My wife and I just moved to an area in NY and have decided to buy a house. The agent that we've been using

Kane Wands
Home Buyer
Minnetto

is, well, getting on our nerves. She didn't bother showing up for the 2 home inspections we've done, not even bothering to call saying that she wasn't coming and leaving freezing in the cold for over half and hour in each event; she finally showed up during a follow-up inspection (the water wasn't turned on the first time,) and there she tried to get me to sign a document waiving my inspection contingency clause even though the inspection hadn't been completed yet. I didn't sign. Is that proper procedure? Sounds fishy to me. I have a contract on a house with her as my agent, but I no longer trust her and would like to work with someone else. Is it possible?

Thanks for your time,
Kane

Answers (4)
Kane Wands
Home Buyer
Minnetto

Hello again,

Kane here...offering thanks to all those who've offered their advice about my issue. I have contacted the broker in charge of the agency I was working through and he has agreed to take over the handling of our contract himself. I am grateful for all of your help.

Best,
Kane Wands

Wed Feb 25 2009, 12:35
Douglas Montgom...
Agent
Douglaston, NY

It is customary in upstate New York to utilize the services of a Buyers Broker, in which case the agent's fiduciary responsibility would be to you. You would have signed something that said she represented you in the transaction, and I believe that is what you indicated in the end of your statement. I would suggest you contact the owner of the company direclty and speak with them about your concerns. If you are truly in contract for the house there could be legal ramifications to you backing out of the transaction. You have the right to file a right to file an ethics complaint against the agent and company if they are members of The National Association of Realtors.

Very truly yours,

HomeNY Corp.



Douglas Montgomery, Broker

Web Reference: http://www.homeNY.com
Wed Feb 25 2009, 12:16
Joanna Lane
Agent
Southold, NY

If you are already in contract to purchase the house, and the agent represents the seller's best interests, not yours, then you could bring in your own agent to deal with her and look after your best interests, not the seller's. But you are quite far along the path towards closing for that, so I think I would stick with the agency where she works and ask the broker to have words with her, or you might want to confront her directly and explain your concerns. The broker is responsible for his agent's actions and if you request they make sure the transaction is managed at the highest professional standard until closing, they will oversee every aspect. After that, you never have to see her again. Good Luck.

Wed Feb 25 2009, 11:58
FIRST ANSWER

Mr. Wands
Sound like you and your wife really need to think some things over. I understand, your cocerns
and the expectations you are seeking. If the agent is not performing to his or her duty to represent the public professionally, honestly and ethically speak with the agent or her broker. The agent and brokers will not loose a client. That will ensure proper representation of their clients.

Wed Feb 25 2009, 11:55

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