Home Buying in 75034>Question Details

Sam, Home Buyer in Richardson, TX

Hi, In my first meeting with an agent she made me sign a contract to use her service expiring in august. My concern with this agent is that she is not

Asked by Sam, Richardson, TX Fri Apr 15, 2011

available most of time when I need her .My question is can I switch to another agent or am I bound to use her service according to the contract?Is there anyway out.I want to use another more experienced/available agent.Thanks

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I seldom if ever require clients to sign Buyers Representation agreements until we are ready to put an offer in on a property. I like to build trust in people and have people build trust in me. I will admit that this has come back to bite me before, but I don't like to change the way I do business because of a few bad apples.

I don't know about your current agent, but I certainly don't want to hold a client hostage. Technically, he/she is violating your contract already by not being available to you since they are contractually bound to represent your best interests. Obviously, avoiding you is not in your best interest.

As was said here before, ask your agent to release you. If they refuse, go to their broker. If they refuse, you can always throw the "Breech of Contract" word out there... that usually gets people to listen.

I hope this is helpful and really hope that you don't think this one agent is a representative for all of us! There are some great agents out there. Just like my philosophy with my clients: Don't let one bad apple ruin your opinion of the rest of the bunch.

Best of luck!

Brian Rayl, REALTOR®, e-PRO, SFR
Keller Williams Elite Park Cities
972-949-4222
Brian@Rayl-Estate.com
http://brianrayl.com
Web Reference: http://brianrayl.com
2 votes Thank Flag Link Sun Apr 17, 2011
Speak to her. Ask her to release you from the buyer's agreement. She may.

If she won't, call and speak to her broker (her "boss"). Tell him/her you want to be released from the agreement. It's likely he/she will agree, but will urge you to use another agent in the office. Be open to that possibility. But this time, interview them carefully and only then make a decision.

Hope that helps.
2 votes Thank Flag Link Fri Apr 15, 2011
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Syeda,

The number should have been filled in at the time the contract was signed. If there is no number on your signed copy, then she cannot just "put in any number."

As far as the protection period, it depends on the way that the contract was worded. It should also have a specific number of days for that protection period to elapse. If there is not a number written in that area or if it is not in the contract, then there is no protection period.

Best of luck to you!

It's more than real estate. It's RAYL-Estate!

Brian Rayl, REALTOR®, e-PRO, SFR
Keller Williams Elite Park Cities
972-949-4222
Brian@Rayl-Estate.com
http://BrianRayl.com
Web Reference: http://brianrayl.com
1 vote Thank Flag Link Sat Apr 23, 2011
This is a great question because you should find an agent you feel comfortable with, that you can depend on to answer the phone and your questions, and one that has experience to help you find your perfect new home. Good agents will recognize when they are not a good fit with what your expectations are.

Some clients want more attention than others. And, frankly, some clients are quite demanding. In either case, the expectations need to be spelled out and agreed upon by both yourself the buyer and the agent. And if she is not meeting her part of the agreement, then you should discuss hiring a new agent.

In most states, you should contact the Broker In Charge (her boss). Let the boss know of your dissatisfaction. They may have another agent who can help you. In the worst case, you can send a written letter of cancellation-- read your contract to determine how this should be done-- but can usually be done via mail or email or fax. Then you can hire a new agent.

The new agent may even have a standardized form you can fill out which can be emailed to the original agent. Then once you sign a new contract with the new agent, the old contract is voided.

REMEMBER however, that if you chose a home which the original agent showed you, then that original agent would be due a commission. This is likely explained in the contract. This is why you need to read your contract.

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1 vote Thank Flag Link Fri Apr 15, 2011
Syeda,

I so sorry that your home buying process is not going so well. It's hard enough trying to find the perfect place to buy, but working with someone that is NOT on your side 24/7 does not help either!

Every state is different in the rules & laws on how to go about getting a new agent. But just like everything else the client should ALWAYS be happy! If you are truly unhappy you should ask the agent to let you go from your agreement because the relationship is not working out. You then should find a Realtor that will work with you & is not to busy for your time lines. In my area we will do a one-day agreement or a weekend agreement and see if the relationship will work for both parties.

I hope this has helped! Best of luck to you on your search for a home.

Jessica Brown ABR, e-Pro, Realtor

Long & Foster - Thurman & Associates
Top Team / Herndon/Reston L&F
Top 5% Nationwide

(703) 309-0441 - cell
(703) 948-6177 - fax
jessdbrown@aol.com - e-mail
1 vote Thank Flag Link Fri Apr 15, 2011
I believe that every customer has the right to interview agents and see if they are compatable. I give all my customers the first consultation and showing without a Buyer Agency Agreement. After that, I am comfortable I have developed the trust and confidence with the customer and then ask them to sign the agreement.

Keep in mind, different states have different agency laws, so DO check out the state you are workig in.

Next step is to contact the broker of the agent & ask to have your agency agreement cancelled. You may; however, be obligated to pay a commission for any property he/she has shown you if you decide to purchase one of them at a later date. You deserve to have a "happy experience' in your home search.
1 vote Thank Flag Link Fri Apr 15, 2011
I am so sorry for your experience. If you are not happy with your choice, Sam, you have the option of relieving your agent from her duties. Ask her to write you a letter releasing you from your buyers agreement. GET It in WRITING. She cannot force you to keep her as your agent.

Don't allow one unfortunate incident to change your buying focus.

All the best,

Kathy Hines/ Broker
Keller Williams Dallas Preston
972-632-6530
0 votes Thank Flag Link Wed Dec 26, 2012
Sam,

Great question! Unfortunately, this is a pretty common one. If this had happened to me I would:

1. Speak with her about it and explain the reasons why you would like to be released from the contract.
2. Follow up this conversation with an email requesting the same and ask her to respond to it with her acceptance of terminating the relationship.

If this doesn’t work, call the broker of record for the office where she holds her license and request the same from the broker....and then send an email confirming this to the broker.

Most agents and brokers don’t want to hold clients hostage. If you’re unhappy you tend to also make them unhappy....so you should be able to get this done pretty easily.

A great resource to find trained/experienced/full time agents in your market is to look at http://www.crs.com and click on the "Find a CRS" tab in the center of the screen. You will be able to enter the city or zip code of where you are looking at real estate and find a fantastic option for you to interview to be your new real estate professional. To earn this designation, an agent must sell a minimum of 25 homes and take a ton of classes.
(50% of the agents in many local associations do not 1 home a year and the bottom 80% generally sells less than 4 a year).
While there are plenty of great agents out there that do not hold a CRS designation, it is a great way for a consumer at a glance to have some degree of confidence that their new representative has the skills you’re looking for to help you with your next real estate transaction.

If you liked my answer, please give me the "Thumbs Up" and reward me by designating me as the "Best Answer"!
Thanks!

Respectfully,

Chris Schilling, ABR, GRI, CRS, GREEN
Real Estate Broker
Turbo Realty
Web Reference: http://www.crs.com
0 votes Thank Flag Link Fri Feb 3, 2012
First, no one "made you sign" anything. What the agent did do is agree to represent you; if you were not comfortable using this agent it would have been better to say so and not sign a Buyer's Representation Agreement. Just keep in mind that until you enter into a Buyer's Representation Agreement with an agent that agent actually represents the seller, as no formal arrangement has been made between you and the agent.


Jack Gillis, M.B.A., J.D., LL.M.
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Offices In 50 Countries
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JackGillisRealty.com
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2105 Waterview Parkway, Ste. 100
Richardson, TX 75080
Cell: 214.718.4910
Fax: 469.854.0673
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0 votes Thank Flag Link Fri Feb 3, 2012
And yes thank you all for ur time to respond to my queries.
0 votes Thank Flag Link Tue Apr 19, 2011
Do they charge any fees upon termination.I saw the termination form and there is a part in which they have to write termination charges.Can she write any number.Let me mention here she just have taken me two times to show homes.Approx 2-2.5 hrs of her time.Also under the protection period can I buy a home in the same community (which was under construction) then?
0 votes Thank Flag Link Tue Apr 19, 2011
Request a Termination. If the refuse contact their broker. If they are a broker or they refuse to give you their contact information. File a complaint with the Texas Real Estate commission.
http://www.trec.state.tx.us/complaintsconsumer/default.asp
Web Reference: http://www.DaveRealty.com
0 votes Thank Flag Link Tue Apr 19, 2011
If the agent will not release you by mutual agreement, set up a meeting with the agent's broker and get them involved.......how did she make you sign a contract.....that should have sent up a red flag. Don't sign anything unless you understand what you are signing, especially in real estate!
0 votes Thank Flag Link Fri Apr 15, 2011
Well a signed agreement can be broken but with mutual agreement. Usually if a buyer or seller is really unsatisfied with an agent and the agent can offer no real remedy, they will terminate the agreement (if the broker they work under agrees). Try talking to the realtor or the realtor's manager. Perhaps there is someone at that firm they can recommend for you to work with.
0 votes Thank Flag Link Fri Apr 15, 2011
I do not make clients sign though I know some agents do. If you do not like her ask her to release you from the contract. If she will not and you really feel she is not doing her job, call her manager and tell them you want to cancel. That should work!! If at that point it does not than just tell your friends and family not to use her. I know that sounds cruel but there are agents that give other agents a bad name. Also, in the future read what you sign. If you do not like what it says go on to another agent.
0 votes Thank Flag Link Fri Apr 15, 2011
Some agents use this to be sure they are the only agent you are using so they have a better chance of being paid. It seems that she did not do a good job in explaining why she chose to go that route. You can ask her to release you from that anytime.
0 votes Thank Flag Link Fri Apr 15, 2011
Ask her to release you from the Buyer Representation Agreement. Did she charge you a retainer fee? A buyer should never sign a Buyer Representation Agreement if not confortable with the agent. Think of us Realtors as Doctors, you would never want a foot doctor to look at a heart condition, so take your time and match yourself with a Realtor you feel confortable with.
0 votes Thank Flag Link Fri Apr 15, 2011
She made you sign? How did she do that exactly?

Start by reading what you claim you were made to sign, then determine what options you have.
Web Reference: http://www.golftobeach.com
0 votes Thank Flag Link Fri Apr 15, 2011
Just ask her to release you from the contract.

If you need assistance we would be glad to help you.

Click below to see some of the current homes on the market in Frisco.

Bruce Lynn
Keller Williams Realty
0 votes Thank Flag Link Fri Apr 15, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
I tke it your contract was for agent to be: Your exclusive Agent to represent Buyer, that is sometimes used in California. There is a checklist concerning the type of property you might be looking for, lenght of time, and so on. If you are not satisfied with your Agent and have conveyed this to said agent, you might want to contact Agent's primary Broker and explain your dissatisfaction to Broker and ask to be released from from your contract with their Company. Good luck! Don/Mr. E. Humboldt County, California licensed for over 23 years, all with the same Company done@mingtree.com
0 votes Thank Flag Link Fri Apr 15, 2011
Go to the agents manager and ask for a release of the contract.

Susan Penn, PA, SFR
EWM Realtor
2000 Main Street
Weston, Fl 33326
0 votes Thank Flag Link Fri Apr 15, 2011
Do have a discussion with your agent, if the chat proves unsatisfactory, do contact the broker owner and or office manager of the realty company and express your concerns; you can ask to be released, or, ask to be assigned another agent from within for the duration of the contract--oftentimes, it's the broker owner and or office that decide any release of contract.
0 votes Thank Flag Link Fri Apr 15, 2011
Are you a buyer or seller?
0 votes Thank Flag Link Fri Apr 15, 2011
Hi Syeda,

If you signed a Buyer Representation Agreement, that agreement is with the broker, not the agent. You can ask the broker to assign you another agent from within that brokerage. The representation agreement is a binding contract. The broker can choose to release you from that contract, but would most likely try to place you with another agent. Talk to the broker.

A representation agreement is a good thing for both you and the broker/agent. An agent cannot provide you with the same loyalty and level of service without the agreement. The broker and agent know that by you entering into a written agreement with them, you are committed to using their services to find you new home. Agents don't get paid unless they close a transaction for you and the representation agreement is your commitment to make sure they get paid for their services.

Of course, you should have a good relationship with your agent before you enter into a representation agreement. A buyer should interview several agents and chose who you feel can provide the time and expertise for you. Good luck!

Patrick Jackson
REALTOR, ABR, E-PRO, GRI
0 votes Thank Flag Link Fri Apr 15, 2011
If you have communicated your dissatisfaction to the agent and not getting the results you expect I would as a recourse, as others have mentioned, contact the managing broker directly and express your concerns. The managing broker, I trust, will either dissolve the contractual term or introduce you to another agent that would be able to meet your needs, specifically, more experienced and available. Most reputable brokerage firms will put the customer first and try to resolve service issues.....I hope that is the case with you.
0 votes Thank Flag Link Fri Apr 15, 2011
Hello Seyda,

This is typical of most agents - they will request you sign the agreement to protect themselves from buyers who use an agents time to see homes and then use a friend or relative to represent them purchasing the home the original agent showed the client.

However, the agreement specifically states that the Broker's obligation is to "use Broker's best efforts to assist client in acquiring property in the market area". If you feel that the agent is not doing that you should send them a notice that they were not available multiple times when you wanted to see homes, therefore they are in default of the agreement that both of you signed.

I hope this helps.

James Williams
RE/MAX DFW Associates Frisco
214-529-3339
jamesw@rmdfw.com
0 votes Thank Flag Link Fri Apr 15, 2011
Syeda, - The agreement you signed is with the Broker of that agent (unless she is the Broker) - You have options, but just talk to her you may be surprised that she is okay with release you of the agreement. Sometime people just dont jive and its best to just move on.

If she is not willing to release the agreement your first option is to contact the broker of her office and ask to be re-assigned. Secondly if thats' not an option be honest with her - she invested time and efforts in your help and should be compensated, offer her a settlement for her time or have a chance to improve if shes doesnt...your last option is to seek an attorney to request a termination of the Exclusive Buyer Representation.

Sorry you are having such a hard time with the home purchase! I have seen your comments on here for a few months.

JP Piccinini
dfwtxrealestate@gmail.com
EXIT Advantage Realty
BROKER - REALTOR - Accredited Luxury Home Specialist
972-836-9295
0 votes Thank Flag Link Fri Apr 15, 2011
Happy to assist you. Your current agent my not be a "full time practicing Realtor" vs. the services we provide don't work professionally for a corporation.

I would need to review the buyer's rep agreement then move forward with release of the contract .

Contact my office

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Fri Apr 15, 2011
I would contact that realtor again and don't be afraid to ask her questions and express your concerns about her range of services. If your request for information from her is going to be a problem for you, then I would suggest what they others have stated earlier. I would asked to be released from my contract and if she refuses, then talk with her broker about the situation. The broker may have had similiar complaints about her in the past and may be more willing to release you herself. Remember the broker owns the listing and not the agent. Good luck and also be sure that you are realisitc as to what your expectations are from an agent.
0 votes Thank Flag Link Fri Apr 15, 2011
Ideally, you would not have signed the agreement unless you wanted to use that agent. There is always a way out of a contract, but you'll want to contact the agent (or their broker) and discuss it with them. You'll want to do that before they do ANYTHING or else they may ask you to reimburse them for any marketing expenses.

The longer you wait, the harder it may be to get out of the contract without paying fees.

You certainly want to go with an agent that you feel comfortable with and that you feel will do the best job. Perhaps if you share that concern with the current agent, she may be able to put your concerns to rest OR you can end the contract and move forward.

Overall, you'll need to contact the agent or broker to discuss. No other agent will approach you or discuss the options with you until the contract is ended. Good luck!

If you do end up ending the contract and need a good referral in our wonderful city, let me know and I'd be happy to suggest a few for you.
Web Reference: http://www.TexasLoanGuy.com
0 votes Thank Flag Link Fri Apr 15, 2011
You can ask her to terminate the agreement or go to her Broker and indicate that you want out.
0 votes Thank Flag Link Fri Apr 15, 2011
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