Home Buying in 78704>Question Details

Jake, Home Buyer in Austin, TX

Need to fire my buyers agent asap. What are the forms required?

Asked by Jake, Austin, TX Wed Apr 7, 2010

I found the property. He made offers without my consent.

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27
Realistically speaking, the relationship between agent and client should be cooperative and mutually beneficial, not competitive or adversarial. At the first hint that it is moving in the wrong direction, then the agent or client should communicate that fact. On the whole, Real Estate agents have a great amount of integrity, but there are exceptions. This situation might be more complicated, but it doesn't have to be "messy". In the end, real people are involved, so the first step should be discourse.
1 vote Thank Flag Link Fri Apr 30, 2010
that sounds very strange and there must be more to the story?

If the case is clear cut that your Agent signed your name to an offer and submitted it to a seller, you should call his/her Broker immediately and then notify the texas real estate commission. that is unlawful and deserves immediate legal attention.

On the other hand, if you are saying that you found a FSBO property and asked your Agent about it, and the agent called to negotiate verbally on your behalf in any way, then this is a different scenario.

Sounds like you may simply want to chop the Agent out of the deal - maybe because your loan amount wont qualify at the current price and the seller will lower the price without the Agent's fee attached??

What is the scenario at hand, and maybe we can give you a good idea of how to prevent a nasty situtation that could end up costing you additional dollars later.

There are code of ethics and laws in place to protect you, and Agents, from malicious activity out there.

Let's here your situation....?
1 vote Thank Flag Link Thu Apr 8, 2010
My guess is that since this was originally posted almost two years ago, the issue has been resolved.
0 votes Thank Flag Link Sat Apr 14, 2012
I would speak to a Real Estate attorney to answer your question since there seems to be some possible ethic violations.
0 votes Thank Flag Link Sat Apr 14, 2012
What!!?? Unbelievable! Never heard of anything like that. Besides, your agent cannot submit an offer without your signature. Did he/she fake your signature?

You want to fire your agent? Very simple. Send him/her an email or text to that effect.
0 votes Thank Flag Link Tue Mar 20, 2012
Jake,

Totally ignore my 1st post because it was based on more normal but in this case incorrect assumptions. I just can't imagine an agent competing with his/her own client for the same property. You clearly have cause to terminate the BA agreement.

Send an email or fax to the broker followed by a certified letter that notifies the broker that their firm has been terminated. Make sure your new agent knows the details of the problem you had because your new agent could still have a problem being compensated, You may also need to guarantee your new agent some amount of compensation in case the 1st agent's broker decides to file for arbitration.

Your may also wish to file a complaint with the Austin Board of Realtors since TREC has a 3 yer back log. You can always file with TREC later. Commission issues are always settled before ethics issues so the complaint you file with ABoR may depend on whether the sale has closed, etc.
0 votes Thank Flag Link Fri Apr 30, 2010
Contacting an agent's broker seldom leads to resolution of any issue. That's why I recommend sending a letter to the broker and immediately following up with a written complaint to the approrpriate group (TREC, Realtor board, etc).

I've contacted brokers regarding unethical behavior of their agents many times in the past and have not once has the complaint been met with anything other than disdain for me. I no longer waste my time. I now send a courtesy letter and move straight to the next level.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Fri Apr 30, 2010
>>There is a big difference in assumptions that can be made from your original post "He made offers without >>my consent" and your most recent - "my buyer's agent tried to buy it out from underneath me".

Actually, there's not a big difference in contract law. Either situation is a violation of the buyer's agreement.

Problem is when this stuff happens, you can protest but the broker may ignore you and not terminate the agreement, but the buyer needs to go forward.
0 votes Thank Flag Link Thu Apr 29, 2010
Shawn due to possible legal issues it would be inadvisable for me to provide more details.
0 votes Thank Flag Link Thu Apr 29, 2010
now - that's the info that was needed from the get-go, Jake!

Nobody would suggest you pay an Agent a commission who isn't due a commission.

There is a big difference in assumptions that can be made from your original post "He made offers without my consent" and your most recent - "my buyer's agent tried to buy it out from underneath me".

Anyhow, I'm curious, was this home on a greenbelt? I think I know which one, and yes, you'd be getting a great deal!
0 votes Thank Flag Link Thu Apr 29, 2010
Long story short, I found the property and my buyer's agent tried to buy it out from underneath me. Yes I notified the broker of possible fraud, etc. etc. but they didn't respond; so it was impossible to terminate the agreement.
I got another agent. Interesting that some of you suggest that my original agent still deserves a commission.
0 votes Thank Flag Link Thu Apr 29, 2010
If you have a written buyers agent agreement that you signed, you need to terminate your agreement in writing. You also need to contact this agent's Principal Broker immediately, like yesteday and talk with them and inform them of possible fraud. Their Principal Broker will take the proper channels to address this problem and help resolve any issues.
0 votes Thank Flag Link Sat Apr 10, 2010
Thanks for everyone's response. Sorry but I can't provide more details to a long story in a public forum like this.
I've gotten legal advice and determined that the buyer's agreement was breached and there
is possible negligence.
0 votes Thank Flag Link Fri Apr 9, 2010
Jake-
I hope this transaction didn't escalate any further! Did you get the actual form? If you want to email me at TaylorShults@gmail.com, I can email you the form you are looking for, to print out.

Good luck!

Taylor Shults, Realtor, GRI
512.667.4738
0 votes Thank Flag Link Fri Apr 9, 2010
Jake,

If you have a written Buyer Agency Agreement, you may still owe the agent a commission even if the property is a FSBO and/or you found it yourself unless you put specific exclusionary language in the BA Agreement. If you buy a property that your agent showed you, that agent might still be due a commission, even if you fire the agent, if the agent can prove he/she was the "procuring cause" of the sale. You need to speak with the Broker-in-Charge. If the Broker is the agent, you may wish to contact the Austin Board or REALTORS and ask for an Ombudsman to help you sort out where you stand.

As for the agent making an offer without your consent - just know that an offer is not a contract until both the buyer and seller sign it. There has got to be more to this story. You need to discuss the details with the Broker or Ombudsman.

You need to understand that agents work on a contingency basis and only get paid at closing. There is a lot more to a purchase than finding a property. Just think how much buyinga home would cost if you had to pay a retainer and an hourly fee or had to pay each time you did a property search or looked at a property detail report. All these nice online resources cost money and it is the agents who are paying for them.
0 votes Thank Flag Link Thu Apr 8, 2010
If in fact your agent made offers on your behalf without consent, you may wish to have a conversation with the broker owner of the realty company, express your concerns and ask that your agreement be terminated immediately.
0 votes Thank Flag Link Thu Apr 8, 2010
Jake was not too clear about the agent making offers without his consent. Maybe he meant that the agent wants to buy property himself...

Either way, it is bad.
0 votes Thank Flag Link Thu Apr 8, 2010
If the buyers rep signed your name to an offer without your consent, thats bad. If they inquired about the property verbally, thats good agenting. When you sign the buyers agreement, you made an agreement with that agent and the contract expects you to live up to the deal.
0 votes Thank Flag Link Thu Apr 8, 2010
Jake,
Give me a call and I will help you do whatever you want with or without your current agent.
Forms, Advice, Discussion. There are steps to take that will aloow you to do what you want.

Bill Austin ~ 512-709-6343
0 votes Thank Flag Link Thu Apr 8, 2010
Did you sign a buyer's agent agreement?
If you did..... They aren't 'cutting in on the deal'

If you buy this house, the agent WILL get their commission and RIGHTFULLY SO!!!!!!!

Making offers without consent is strange though....

Good luck!
0 votes Thank Flag Link Thu Apr 8, 2010
Hi Jake, making offers without your consent - not a good thing. But while I do not endorse an agent making an offer without the consent of her buyer, a writing is not complete without being put in writing with your signature. Nonetheless, if the agent has violated your trust and you have lost confidence, then I suggest you discuss this with her manager/broker. I think you may have just asked a question about a termination form for the Buyers Agency Agreement which I answered. Request that the manager/broker release you from whatever you've signed and provide that understanding in writing.

Best,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Wed Apr 7, 2010
Jake

You need to fill out a Termination of Buyer/Tenant Agreement. You should notify the agent that you are doing this as well.

Pamela Peck
Realtor
Keller Williams Realty
pamela@kw.com
0 votes Thank Flag Link Wed Apr 7, 2010
When does the buyers rep agreement expire? What is the protection period? I would suggest discussing the matter with the agent and his/her broker. If this doesn't work, #12 of the Buyers rep agreement states that you will dispute through mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. I would also check with the Austin Board of Realtors and Texas Real Estate Commission. Hope this helps.
0 votes Thank Flag Link Wed Apr 7, 2010
thanks for responses, but I just need the form, the RE agent was trying to cut in on the deal
0 votes Thank Flag Link Wed Apr 7, 2010
Jake, Shawn and Guy pretty much put it perfectly. As Shawn said, I would talk to the agent first, then their broker if you have to. If you still get nowhere (ie: the broker is not sympathetic to you or the agent is their own broker and refuses to cooperate with your request to terminate the business relationship), the next step would be the Austin Board of Realtors (ABoR) or the Texas Real Estate Commission(TREC).
I hope things work out for you and I'm really sorry you're having a bad experience. Bear in mind, most Realtors do not conduct business as you described. I pride myself on honesty, excellent service , client loyalty, and the NAR Code of Ethics, and I teach that to my students as well. Sincerely, Joe Jarusinsky, REALTOR/Master Instructor, Keller Williams Realty, (Ranked #1 by Buyers 2 Years in a Row by J.D.Powers and Assoc. consumer survey, BTW)
0 votes Thank Flag Link Wed Apr 7, 2010
That's an unfortunate situation and definitely beyond the scope of your agent's duties. An agent should never put forth an offer on a property verbally or otherwise without the consent of their client. The first thing you should do is to let the agent know you do not want to work with him or her based on that fact. It is possible you can end the relationship based on a mutual agreement at that time. If that does not work, or the agent requests some kind of mediation, you should go to his broker. It is always best to state all this clearly, and use an email as well so that it is in a written format.

Let me know if you have questions.
0 votes Thank Flag Link Wed Apr 7, 2010
Termination of Buyer / Tenant Representation Agreement.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Wed Apr 7, 2010
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