Home Buying in 60035>Question Details

Brad Pure, Home Buyer in Chicago, IL

I signed a 1 year agreement with a realtor and am not very pleased with the service i am getting.

Asked by Brad Pure, Chicago, IL Tue Jul 31, 2012

If I want to change realtors is it possible and what do I have to do to not get sued by my current realtor?

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13
Brad
Not addressed yet, but if you are talking about a listing agreement or a buyer representation agreement. A listing agreement should have a cancellation clause with any exit fee penalties explicitly described and a notification provision. You might have to give 30 days notice and pay an exit fee. If you are in a buyer agreement, then you can get out easier typically with fewer hurdles. Sometimes after you hire an agent they act and respond differently than they promised. That is called client estrangement. If you just don't like the way you were handled or angry about a specific instance you have grounds for estrangement. Not legal advice! Read what you signed, if you really want out talk to the managing broker directly if the agent is guilting you into staying with him. Understand that the office holds the listing in Illinois, unless an agent is a self sponsored small outfit. Managing broker more interested in keeping business in the office and reassigning to another agent in same office. If you didn't like the brokerage service-advertising, the way they handled appointments etc. you are within your rights to call other agents and get their marketing plans and CMA. If you find a better org and agent, follow the contract terms regarding notification and exit fees.

If you like my answer, thumbs up and best answer me, helps me to maintain my VIP2 status. I dont have a dog in this, and not to interfere with your agent, but you have right to change agents or office. Best of luck!
1 vote Thank Flag Link Wed Aug 1, 2012
There are plenty of agents out there and they are not all created equal. We are all independent contractors, so interview your agent. Most contracts will have language to address how to handle cancellation.

Paul Cionczyk| Coldwell Banker Residential Brokerage |Broker
312-433-9931 | PaulCionczyk.Broker@gmail.com |PaulCionczyk.com
0 votes Thank Flag Link Wed Apr 24, 2013
Brad,
Contact your agent and discuss terminating your agreement. If you don't get the desired result, ask to speak to the the Managing Broker of the office for assistance.

All the best,
Gary Geer
Results Realty USA
0 votes Thank Flag Link Fri Apr 19, 2013
In every agreement there is always a section on terminating the agreement. Usually 30 days in writing. However, if a client is truly unhappy, many times the agreement can be null and void effective immediately. I know that if someone were unhappy with me and the relationship was not working, I would not want to force someone to remain my client.

Hope you were able to get things resolved.

Take care,

~ Jen
0 votes Thank Flag Link Wed Apr 17, 2013
Talk with your Realtors Broker. Explain your concerns and then go from there.

In Texas it is illegal and unethical for any other Realtor to give advice when a Principle (buyer or seller) is under contract with another Realtor.

GOOD LUCK.

Kenny
TURTLE CREEK REALTY
Dallas, TX
0 votes Thank Flag Link Wed Aug 1, 2012
Most contracts have a termination clause so review your contract. I recommend that prior to doing anything drastic you speak with your agent about your concerns. If that doesn't solve things you can then speak to the agents broker regarding this. They may be able to assign you to a different agent in their office that will better fit your requirements.
0 votes Thank Flag Link Wed Aug 1, 2012
Most representation agreements have an escape clause if the buyer is not satisifed with the service level of the agent. If your agreement does not have this feature, speak with the agent and share your displeasure. A smart agent will release you from the contract if they can't keep you happy.
0 votes Thank Flag Link Wed Aug 1, 2012
I've never seen a Realtor agreement that did not permit the buyer or Seller to terminate it. If you're concerned about being sued I'd take my agreement to an attorney and have them review it for you.
John Walin offered some excellent advice.

Here's the bottom line, the Realtor is licensed and has a license to lose as well as a reputation that is at risk. If you're unhappy and ready to make sure that the Illinois real estate commission as well as everyone you know is aware of how upset you are with your Realtor and tell them this, if they have half a brain they'll terminate and be glad to see you go.

Realtors- this is not an uncommon complaint in our industry and while there's two sides to every story and not every client is reasonable, more often than not the problem is with how we deliver on our promises. If you're good at what you do there's no reason to trap anyone into working with you, keep your buyer broker agreements short (mine are typically two weeks) you and the client can always renew them It's up to us to earn their confidence. With Listing Agreements offer an "Easy-Exit" guarantee that you sign when you're signing the listing agreement. If for any reason your Seller becomes dissatisfied, have them notify you in writing and give you 72 hours to resolve their issues, if you don't make them happy let them go and learn from your mistakes.
0 votes Thank Flag Link Wed Aug 1, 2012
According to Illinois law (I am not a lawyer, but this is my understanding of the law at a licensed Realtor) your agreement can be cancelled at any time. It requires both parties to sign off on the cancellation in writing. Technically your agreement is with the real estate brokerage firm, not the agent. Often when a client has an issue with a specific agent the managing broker will try to find another agent in the office that is a better fit for you. However, if you are unhappy with the brokerage FIRM and the agent, then you should insist on getting the agreement cancelled.

The most important thing is to make sure that you get a document that is signed by you and the managing broker cancelling your agreement. Otherwise you may still have some obligation to the brokerage firm. Also, check your agreement. There may be a fee for cancelling your agreement.
0 votes Thank Flag Link Tue Jul 31, 2012
First thing to do is have a conversation with your Realtor. Perhaps it will lead to better service. If that doesn't work, talk to his/her Managing Broker about your situation. Is this a listing agreement or buyer agency agreement. If it is a listing agreement, you may simply have to pay a (relatively) small cancellation fee. If it is a buyer agency agreement, it may be more complicated. Depending on the type of agreement, your current Realtor may expect a commission no matter who finds you a home. In any event, you will need a termination of contract to be signed by both Realtor and their managing broker. Good luck.
0 votes Thank Flag Link Tue Jul 31, 2012
Brad,
Unfortunately, the agreements are binding. It does ask for location (cities or areas). You could change your search area. I know that's not a great option.

Alternately, you could go to the managing broker and explain your dilemma. They would rather place you with another Realtor by agreement and keep the sale than have you sit out the contract period and buy next year with some other firm.
Best of luck.

Cheers,
Osh

Ashur 'Osh' Nissan
Weichert, Realtors - Lakeshore Partners
847-644-9177
0 votes Thank Flag Link Tue Jul 31, 2012
While that is unfortunate to hear, I find it unique that your contract duration is for such a lengthy term. On the other hand standard real estate agent contracts include clauses for opting out of the agreement; additionally, you are legally able to terminate the contract if you can prove that the agent is not honoring their contractual duties. Depending on your reasons for terminating the contract, actually breaking it could be simple or very difficult. Make sure to first communicate your needs to your agent, and if they still do not remedy the situation to your liking, most contracts are truly between the client and the principal broker of the affiliate agent you have employed. Being that this is true in many contracts, I would contact the principal broker at that point and it may be possible to be reassigned to a different agent within that brokerage, especially if it is a larger nationally known firm. I would try that before attempting a legal route or contacting their association, if they are a Realtor.
0 votes Thank Flag Link Tue Jul 31, 2012
Brad,
Your best bet is to try to work out any issues by talking to your agent. If that does not work ask to be released from your contract. If the agent won't release you, contact the agents Managing Broker of the office and let the broker know your situation and ask if he/she can assist in getting you released from your contract.

All the best,


Gary Geer

http://www.ggeer.illinoisproperty.com
0 votes Thank Flag Link Tue Jul 31, 2012
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