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pattym, Home Buyer in Massachusetts

How do I terminate a buyers agent agreement legally? I do not see an expiration date on the agreement.

Asked by pattym, Massachusetts Fri May 10, 2013

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6
I'm going to preface my answer by saying I'm not a lawyer. I know a lot about a lot, but I'm not qualified to give you legal advice. So if you're uncertain about how to proceed after reading my answer or other answers, please consult an attorney.

I'm not certain a contract with no performance or expiration date would be enforceable in the Commonwealth of Massachusetts. I think a defined date or period of time is one of the essential elements of a contract. So if there is no expiration date, you might not have a legitimate contract in place. Check with a lawyer about that.

That issue aside, I would think any change to a bilateral or two-party contract would have to be mutually agreed to. When signing an agreement, I, personally, tell my buyers and sellers that if they ever become unhappy with me, I ask for the courtesy to be given some time to make things right and if they wish to terminate our relationship after that, they can unilaterally terminate our agreement. Hasn't happened yet, thank God.

Very few agents would be interested in continuing to work for a dissatisfied client. If you have some legitimate reason why you want to terminate an agreement, most agents would comply.

Best of luck.

Bill Kuhlman, CRS
2012 President of the Mass. Chapter of CRS
2010 CRS of the Year, Mass. Chapter
2007--2010 President of the Mass. Association of Buyer Agents
1 vote Thank Flag Link Fri May 10, 2013
Of course, the question not being asked is why you wish to terminate your buyers' agent agreement. If your agent is not doing the job for which you'd hired him/her ... that would be grounds for termination. A fairly clean way to terminate your buyer's agent is to clearly document your dissatisfaction and reason for termination, as well as terminating in writing.

I'm not saying that this is required. I'm not a lawyer, nor judge, nor member of the Real Estate Board, however, I *am* just suggesting that it would be cleaner and more fair. You may find the dissatisfaction to be mutual.
0 votes Thank Flag Link Sun May 12, 2013
First of all I would like to say that I am not and Attorney.
Secondly there may not be an experation date on your agreement. How ever there may be a certian number of days that you have agreed to work exclusivley with that agenacy for. Most good Exclusive Buyer agents like my self have a clause in my agreement that allows either the Buyer or the Buyers Broke to terminate the agreement.
If you find that you would like to discuss this Please give me a call 508-981-4503
Ron Berquist
Authentic Home Finder
0 votes Thank Flag Link Sat May 11, 2013
Do so in writing, keep a copy for yourself. Send return receipt if possible. Ignore future correspondence from said agent. Beware of the clause covering properties introduced by the agent.
0 votes Thank Flag Link Fri May 10, 2013
Hi Patty - I think Bill is probably correct that if there is no termination date it's not a legal contract. You can call the Greater Boston Real Estate Board--they do have a consumer division--and ask about that. You could also just talk to the agent and tell him or her that you're not satisfied and want to terminate the contract. Any reputable agent will agree to that.
0 votes Thank Flag Link Fri May 10, 2013
If you have found a new agent you would like to use they can provide the correct form to use. Otherwise send an e-email to the agent your firing so you have proof of your termination.
0 votes Thank Flag Link Fri May 10, 2013
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