Hire a new Realtor, and make sure you let them know all of the circumstances surrounding this sale, so they can make a "back room" deal with the agent and her office, as to how much she will (or will not) be paid.
If you'd like, you can try to make life a little easier on yourself, and contact the managing broker of her office, and ask to be assigned to a different agent. Tell the managing broker your story, and explain that you don't have any confidence in this agent. You, as the buyer, have the right to work with whomever you choose. The broker can figure out who gets paid and how much.
You should fire her immediately and find someone who is willing to work for you!!!!
Julie Montgomery, RE/MAX Alliance, Greenwood Village, CO
Procuring cause is irrelevant to you but of importance to your existing agent, her assistant and any other agent that you might involve in this affair. Bringing in a new agent who is not aware of the whole picture may involve that agent in a future fight over commission for the sale. How would this affect you? You would likely be asked to testify on behalf of one side or the other in the anticipated grievance and/or arbitration hearing. I am sure that would make you feel very uncomfortable.
By the way, the assistant is being paid to be an assistant, so she does get paid if you buy the house. (By the wayâ€¦if the assistant is not licensed, that puts a whole new layer of difficulty on your problem.)
Alan May hit it on the head. (He has a way of doing that.) You should discuss this matter with the agentâ€™s broker/manager as soon as possible. State your desire to divorce yourself from any relationship with this agent but realize that you have been shown a house that you want by her team and realize that her team is probably owed compensation if you buy this house. The broker/manager will want the purchase to go through but will want you to be happy, also.
If the purchase of this house does not go through, find a new agent.
One more â€œbuy the wayâ€â€¦I am a California agent so laws and customs may be different in Colorado.
Regardless, that shouldn't impact the buyer... that's an issue between the selling agency and the buyer's agency. They can settle that between themselves, still allowing the buyer to purchase the property.
This is way more complicated than the buyers just "walking away" from their first agent.
If she is not licensed, I would highly recommend finding another agent to work with. A home is a huge purchase that should be guided by an agent who works with you and is helpful instead of a problem. Good luck!
IF you are really unhappy it would be better for you to let the Realtor know you will no longer be using their services and begin with another agent and other property.
Best wishes, Julie Montgomery, RE/MAX Masters. Inc., 303-906-3150
It doesn't sound good.
There is a legal issue here, called "procuring cause" and it's likely the assistant and or the Realtor will be paid, because they brought the property to you. You can complete the transaction with the broker in the office if you cannot work with this person, and that might be your best course of action (less expensive in the long run then a court case and lawyers). The Licensed Broker is actually the one in charge in the office and you might find this person to be very professional and easy to work with.
Realty is the same as any other profession...sometimes you have "simpatico" and sometimes you just don't. It's one of the reasons I insist upon meeting with my clients for a long discussion before starting to work together.
So sorry to hear of your dilemma with your agent. Agents should not be pushy when it comes to working with their clients. At this point you can go ahead and put the offer in with this agent or assistant if she is licensed. If you go to another agent now you still could have some issues with 'procuring cause'. Especially if this is a pushy agent. Once you write the offer and get it accepted, you won't have the same issues with the agent to deal with. I would suggest moving forward with her and get it done. The assistant gets paid by this agent and they have an agreement worked out. You don't need to concern yourself with that part of the issue.
Your Castle Real Estate
If you have had a good experience with the assistant, I would suggest that your first step should be to talk to both the agent and assistant. You don't have blame the agent or otherwise create friction. It is fair to simply let the agent know that you seem to have clicked better with the assistant â€“â€“ a personality thing. ( I am assuming this is a licensed assistant who can legally write a purchase contract for you.) My guess is that the agent will be understanding, especially if she is aware that your business will go elsewhere if you cannot come to an agreement that satisfies you. As for the commission,that is for the agent and assistant to work out between themselves.
Not so. That does not automatically break the chain. There are other factors in play. The other broker showing the home does not/may not automatically break the chain. If so, people wouldn't file procuring cause complaints.
When another broker shows the property and then writes an offer, the chain is broken.
Boy, I think you're right to be cautious. I don't know what capacity the "Assistant" had when showing you property, but if she's a licensed Broker, she may very well have "Procuring Cause" for any property she showed. Depending on her formal relationship with her team leader, they may all be entitled to a commission. If you write an offer with a different agent, you may create a problem for the new agent and or the listing agent.
The only real solution is; notify everyone, including the relevant Employing Broker, that you're severing all relations with the Brokers involved and go find a totally different property. The Agency agreement is important, but it doesn't automatically create or eliminate "Procuring Cause".
Waiting until the Broker has found you the property you want, is the wrong time to determine you no longer want to work with them.
Best of Luck!
Good luck with your home purchasing process.
Cherry Creek Properties LLC
I am sorry that you are not having a great relationship with your agent! After spending so much time and effort in locating the perfect home, it is important to have a positive experience with your agent.
Your agent should have prepared a Buyers Agreement with you before you ever even looked at any homes and she does risk losing you to another agent.
My advice is to be very frank and truthful with your agent and tell her exactly how you are feeling. That way she has the opportunity to amend her behavior with you and get on the right track. Staying on budget is extremely important and make it clear what neighborhood you prefer.
If you do choose another Realtor, just be truthful with her, let her know and there will not be any repercussions, as you have the right to choose whom you do business with. And just remember, it is business!!
Best of luck and happiness in your new home,
Becky Ivy Moore
Ivy Real Estate Denver
You can choose to write an offer with anyone you choose. Especially since you do not have an agency agreement with the first broker. If you did have an agreement you might owe two commissions.
If I were you, I would talk to the 2nd broker about showing you the property before making an offer.
Julie Montgomery, RE/MAX Alliance, Greenwood Village
Gold Real Estate LLC
Colorado Real Estate Broker
In your situation, I do not think the assistant can receive a commission, but again: ASK.
Hope this helps and congratulations on perhaps finding a home!
One could say that you have a relationship with the agent because they showed you some property and the assistant showed you property. However that agreement requires the agent to act in good faith and to be your advocate, which has certainly not happened. Neither are they to steer you to a neighborhood or put pressure on you to pay a higher price. This would negate the relationship. Unfortunately I don't think you can use the assistant without using the realtor you don't like.
A clean break would be necessary, I would get another Realtor, have them show you the property, and sign an agreement with them, when you write the offer. You could also terminate the supposed agreement with the current realtor by sending an email letting them know you are going in another direction.
If you need any help with that, let me know. I love taking on Realtors who are act in a wrong way for their clients.
Of course I'm not a lawyer so I recommend legal counsel.
Should that not work - I would be happy to assist you in purchasing your new home. There won't be any repercussions since there's no binding contract between you and your current agent.
Let me know if I can help you --
Cherry Creek Properties LLC