Kaye,

Careful hear. You have several legal issues.

First, you seem to have an agent that is not meeting her fiduciary duties to you. If this is the case, she just violated the primary tenant of her contract with you. Termination of the contract for this reason is valid.

Second, every state has a different interpretation of the term "procuring cause", which defines the terms under which an agent has "earned" their commission. Google search the term and you'll get more info that you cared to receive. Do not assume that someone without an attorney's license, with real estate expertise, that is giving you advice is correct.

That said, several things can probably help you out. Definitely, as discussed in previous answers, find out who the agent's broker is and have a discussion with them. Clearly articulate your desire to have an agreement them that they are not going to pursue "procuring cause" on any purchase you make simply because the agent setup an automated search. Once you have agreement, get it in writing.

Second, if your description of the situation is accurate, if you don't get the above agreement, I'd let the agent and the broker know that you are going to file an ethics complaint based on the agent's refusal to submit your offer (big fines on this one and possibly probation - fun eh?).

Third, and something the agent is probably going to forget to do anyway, most states require the agent to send you a list of the properties that they are going to claim procuring cause for, within a certain number of days after the contract has been terminated. If they don't send you the list (and the previous automated search doesn't count!) in the time frame required, this whole issue is a moot point.

In Texas, we have to provide this list within 10 days after contract termination. Almost never happens here, but then I've never had a contract terminated, so my expertise is word of mouth. Not worth the hassle or the risk.

Hope this helped!

Jeffrey

In most states the buyer broker agreement can be terminated. I would contact the agents Broker expalin your not satisfied. He or she could asign another agent or release you from the contract on all future properties. I hope this helps

Why would you toss it? You signed it correct? If she has copy w/your signature, you will have to pay her commission.

Contact her Broker direct to get copy and/or resolve this matter.

The contract that I signed was for her to represent me exclusively as a buyer. I tossed the contract because it was a standard form.
Can I call and complain to the manager?

This may sound rude - but i'd whip it out and tell her what to do with it.
She doesn't like it - tell her to contact your lawyer.

She's 100% in the wrong, and most likely she knows it. Real estate agents have a tendancy to assume that "normal" people don't know the law, don't know thier rights, and are easily manipulated. THey will threaten and push and prod and take advantage whenever they can. Normally they're more subtle about it - but in some cases you get some real ego maniacs who think they can just walk all over people.

As for the automated listing issue - the automated listings are a feature of MLS, and not specific to any one agent. As long as your listing is in MLS, any agent in your area will have access to the same data she does. Tell her she's not getting a percentage because of her automated listings, and if she has a problem with that, then kindly remove your property from her automated listings.

Seriously - tell her to take a hike, and if she doesn't like it - you'd be more then happy to resolve the dispute in a public forum such as NAR or civil court. Dollars to donuts that's the end of it.

Absolutely not! You should speak to her broker she is very unethical and it was her job to submit your offer even if she felt it was to low. It was her fiduciary duty to both you and her seller.

Before everyone goes bananas, what kind of contract did you sign?

It should say on top of the form....

Well, what sort of agreement did you sign with her? That's the document that matters. What does it say?

I think she may be stretching it a bit to say that if you buy any of the listings from her automated search, you'll owe her the commission.

What I'd suggest you do is interview and find an agent of your own--someone who's good and tough and will represent your interests. As you're interviewing prospective agents, fully explain your situation. Listen to their responses. To resolve the situation fully, you (or your agent) may have to work with the broker of the agent you are dissatisfied with to clarify matters. But that's farther down the road. Find an agent of your own, disclose fully, and go from there.