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....?
You want to fire your agent? Very simple. Send him/her an email or text to that effect.
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.
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.
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.
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!
I got another agent. Interesting that some of you suggest that my original agent still deserves a commission.
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.
Taylor Shults, Realtor, GRI
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.
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....
Unwavering Commitment to Service
You need to fill out a Termination of Buyer/Tenant Agreement. You should notify the agent that you are doing this as well.
Keller Williams Realty
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)
Let me know if you have questions.