement is legal AND you are in an accepted offer and wrote:

"If I dissolve the relationship and find someone new can I proceed the purchase on this same home?"

If anyone answers that . . . WOW . . . talk about interfering with a business relationship AND interfering in a sales transaction. I'm not licensed in Maryland and I'm not giving legal advice but I do suggest that since you are in an accepted offer to purchase, and have a buyer rep agreement in place . . . the only advice is (and it's basic common sense): talk to the managing broker. Period, end of story.
0 votes Thank Flag Link Sat Jun 23, 2012
Robbie, thanks for keeping us posted!
0 votes Thank Flag Link Mon Jul 11, 2011
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