Home Buying in 77025>Question Details

Truman77, Other/Just Looking in

I want to change buyer agents

Asked by Truman77, Wed Jun 15, 2011

I met my realtor about 7 months ago. In that time he has sent me maybe 4 listings NONE of which met the criteria he knew was mandatory. Any listings I have asked him to take me to were of my own accord. He has been quite rude and curt with comments and even LATE to two set time meetings. Late by 30 min!
I found a house sold via Sirva. He said I could not alter the agreement Sirva required so it was best to find another house. I called another realtor who told me that was not true, amendments could be added in.
I feel bad for wanting to change realtors but he has never been beneficial and through past conversations, he is either has a smart a** attitude, uninformed or does not seem to have my best interest in mind.
Do I owe him anything or is it wrong? We did get as far as writing up papers..which he did not write them as I requested. Nothing has ever been signed. . I want the house I almost bought with him as my representative but through a different agent.

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38
Jack Liebsch II’s answer
If the original agent actively represented you with no breaks, then he could have a valid procuring cause dispute. If the original agent allowed a break to occur, such as abandonment or estrangement, he will have a harder time proving procuring cause. A harsh letter to his broker indicating your displeasure will make it pretty clear you are breaking off ties with that agent. After sending the letter, wait at least a week to submit any offers with your new agent, if you can. Since you have no written agreement, the only party who might be affected is your new agent. If the original agent files a procuring cause dispute, your new agent could be dragged into arbitration and may end up sharing a portion of his commission.
2 votes Thank Flag Link Wed Jun 15, 2011
BEST ANSWER
You mention the right to back out and lose your earnest money, in TX, you can pay for an option period, usually $100-150 for 7-10 days during which you can take care of your inspection and back out for any reason at all and not lose your earnest money.

Also, if you did not sign an agreement, you are free to hire another realtor of your choice with no repercussions.
1 vote Thank Flag Link Wed Jun 15, 2011
Rude Prima Donna agents are the thing of the past. You are in charge here and should interview agents like you are an employer that is interviewing someone to work for you! Call some agents over, let them convince you to do business with them and compete for your business. They are getting paid their commission, after all; and this isn't like they are signing on to do charity (free) work.
1 vote Thank Flag Link Thu Jun 16, 2011
Hi, Truman77:

There has been a lot of dialogue concerning your questions and concerns. You have stated you did not sign a Buyer Representative Agreement with the agent in question, which means he actually represents the seller as a "subagent." You are free to select another agent. I suggest that you go to http://www.rebac.net, the web site for ACCREDITED Buyer Representatives, to locate an agent that has had extensive EXTRA training ini representing buyers. Less than 3% of agents in North America have earned this designation. I am one of them.

Also, Truman77, I would definitely let the agent's broker know of your unhappiness with that agent's performance, whether you go with a different agent in that firm or one from a different brokerage. The broker's reputation depends upon the conduct of its agents, and I believe the broker will want to address this behaviour. Too many agents fail to remember that the buyer's (or seller's) best interest is their #1 responsibility.

I regret that you've had such difficulty in buying a home! Most agents, particularly in these economic times, would be busting their behinds to locate a home for you and ensure that you buy it at the right price and according to the conditions your require.
1 vote Thank Flag Link Thu Jun 16, 2011
Good morning Truman,

If you have signed a buyer rep agreement, then you must abide by those terms. If you do not have a buyer representation agreement, or it has already expired, then you are free to choose an agent that will meet your expectations of service. Furthermore, even if you were to have a current buyer rep agreement, talk to this agent and let him / her know why you want to terminate it, probably they will accept your decision and move on.

Best regards,

Mario Romero
Broker Realtor

832 818 5868
marior@r3yes.com
1 vote Thank Flag Link Thu Jun 16, 2011
I would ask his office manager or team leader to reassign you an agent that fits better with your needs, wants, or personality. Sometimes people don't click for whatever reason. Can't say that people won't get upset or feelings hurt, but it's a huge purchase and you should feel comfortable. Won't be the first time it has happened.
Maybe he doesn't want to work with you and perhaps it will be a relief to him as well if you request the change.

Good luck....sorry for the problems.
Web Reference: http://www.teamlynn.com
1 vote Thank Flag Link Thu Jun 16, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
If he never showed you the house and never gave you any information to direct you to that house, he definitely IS NOT the procuring cause.
1 vote Thank Flag Link Wed Jun 15, 2011
Yes, Trumann77, absolutely he should have given you an explanation if he is filling out the offer contrary to what you are asking for.
Web Reference: http://www.lindacefalu.com
1 vote Thank Flag Link Wed Jun 15, 2011
Since you have not signed anything, I would suggest calling him and his broker and just tell him how you feel.

The Sirva situation can be handled with a competant buyer's agent working with Sirva's sellers agent to make the deal work for both parties. I sold one this year, and whatever offer you submit in writing, the seller's agent will have to present.

It is nice to know that people still have ethics about these situations since there is, unfortunatly, buyers who will call and act like they dont have an agent, and then once you get to the house they tell you their family member is an agent and they will be purchasing thru them.

Good luck with your purchase, no matter who you end up hiring as your agent!
1 vote Thank Flag Link Wed Jun 15, 2011
You can certainly "fire" an agent that isn't doing a good job of representing you. Just make sure you do it in writing. Talk to his broker because afterall, he is an agent for the broker, and perhaps the broker can help you where the agent couldn't.
0 votes Thank Flag Link Mon Mar 18, 2013
Sometimes if you have a conflict with a particular agent you can talk to their broker and get "re-assigned" to a different agent within their office.
0 votes Thank Flag Link Mon Mar 18, 2013
You can certainly make a change - no one can force a person to like another - but there is something called procuring cause that may come into play. Because the agent showed/introduced you to the home and you got as far as writing up paperwork, this should be considered. You do not want a squabble over commission - ie, seller owing to two buyer's agents to get in the way of your success. So I suggest that you discuss with your agent, his broker/manager and the new agent you may want to work with if you've already identified one. Agents have a way of dealing with situations like this through referrals, which cost you or the seller nothing.

Good luck to you,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Wed Jun 29, 2011
Truman,
I'm sorry for your bad experience with such an unprofessional agent. I understand your position and you should not feel sorry for wanting and needing better representation. Each state is different, but if your worried about owing him anything and do not want to contact him direclty. You may want to call his broker, explain the situation and just let the broker know that you have found better representation and just want the home that the other agent refuses to submit the offer on your behalf. Let me stress, you are not in the wrong, and you need the best possible representation not only to find a great home, but also get you a great deal. Good Luck to you.
0 votes Thank Flag Link Tue Jun 28, 2011
It sounds like you need a new agent. Each state varies on its rules about agengy agreements, but it doesn't sound like you signed anything stating he was your agent so you should be free to find someone who will really assit you with the buying process. I am not sure whether this agent was just lazy, incompetent, or maybe both, but there is no excuse for only sending you 4 listings in 7 months. Life is too short to work with someone who doesn't care as much or more than you about helping someone find their next home. Do your homework this time and find an agent who is qualified and educated. Good luck!
0 votes Thank Flag Link Mon Jun 20, 2011
Sorry for your bad experience. With so many people looking for work these days its amazing anyone would drop the ball like that. I agree with the other responses, a lot depends on whether you signed an agreement with that realtor. Good luck!
0 votes Thank Flag Link Mon Jun 20, 2011
That guy gives buyer agents a bad name. I am an ABR. Accredited Buyers Representative. I practice in two states.Grand Junction Colorado in the summer and Key West Florida in the winter.
If I was rude, late and care about my clients I would be out of business. Representing a buyer is a commitment between both parties. Like a marriage. Sometimes parties are not meant for each other and part.
Make sure you choose someone that feels comfortable, that cares and will look after your best interest. Some agents are just not good with buyers. There is no excuse for not sending you listings. All it takes is listening to what you want and entering the criteria.Then you work as a team refining and defining what properties are suited for your needs. Doing searches on your own is part of the process but answering any question you might have, showing you property and having your best interest is his job. If you did not sign a buyer broker agreement you have no obligation. If you did you have grounds for breaking the agreement.
0 votes Thank Flag Link Sat Jun 18, 2011
Also, even though there's a national association of realtors, each state varies in guidelines. In Texas we say
0 votes Thank Flag Link Sat Jun 18, 2011
Also, even though there's a national association of realtors, each state varies in guidelines. In Texas we say
0 votes Thank Flag Link Sat Jun 18, 2011
Be truthful with your realtor and set him free.
0 votes Thank Flag Link Sat Jun 18, 2011
Be direct in how you feel disappointed in the service, and explain how you feel, as a courtesy (the do unto others mentality that we sign onto as Realtors).
If they are a true professional, they will appreciate the input, and as well the knowledge of where they stand. Perhaps even offer to prove they can provide more serious efforts in your purchase. But if it is time to change, it is time to change.

However!

If you found the house through your current agent, there may be an idea of the first agent being the "procuring cause" in which you may owe something to the current agent should you complete the transaction and purchase through another agent. Whether you signed a representation agreement or not.

Know that agency is your right to choose who represents you in a transaction and should you find that your current representation is non sufficient to fulfill your serious efforts to purchase. Then it is time to find another.
0 votes Thank Flag Link Sat Jun 18, 2011
Tell them they are no longer your agent, tell them that they have disappointed you, in today's market I could send you hundreds of listing that meet your needs and probably another 30 or 40 new ones each week, We have a huge inventory of homes on our MLS. Then interview a few Realtors and start anew! Good Luck, I hope you find your Dream Home soon!
0 votes Thank Flag Link Thu Jun 16, 2011
There is no reason to deal with an agent you are not satisfied with! Period. End of story.

I represent mostly buyers and mostly first time buyers and would like to help you find exactly what you want. I listen and act upon your desires.

Call, Realtor, Lynn Anderson, at 281-550-9121.
0 votes Thank Flag Link Thu Jun 16, 2011
I know I am not versed in what a lot of terms mean, so I may be off. " valid procuring cause" If I did the research and found the house myself.. did he procure it? I know I am off base but I wanted to ask. Also..I thought about it, he showed me less than 5 houses and we did in fact have a break where we had no contact for about 2 months. This was because I said I was going to go a different direction. He recontacted me later to see how my search was going and that led us to where we are now. As you can figure..showing me 5 houses in as many months.. only one was due to his research.
0 votes Thank Flag Link Wed Jun 15, 2011
Thanks Jack,

This was my concern as well.
Web Reference: http://www.lindacefalu.com
0 votes Thank Flag Link Wed Jun 15, 2011
I really appreciate all the responses to my inquiry. They have been most informative and helpful. I dislike confrontation when it comes to having to tell someone how unhappy I am with their performance. Unless I'm really mad at the moment. But for this much money, there's no way around it.

Thank you all!
0 votes Thank Flag Link Wed Jun 15, 2011
The most important ingredient to a transaction is the qualified buyer. If you have not signed 'buyer's representation agreement', simply find another agent. Personally, you should at least voice your displeasure with his broker first but, there's no obligation.
0 votes Thank Flag Link Wed Jun 15, 2011
I'm a little surprised at the agents that are saying "nothing signed, no problem". I'm not sure how it is in your state, but in the State of Wisconsin we still have procuring cause with or without a signed agreement. I would caution you to be careful before moving forward.
Web Reference: http://www.lindacefalu.com
0 votes Thank Flag Link Wed Jun 15, 2011
When I refer to filling our form incorrectly, I had gotten as far as writing up the Texas offer form (yes, not the right name) I had specifications. I wanted the ability to back out and just forfeit the earnest money.He wrote in N/A for date and amount. That could be bc it was Sirva..but that links back to his inability to communicate with me. When that was one of three major request (appraisal/survey, inspections and the right to back out and loose earnest money) and it was done differently..he should have taken the time to explain why if there was a reason besides oversight.
0 votes Thank Flag Link Wed Jun 15, 2011
If you haven't signed any papers, then there is no agreement to terminate. Simply inform the agent that you no longer wish to work with him, and if you feel so inclined, share the reason(s) why.

As for moving forward, please click on the link below to find out more about me. If I sound like the kind of person that you would like to do business with, I'd love to talk with you about your home search!
0 votes Thank Flag Link Wed Jun 15, 2011
Also, if you look up the name and location of the company your agent works for, it should list the actual Broker Owner.

Hope that helps.
Web Reference: http://www.lindacefalu.com
0 votes Thank Flag Link Wed Jun 15, 2011
A broker associate is not the same as a broker owner. And when you said "he did not write them as I requested", what specifically are you referring to?
Web Reference: http://www.lindacefalu.com
0 votes Thank Flag Link Wed Jun 15, 2011
A buyers rep agreement is between you and the broker, not the agent. You said you have not signed anything, so that works in your favor. My advice would be to speak with the agent's firm (the broker). From there, you should be able to work out whether to work with another agent at that brokerage or another brokerage all together. Generally, a broker willing to sacrifice their good name for a commission on one transaction by not letting you out, would be foolish and short-sighted.
0 votes Thank Flag Link Wed Jun 15, 2011
I have not signed any buyer representation agreement nor the papers he drew up incorrectly for a possible offer. So I don't have a contract to refer to.

My concern and guilt comes from the fact that he did spend time with me going to the house and the handful of others I found on HAR. I've worked sales (not realestate) and I know how customers should be treated..and they should never feel like an inconvenience. Which is how I felt most the time with him.

His title is Broker Associate ...so would that make him the broker I'd have to contact?
0 votes Thank Flag Link Wed Jun 15, 2011
Texas law requires an agent to present you with a promulgated form named Information of Brokerage Services as well establish representation through a Buyer Representation Agreement. Legally, if you don't have these formed signed then there is no fiduciary duty and thus you have implied agency. A seller is always represented through the listing agreement but a buyer must choose to be represented. If you feel your agent hasn't represented you or your best interest you have the right to seek another broker. I would suggest you working with a broker instead of a salesperson because they tend to be more knowledgeable. Should you have any further questions, feel free to visit our website or text any local real estate questions to 832-282-2069.
0 votes Thank Flag Link Wed Jun 15, 2011
My first question to you is did you sign a buyer representation agreement with your current realtor?
0 votes Thank Flag Link Wed Jun 15, 2011
Did you sign an Exclusive Buyer's Rep Agreement? Technically speaking, the agreement belongs to the Broker. I would therefore talk with his Broker and tell him about your problems. The broker can either release you from the agreement or assign another agent from his same company. If your realtor is the broker, ask him to release you from the agreement. If you did not sign an agreement, again, you are technically free to hire another realtor to represent you. Good luck!!!
0 votes Thank Flag Link Wed Jun 15, 2011
You need to talk to this agent's broker. You also need to READ YOUR CONTRACT CAREFULLY. You could owe the agent for work performed and/or procuring cause.

Explain to his broker what you have written here and see how they are willing to handle it. In most cases they will assign a new agent and in some cases the original agent may receive a referral fee from that agent.
Web Reference: http://www.lindacefalu.com
0 votes Thank Flag Link Wed Jun 15, 2011
You always can fire an agent. If you are not pleased with the way he does business.

Our company gives 20% rebates to home buyers who buy homes over 100K . If you would like give me a call at 713-582-2255 and we can discuss more on what you are wanting in a home and the time frame you are wanting it. Susan Collins
0 votes Thank Flag Link Wed Jun 15, 2011
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