Legal isn't your only option. Convincing the agent he wants nothing to do with you may be easier. Showing up with a sign that says "ask me why I don't want this agent representing me" at every open house he has may produce results.

Calling his broker every day and asking your friends to do so also asking why he hasn't released you from your contract may make you undesirable as a client.

Setting up your fax to automatically fax their machine every 30 minutes to send a letter asking to cancel the contract will also conjure up desire to cancel a contract too.

I would ask why do you consider this Realtor inefficient? Any Realtor today should be hungry enough to almost bend over backwards for their client. And yes unfortunately that buyer agent contract is binding but as a professional they should release you from it and let you go. This Realtor has never heard of bad customer service being told by one to at least ten people who in turn tell ten people.

AGREEMENT: The real estate industry is and has always been based on getting Listings. And Listings are protected by comprehensive listing agreements. We need the same in a Buyers Broker Agreement. A comprehensive, template. One that contains options for using the selling side commission to offset the Buyers Broker commission. One that deals with the commission due for the purchase of a "FISBO". For the purchase of a Short Sale or Forclosure.

AGENCY: Did the buyers agent in question have a 'single agent', fiduciary responsibilty to the buyer? Or was the buyers agent just a "matchmaker' with no fiduciary responsibility to either party? Big difference!

MLS COMMISSION SPLIT: Did the buyers agent receive a selling side commission? Did the agent credit it toward his fee or commission?

POST OFFER COMMISSION REDUCTION: Did the Buyers try to get the Buyer's Broker commission reduced??? And the agent refused? I read lots of the responses, but did not get tis information regarding the "complaint"...did they try to get the Buyer's Broker commission reduced and the agent refused?

Most buyer-side commission dissatisfaction I have heard about and encountered is from buyers who agree to a fee or commission and-after they find the house they want-they want to renegotiate the commission downward. (A major problem now with Short Sale contracts).

LIMITED DISCLOSURE: If the complainer wasn't fully briefed on the Buyers side-Sellers Side commission split practice, that says alot right there. The real estate industry is careful not to talk too much to buyers and sellers about the real estate commission split. MLS boards are just beginning to disclose them in their listing agreements. (And Buyers Agents... try to find out when the listing agreement expires! No stimulus to competetion here!)

H. Ted Lesher
Broker Associate, Sunburst Realty Group, Palm Coast, Florida
Buyers Agent Only

So sorry to hear that you are having such grief. There are many valid points in the replys below, but I never want to force a buyer to have to work with me. If the buyer is going behind my back and trying to by a FSBO or using other agents and having me do all the work, I would hold them to the contract. If my buyer thought that I was not doing my job, I would hope that they would give me the opportunity to correct myself (I assume you did that) and then if they really didn't want me, I would let go. Why would I want an unhappy buyer. My reputation is on the line. I would hate to have buyers to not even give me a try because they hear that I won't let them out of a buyer's agreement. Good luck.

Personally, I would never "force" someone to work with me, which is what it sounds like this agent is doing. If someone is unhappy with me, for whatever reason, and I couldn't make it better for them, why would I want to essentially make them stay with me until their contract expires?
Would I want them to tell their friends, "things weren't working out with that agent, we tried to make it work, but it didn't, so we parted ways, It didn't work for us, but she may be able to help you out. " OR
"that agent was AWFUL, we didn't care for the service, this happened, that happened, we wanted out, but she wouldn't let us out of "buyer rep" and we would NEVER recommend her or he company to anyone!"
Why would anyone want to antagonize someone and make them do something they are clearly not interested in doing???

PMG

Glad this is all working out well for you. Hope the next realtor is a whole lot better. And please do file a complaint to the Real Estate Comission. I'd really like to see these jokers out of the industry for all of our sakes.

Take care,

Daniel

A contract is an agreement between two parties to agree to perform.. You need to prove non-performance on the agent side. - Meredith Kurz meredithkurz@remax.net

I'm sorry, I can't hold back from saying this:
I would respectfully ask that anybody who comes in late to the question when there have already been numerous answers, reads the prior posts so as not to repeat what has probably been said many times before. This question has obviously hit a nerve since it continues to draw responses, but I think we owe it to Pmg and the agents who have given prior answers at least that respect.
Sorry, just a pet peeve of mine.

Hi PMG,
Did you go to the Broker's Office?
You should go there and sit till someone takes care of you.
Brian http://www.kennarealestate.com

It is my understanding that you make your agreements with the company not the agent. Therefore you should be able to switch to another agent withing the company that you feel more comfortable with. Speak with the broker of record ro a manager as they will be more helpful in thi smatter then an agent. I would be surprised if they just don't let you out entirely unless they are really that desperate for business.

Wes Stanton http://www.thestantongroupnyc.com

Good Morning Pmg,

I agree with Betty, that would be your best option, the management really do want to make sure that Clients are satisfied with the service they provide. I know that you want to move into a home as soon as possible, and I also understand that living in a strange place can be stressful enough, (my husband was in the Navy for 20 years and we moved a lot!) without the added stress of finding a place to live. We lived in Colorado Springs and found an incredible Realtor, actually at an Open House, so there are great agents out there that want to do a brilliant job!
So, go to the offfice, do not call, take with you all the letters that you have written and your Buyer Agrrement, ask to speak to the Managing Broker, tell them ALL your concerns! I am sure they will resolve this!

Good Luck!!

Pmg:

Unfortunately you signed the exclusive right to represent the buyer contract. My suggestion is to contact the manager. Explain the situation that you are having issues with the current broker and would like to switch brokers. The management is there to assist both clients and brokers in this situation.
I would also recommend staying with the firm but have a different broker. Explain your personality, wishes on a house and let him/she suggest someone else.
Try hard not to let this negativity ruin finding your dream home..
Good Luck!

Hi PMG, When are you looking to move? In your last Answer you said you did not want an Agent for years just Months? You should not be looking now if you do not need to move for months. It takes 30 to 45 days to get a deal to close. I suggest looking 2 months before you have to move and write some offers. Please stay away from short sales unless you want to wait 4 to 6 months and not get a home. Have you looked into HUD Homes in Denver?
Brian
http://www.kennarealestate.com/HUD-homes-colorado.php

Hi everyone,

Thanks again for all your input here into this stressful situation. We called the owner and after a week, received an email from his managing broker, who we had written to two weeks before! He said to consider that as our release and he would talk to the agent. Hadn't even talked to him yet! We will always have the agreement to be released written, not verbal.

J.T. , he did go over everything with us, but he verbally said either party could be released if they were unhappy. Also, we were preapproved and all knew what range of house we were looking at. This agent couldn't remember what houses he showed us. He showed us a house where there was evidently some structural damage. He didn't even comment on it. I don't think he was looking out for our best interest. I know he has to do other things besides find us a house, but hey, we can't get to step two until we have done step one, which by the way, I was doing. He never sent me listings. I set my own up online, drove to the houses and looked up the houses that sold previously in that neighborhood. Am I asking too much that a realtor do that FOR us? We were NOT paid to work with another realtor! You are way off base on that! We are not big money people here. We are not trying to do anything unethical, hence the waiting for a release.

The thought of having to get a lawyer is not a comforting thought for us at all! As said before, we aren't interested in anything we saw with him and I'd never open up that can of worms.

Debbie, thank you for your very balanced way of looking at this. If you were here, I'd call you! I have worked in a profession where people get burned out or get their focus off of what is important. It makes it very hard for those you are working for. Not all are this way, but it happens.

We are NOT real picky people, but some realtors start out real strong, but after a few weeks fizzle out. I am not asking for years, but at least a few months. It is a competitive market and good houses go fast. I have felt all the pressure was on me to stay up on the latest houses on the market. It's so discouraging not to have someone else out there pointing the good ones out to us.

So, we are still sitting in our apartment in a strange town. We only need ONE decent house, it will happen!

Hi PMG, Did you find an Agent yet?
If not, You can call and talk to myself or one of my Agents if you like. We work with guys like you all the time and can and will get you a Home if you want one.
Brian
http://www.kennarealestate.com/denver-real-estate.php

Hello PMG, When I meet a buyer for the first time, I review the agency disclosure required by my state (MA) and lightly touch on the Buyer Agency Agreement. However, I tell them that the first time we work together it is like a blind date--we both want to see if this is a Buyer/Realtor we want to take a second "date" with. Maybe I won't want to work with them or maybe they won't want to work with me but this is how we'll find out. I have been in the business for 18 years and have not lost anyone to working this way. Why would any Realtor or Buyer want to work with someone who is not a good fit? Our job is difficult enough without adding another layer. A Buyer Agreement can be for one town, one property, one day or one weekend or any time period you want to agree upon. It does not have to be long term. I would bet this Realtor will "let go" if you file a complaint with the Board of Realtors for the area. No good Realtor-or even a bad one-will want to have a complaint filed against them. The Buyer Agency Contract I use states that the agreement can be terminated at any time with mutual agreement. Maybe this Realtor doesn't do much business at all and is desperate for a sale--not a good sign. Good luck.

Thanks Jed. Our problem was we don't have a group of people to ask about referrals. We know a few people at work and most haven't bought a house in years. We are new to the area. We saw a few other agents and this guy seemed professional and knowledgeable. It just didn't last and he became threatened when we decided it was time to move on. When you are new to an area you are very vulnerable. We didn't sign the agreement until after a few weeks.

Also, to answer J.T. from previously. This agent seemed very busy. He did not seem to be hurting from the economy at all. We could never get to see houses on the week-ends as he was always already booked.

Dear Pmg,

This is a clear case where referrals go a long way. You must be a first time buyer for I have seen this happen before. You call on a home you have seen in a ad or driving by a home while out and the listing agent answers the phone, agrees to answer questions and meet with you. The first thing an agent will do is make sure your pre-approved and then have you sign the buyers agency agreement.

Your best way of finding a great agent is to ask family, friends or co-workers if they know of an agent they would recommend to work with. Your sure to have a great experience this way because the agent has provided a level of service and experience that made a good enough impression with someone that they felt the agent would provide to another client.

Remember you are the boss, always interview your agent before signing any documents or contracts. Interview them as a potential employee to make sure they have the personality and qualifications you are looking for in a realtor.

Best of luck with your situation,

Jed Parish
Re/Max Town & Country
630-688-6672

Pmg,

Not that you need another answer, but there's one more possible angle here. In my region a buyer agency contract is between the buyer and the broker-- not the sales agent. The same goes for a listing contract. Therefore, if you're unhappy with an agent, you can ask the broker to assign a different agent. One of the Denver agents on here can confirm if this is the case there. If the broker won't return your calls, send her/him a letter and explain that you are unhappy with the agent and want another one assigned (again, if the agreement is between you and the broker).

Also, as others have explained here, a buyer agency agreement gives you certain protections. In some areas (such as where I live), without this agreement an agent actually works for the seller and must put their interests first. So I wouldn't rule out signing one of these again, but you're a little wiser now and negotiate one of these better. You can shorten the duration, for example, such as to one of two weeks (I've done it before for one day!) to see if you like working with an agent. If an agent won't agree to this, then this person isn't willing to earn you trust and business. Good luck!

PMG....
You have had quite a bit to handle and I empathize with you. I offer you my personal opinion as a completely disinterested party since I am not located anywhere in CO and am not trying to get your business. There have been a variety of opinions and advice sent your way and that in itself can add to your anxiety and stress. Some of the comments I agree with and some I feel are borderline unethical. I do my best not to speak poorly of others in my profession and when things like this happen it can be difficult. As they saying goes....one bad apple...
Those of us who are experienced agents will agree with this fact. Our success relies completely on our reputation. So with that said, the agent you requested to be released from should have done this immediately as it does neither party any good if the Buyer is unhappy. Most of us do not hesitate to tell others of a bad experience thus tarnishing the agents reputation. In some ways it sounds as if this agent may be under considerable stress themselves. The current and recent market the last couple of years have been extremely trying for a lot of agents and many are no longer in the business and lost their own homes. I am thankful to be among the top agents in my area. However, a true professional would never let it show and always put the Buyer's interest before thier own.
Not sure about CO but in my state, entering into a new Buyer Broker agreement or New Listing agreement cancels any prior agreement made with another Brokerage with the exception of previously shown properties. I always use a Buyer Broker Employment Agreement but also always use an "easy exit agreement clause". I never insist on the Buyer signing this upon the first several meetings and depending on my feeling of the Buyer I am working with I may not present it until we sit down to write the offer. I do have to comment that I feel it is the Realtor's responsibility to educate each Buyer and also ensure their understanding of each document being signed. That is part of our job.
Although I know you are angry/upset especially for the time lost but my last bit of advice here......
Get mov'in! Interview agents to find the best fit, find a house you will be happy in and put all of this behind you. You have too much to look forward to and be excited about. Let go of the negativity and this horrible experience and put it behind you. You will begin to feel much better about the future. Remember what I said about the fact the our reputation is all we've got. You will certainly know who to tell someone not to use when you are asked in the future won't you?

Best Wishes and Good Luck,
D Shelton ABR, REALTOR
Debbie@DebShelton.com

PMG, no Realtor wants an unhappy buyer. If you are unhappy with the agent, I agree with others that you talk to the branch manager or broker. However, i picked up on something else you said about the agent "not finding you a home you like". Are you financially qualified to buy the "homes you like"?? Also finding houses is not the "main job" of any Realtor. After the house of choice is found, that's when "our job as Realtors begins" !! There's contract negotiations, inspections, time of action in contract clauses to follow and other parties to keep the "ball rolling" like home appraisers, lenders, repair and settlement company details. There are many players in the purchase of any home and rarely will anyone talk to the other without the Realtor "keeping on top" of the to do list... I SUSPECT THERE IS MORE TO THIS "release request" THAN YOU ARE RELEASING HERE. Has someone offered your money, not to work with this agent?? As the old saying goes " leave the dance with the date you brought with you". I suggest you "sit down" with the agent and manager to determine the best course of action and clarify what the agent does for the buyer, besides "finding a house" you like.

Pmg, I did not get through all of the answers given here but if someone has not said it already, a buyer's contract is a bi-lateral contract that is binding on both parties. The agent has responsibilities right along with you. If the agent does not fulfill his side he is in breach of contract. Now I don't know what was put into his side of the agreement but there should be some responsibilities there. A buyer's agency contract is a good idea for you as a buyer if you know what you are signing. You should have things in there like the agent will show all homes in a certain area in a certain price range. They will call you once per week or twice per week or whatever you want him to do.
The breach on your part is monitary and fixed within the contract so if you buy a home from another agent you could have to pay him that fee. His side of the contract is service and has no set value so it could be decided by a judge on what your inconvenience and loss of opportunity is worth. He has no more control over you than you do over him. It is equal on both side. I would still recomend doing an agency contract with your next agent but you need to know that your loyalty has value. If you give your loyalty what is your agent going to give you in return. Understand that the contract is meant to line out expectations. If I do this service) you will pay me that or you will give me that (loyalty)
You need to talk to his broker and if you don't get the results you need there you should talk to an attourney. I am not assuming he is not doing his job as you say but reguardless, you guys are not working out and it is in both party's best interest to part ways and he actually has the potential to loose more than he will gain by trying to keep you from canceling the contract.
I am not in your market but when you are released from this contract, send me an e-mail and I can refer you to a great agent in the Denver area.

Ron Rogers
Ron@KlamathHome.com

Hi PMG!
How are things coming with the release of your buyer's agency? Have things been resolved yet? Usually if the managing broker gets involved, things are dropped pretty quickly. I would be glad to speak to you directly on the differences between the different types of agencies, and discuss exactly what can or cannot be done with each of them. Great news for you though, if you buy a home between now and June of 2010, there is a $6,500 tax credit given to any buyer, and if your a 1st time buyer then it is a $8,000 tax credit. Reports are indicating that the bottom of real estate values have hit, and should start rebounding soon.

Give me a call with any questions... Hope to hear from you soon!

Sincerely,
Kevin Schneider
Broker Associate, CIPS, CRS, GRI, e-Pro

Direct: 303.883.1811
Office: 303.467.8258
Fax: 303.467.8259

E-Mail: KevinSchneider@DenverRealEstateAdvice.com
Web Site: http://www.DenverRealEstateAdvice.com


Keller Williams Realty Professionals, LLC
9191 North Sheridan Boulevard, Suite 310
Westminster, Colorado 80031

PMG,

I hope by now that you have had your problem resolved. I can totally relate to your frustration as the same thing happened to me in 2001, but I was the seller. My agent did absolutely nothing to sell my home other than put up a sign and put it in the MLS. When I discovered that he had lied to me and had misrepresented himself I asked that he release me from the agreement. Before signing the agreement, he said that he would release me if I became unhappy with his services. As he was an independent, I had no managing broker to talk so I did go the Real Estate Commission. They talked to him, but he still refused to release me, but the complaint was filed. I could have filed a lawsuit, but the contract would have expired by the time it was heard. Hence I was stuck with him for 6 months. I hope he is no longer in the business.

Anyway, I wish you the best of luck in getting this resolved. I lived in Denver for 8 years and loved it.

Regards,

Debbie Francis, GRI, ePRO, GREEN
Prudential Lifestyle Realty
Asheville, NC

BTW Pmg - when you interview new agents, ask if they preview for their clients. And make sure they understand that previewing means physically going to the property, not just looking at the pictures in the MLS. They should also contact every agent before they show you the home to find out if it's a short sale, and if so, if it's already got offers on the table, because some agents don't disclose it. Once an agent gets to know you, they should be able to walk into a house and know it's the one you're looking for, and contact you with an urgent message to get out there, because the good ones are going fast in the entry level price range.

I just wanted to answer Joan - you're correct. As a transaction broker we're not supposed to negotiate on our client's behalf. I'm glad Colorado has buyer agency, but many agents don't operate as though they understand the difference, and it's really difficult to explain to clients. But I always tell my clients that if they want out of an agency agreement they can do so by sending written notice to me. I've never had anyone ask to be released.

I've worked with buyers who didn't want to sign an agency agreement, only to find they only called me because their agent was on a 2-week vacation and they used up my time with no intention of buying through me. I'm not sure if I'd work without one again - I work very hard and put in many hours for buyers, and I only work with three buyers at a time, so I want them as committed to me as I am to them. I do understand Pmg's reluctance to sign one in the future, and probably no one they know will sign one either. That's a shame. But I'd give anyone who wanted one a written guarantee that they can be released from the agreement.

Pmg,

My family and I moved to Stapleton 3-years ago from Ravenswood, and I'm currently working with a young couple that just relocated from the South Loop. Give me a call!

I'll include the language I submitted below in any agreement, and even agree to a honeymoon. In fact, I never push an agreement under a buyer's nose the first time we view properties anyway. I need to feel comfortable with them too.

John Keene
Keller Williams
303-547-578

Daniel, we have had forums where state differences have been discussed.
I understand that in Colorado buyer agent contracts are used.
I'm not sure I understand what you mean when you say that if an agreeement is not signed, you automatically become a transacation broker. So, without an agreement you can't be a buyer's agent? You can't negotiate on the buyer's behalf?

Trial period could be a great idea.

The biggest problem with not signing an agreement with an agent is that, then, by default, your agent is a Transaction Broker rather then a Buyers Agent. This has ramifications for your journey as a buyer. Here are the definitions for you.

Buyers Agent: A buyers agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyers agent must disclose to potential sellers all adverse material facts actually known by the buyers agent including the buyers financial ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy the property. A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer.

Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any contracts, including the closing of the transaction without being an agent or advocate for any of the parties. A transaction-broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a buyers financial ability to perform the terms of a transaction and, if a residential property, whether the buyer intends to occupy the property. No written agreement is required

The biggest difference is the agent as a Buyers Agent can act as your Advocate. I know its legal jargon but its an important distinction legally.

Good Luck

the Windy City's loss, and Colorado's gain.

I would insist on at least a "Trial period" for the next EBA... to make sure that you're compatible. Given your recent history, any agent worth their salt would agree to a 3-4 weeks "honeymoon" period, during which either part could escape from the contract for no-fault.

Yes, I understand the agent's desire to lock you to him... and it's certainly in his best interests to have you do so. But if he's a good agent, and does a decent job, he shouldn't be the least bit afraid of a trial period, during which he can prove his value to you.

Thanks Alan. No, I'm not in Chi-town anymore! I grew up there and all my family is still there. Loved riding my bike to the lake in Evanston and see all those beautiful old homes. If you ever come to Denver, there is a little restaurant called "Chicago" and there is a family from Rogers Park who do hot dogs and Italian beef sandwiches. They try to be rude to you as part of their "atmosphere".

Anyway, as you say, it seems a regional thing. Also, some realtors may be insecure about not having one. Maybe they've had bad experiences. But I've communicated my situation with my family back in Chicago and they're like "I'd never sign one of those". So the norms are different. The market here in Denver is pretty competitive. We'll just be up front about our not wanting to sign a contract and see who will work with us. If they want one down the road, it will be a shorter one with the clause of being able to opt out in writing.

Still haven't gotten anything sent in writing. Enjoy the Christmas windows downtown!

Pmg - not all Realtors are going to require you to sign an Exclusive Buyer's Agreement. It largely depends on the convention and customs in your area.

In our area, for example, EBA's are rare. And since they're rare, very few agents even attempt to get them signed, because buyers don't HAVE to sign them, and when one is put in front of them, they scurry away as quickly as Roaches, when the lights are turned on.

Interview a number of agents, and explain your hesitance to sign an agreement. You might be able to find at agent who won't require your signature. Or sometimes an agent will work with you on a "trial" basis for a couple of weeks, so that you can see if you like their style.

Good luck.

Pmg,

Great news that the managing broker was able to help you finally get the relief from the agency agreement that you desired. As Alan stated, get your "out" in writing next time. The Colorado Real Estate Commission agency agreement has a section for additional provisions.

I always include the following statement in my contracts:

"The buyer(s) may cancel this agreement, for any reason, with 24-hour written notice. However, the hold-over period shall remain in effect beginning on the date of said cancellation."

This protects both sides, in that they buyer can leave if unhappy, and I'm protected if they buy a house for which I was the procuring cause.

Fortunately, I keep my clients happy making this a non-issue!

Best of luck,

John Keene
Keller Williams
303-547-7578

Thank you, yes that would be the way to go. It was said verbally, but we were naive and didn't have that in writing. We are sure there are other things we don't know, not being realtors. For that reason we should probably consider doing the agreement, but I can't help being reluctant!

any Exclusive Buyer's Agreement that you might sign in the future should include a "no fault" exit clause allowing you to cancel the contract, basically with "written notice".

In your last response you said you will not sign a Buyer's Agency again. Most Agents wont waste their time with you if you no longer have loyalty to an agent. Also you need to have an Agent look out for you. You do not want your next question to Trulia to be how do you get your earnest $$$ back and you do not have an Agent working on your behalf.
You may not realize that like myself most of us Agents work hard and work all the time. Most buyers do NOT see the effort and time spent doing Real Estate and think they are doing the work because they went online and pulled up some homes. Take care and get a home!
Brian

We contacted the owner yesterday morning. He seemed upset about it and said he would take care of it. All day went by and we heard nothing. JUST this morning he said he had taken care of it and our release would be coming. So, we're still waiting on that and hope there are no repercussions from this. Freedom! I believe in freedom of choice. Won't sign another buyer agent contract, sorry good agents, but it's giving away all the buyers control. We were very trusting and depending on the agent and it became a threat to our finding a house. We've already lost four months really. Thanks for all the GOOD advice. Buyer's beware! Be SURE of your agent before you sign! Agents, I know some will think I'm not being considerate of you, but some are so overly defensive you don't see the other side. I know you work hard and sometimes get burned too. Please keep your buyer's interests before your own though. This turned into a hurtful situation and didn't need to.

in my opinion, it's inexcusable that you've left two messages and an e-mail for the managing broker, and have yet to receive the courtesy of a callback.

Call her again today, and stress (calmly) that you'd prefer to speak to her and resolve this issue, but if she can't return your phone call today, you'll be forced to go directly to the Colorado Real Estate Commission and file a formal complaint.

See if that brings her to the phone. If it doesn't... be prepared to back up your threat.

Good luck, and I'm sorry that you've had to go through this. I can see why you feel that the Realtor is holding all of the power. But things will continue to feel that way until you wrest it from him.

PMG,

I would contact the local real estate commission and see if they can provide you with something to use so that you can then sign a new contract and continue with the sale.



Sean Dawes

Thanks everyone for your input. It's helping through some pretty anxious days! Called the managing broker twice and left messages. Emailed. No answer yet. I would really hate to drag another agent into the middle of this. (although one of you sounded up to it!) It's been over a week we signed our termination of the contract. So another week, at least two we can sit here and do nothing. I have referrals for other agents, just will have to let them know up front, I can't do a buyer agent agreement. If that doesn't work for them, I will have to go elsewhere. I just couldn't handle the stress of it. Thanks again. I'll let you know as soon as we hear something. We are new to the Denver area and we know we just picked a lemon, cause you people sound reasonable!

PMG,

thank you for the additional info. Based on what you've said so far, I would have expected the broker to get back to you within one day at the most. It really should have been within a few hours IMO. Also, you as the buyer really control the agreement if it came down to mediation or arbitration as the burden of proof is on the agent. However, none of this does you any good right now at this moment.

And as for filing a complaint with DORA, that will take a long time as well and the most your going to see is a reprimand for the agent, and by the time that happens your agency contract will probabaly have expired anyway.

So, as for what I would do in your shoes right now. Call the managing broker, tell him the blogs are alive with curiosity wanting to know who he is..? ask to be let out of the agreement subject with holdover provisions on the houses you've looked at with the agent, and then call an attorney and get official legal advice. An alternative would be to find a new agent you want to work with and have that agent call the other agent and/or managing broker on your behalf. good luck!

PMG

I'd just like to say that this agent you are working with is ridiculous. He needs to be exposed. I'd say tell him to bring on the legal action so that you can completely expose his ridiculous pretending to be a realtor and tell him you are prepared to sue to get out of the contract. I have a feeling he's just playing hard ball with you trying to scare you into not buying with anyone else. You have lots of ways to get out of this.

Secondly if you go to http://www.dora.state.co.us/real-estate/index.htm you can file an official complain to the Real Estate commission. Be as detailed as possible. As a Realtor it is serious to have a complaint filed against you and could lead to the loss of his license which I feel would be absolutely reasonable.

I heard a quote the other day, "Pigs get fat and Hogs get slaughtered" . This guys sounds like a guy who's gotten fat off taking advantage of people. In fact lets go a bit further. Let me call his broker and file a complaint and take it as high as we need to go. As a professional Realtor this guy disgusts me.

Give me a call and lets knock this guy out,

Daniel Herron
Keller Williams Advantage Realty
720-323-9178
danielherron@kw.com

Contact their broker review the terms and conditions of executed buyers rep agreement. Sorry hear you having problems however undetermine cause of action of agent for you terminate the agreement.

Thanks for filling us in on that. Call his Broker.
It seems like you need to move on and get a home.
Brian

Pmg, have you actually tried calling your agent's broker? Its hard to imagine that the broker would not take this seriously enough to at least return your phone call.
Since we don't use buyer agent contracts where I am I don't know if you could find another agent that you like, explain the problem to the new agent, and let them deal with the old agent. The new agent may have to split commission with the old agent or compensate in some way but that would be their problem, no longer yours.

I worked with this agent two months and brought him the information on homes. He showed us homes as we asked the first two months. (short sales included) We had some real good deals get contracts on them before we ever got an appointment to see them. Then he made a comment that he would show us a home we asked about, but didn't want to waste his time if we weren't going to like it just because it wasn't a certain style. I told him we really don't know enough from the pictures or description on the mls. After that, and him showing us houses that had foundational issues and not being concerned over that, we stopped sending him houses. He never sent us anything. We never heard from him. After two more months we asked that he release us from the contract. I wrote a very nice letter explaining why, and told him it was not personal. He was very apologetic at first, like he owed us a dinner for his comment! We don't have a house, do we want a dinner?! Then, two days later he sent an email saying we "threatened" his income and he would threaten him with legal action if we tried to buy a house or use another agent. Still haven't heard from his manager. So, yes, it IS still in the brokers hands as to our future in purchasing a home with anyone else. Please try to understand this as if YOU were the buyer. I have done more than my share. This agent took time to show houses and print the information I gave him, that is all. Not that we don't appreciate what he did, but please comment based on my information, because we all know there are two sides, but I need to know what WE can do. I do not feel in control of this important decision because we signed something in good faith, which he said either of us could get out of if not satisfied. Being the trusting people we are, we took him at his word. We will try contacting this manager, as every hour is nerve racking.

Best advice I've heard is to talk to the broker.

As to threatened legal action, remember the standard Right-To-Buy contract in Colorado has a provision that requires mediation before litigation...so you don't necessarily have to be afraid of a lengthy and costly battle if the broker doesn't work it out for you, and if they ultimately decide to pursue the matter.

Best of luck, Tommy

In a good agent/client relationship, regular communication is essential. If an agent is doing their job, the buyer knows what is being done for them.
Pmg, how long exactly were you working with this agent before you asked to be let out of the contract? I would hope that if you are aware that many hours have been spent on your behalf, you would understand why your agent wants to be compensated in some way.
Although we are only hearing one side, it seems absurd to me to force someone to do something as huge as buy a house with the assistance of an agent they strongly dislike.

Sorry, I have to respond again.
Most Agents answering are Kissing up to you hoping to get you as a buyer, There are 2 sides to every story. Maybe your Realtor is doing good and you do not realize how much work he is doing? What is your price range? If it is lower there are many, many buyers looking at homes and you need to act fast to get the home.
The ones sitting are most likely not the best homes.
Brian
http://www.kennarealestate.com/idx/

pmg, In one of your questions you said "you did all the work"
Finding homes on the internet is not all the work.
Finding homes is only a fraction of the work.
Your Agent did not get the chance to keep working.
Why do you want to cancel? Home many homes are you looking at? Are you reasonable on your home needs?
Are you looking at Short Sales you can most likely never buy? Are you looking for a $300K home for $175K or something?
Brian