Should my representing REALTOR get paid if he/she didn't find the property i bought and he/she didn't show up?

Rafa
Home Buyer
Albuquerque, NM

for closing?

Answers (15)
None
Other/Just Looking
Albuquerque, NM

This situation proves that not all Realtors are created equal! The agent should be there with you for Contract Signings, Inspections, Appraisal, and Closing even if it is a spec home. Although the agents job is already completed by closing and it is not necessary to be there; you requested that they be there. Sounds like they didn't have to do alot of the work in the transaction; least they could have done was shown up for the closing like you requested.

By all means contact the Qualifying Broker in the Office, you can call any of the Prudential offices they will get you to the correct Qualifying Broker. I am sure they would be very interested in the way the agents underneath them are conducting themselves!

You also might want to read your New Mexico contract Cover Page 1 Paragraphs A,C, and D these are the broker duties required by law!

Wed Apr 23 2008, 08:42
Beth Allen
Agent
Port Orchard, WA

Rafa: It may please you to know that because your agent was assigned to you through relocation, she will be getting a greatly reduced commission anyway (at least 35% off her normal amount). I still would contact the broker or manager so that they can counsel the agent so that she does better in communicating and meeting her clients' expectations in the future.

Wed Feb 20 2008, 11:49
Deborah
Agent
Chicago, IL

a call to the agents broker is in order

Wed Feb 20 2008, 11:22
Alan May
Agent
Evanston, IL

Call your agent's main office number, and ask for the managing broker. Don't call your agent's "direct" line, call the main number.

They'll be more than happy to give you the name of the managing broker, and connect you with him/her.

Wed Feb 20 2008, 09:59
Rafa
Home Buyer
Albuquerque, NM

Thanks for your advice, the problem here is where can I find her managing broker. this real Estate agent was assigned to me through my company and they have relocation package where they encourage you to use Real Estate agents from Prudential.
I'm located in Albuquerque, NM.
Thanks

Wed Feb 20 2008, 09:56
Alan May
Agent
Evanston, IL

I would be absolutely amazed if you would have posted anything different - "protect the nest".!
_____________

So happy I didn't disappoint you, there's simply is no ethics breach, and no illegal activity. Just a stupid agent.
Please, prove me wrong.

Wed Feb 20 2008, 08:08

" I don't think there was a breach of ethics, or anything illegal, just poor judgment and bad business practice "

I would be absolutely amazed if you would have posted anything different - "protect the nest".!


-

Wed Feb 20 2008, 07:55
Alan May
Agent
Evanston, IL

Good advice T-man...

the only thing I disagree with, is the BBB. Unfortunately the BBB is a toothless agency, and in my opinion, a waste of time. I think you'd have far better results with the managing broker, and if that's ineffective, the local real estate board.

In Rafa's case, while I feel her agent acted unprofessionally, I don't think there was a breach of ethics, or anything illegal, just poor judgment and bad business practice... so it's not something that the board is going to be interested in... but I assure you that her managing broker will be very interested in hearing this complaint, and I wouldn't be surprised if they end up making this the subject matter of their next office meeting, entitled: Don't mess up the deal, leave the client happy, attend those closings!!

Wed Feb 20 2008, 07:50

Rafa,

Sadly, welcome to real estate 101 ....

My guess is she's being paid out of the closing via the seller(?) .. you've become another unit sale on the board, nothing more.

The only way is to get with her broker - not her ... he may cut her out because of the huge complaint ... but definitely go to the office and find out the situation immediately, if you wait, they will show no importance and no urgency for your issue.

If nothing happens in 48 hours ...

http://realtytimes.com/rtpages/20041208_agentcomplaints.htm
http://www.outrageousagents.com/
http://www.aaronline.com/documents/eth_comp_proc.aspx

Brokers are just like car dealers, they hate bad press ... 1 tells 10, 10 tells 100 and 100 tell 1,000 ... then file with the BBB.


Good luck.!

Wed Feb 20 2008, 07:38
Alan May
Agent
Evanston, IL

Rafa, I totally agree that this was unprofessional. She should have told you she was unable to attend, especially when you made a point of asking her to be there. Unless she had some emergency, and it sounds as though she didn't, she could have/should have made arrangements for someone to be there with you, to hold your hand (figuratively) through the process, and just "not showing up" is inexcusable.

I would place a call to her managing broker, and register your unhappiness at the situation. Unfortunately, I don't think there's anything that can be done to this agent "financially" regarding her commission, but perhaps, between you and the manager, you can work out something that might be satisfactory to you.

Wed Feb 20 2008, 07:18
Rafa
Home Buyer
Albuquerque, NM

Yes, I'm very disappointed with this agent. She not only didn't show up for closing. Even though I have talked to her before closing and ask her to come, she said she would show up, and she didn't. The closing was scheduled for 12:00pm and the last time i talked to her to see if she was coming (12:30pm) she was already on another "appointment / closing", which means she didn't plan ahead or reserve enough time for my closing appointment. Plus, I never received a phone call from her to say I'm sorry, or congratulations on getting your home. I think that is very unprofessional and I would like for her to not get paid or at least penalized.

What are your thoughts?

Wed Feb 20 2008, 07:00
Alan May
Agent
Evanston, IL

Rafa, if the agent helped you purchase the home (assisted with negotiations, inspection, keeping to deadlines.. etc...) and if they are the agent "of record" as far as the listing/sale is concerned, then yes, they will likely be paid. There is no specific "requirement" that the agent be the "one" who found the property, although it does help if they "showed" the property. There is no requirement that the agent attend your closing, although I believe an agent "should" attend any and all closings that their clients will be attending. Closings can be very stressful, and it helps to have your agent with you to explain things.

Also, you do recognize that unless you signed an exclusive buyer's agreement that makes you responsible for the agent's commission, that your agent will be paid out of the seller's proceeds from the closing.

It sounds as though you're peeved with your agent. Did something go wrong? Were there problems, personality conflicts, delays?? What happened that you're so irritated with your agent that you'd question whether they should be paid? Is it merely that they didn't show up at the closing, or was that the final "straw that broke the camel's back"?

Wed Feb 20 2008, 06:45
Adam Tobia
Home Buyer
Farmington, New Mexico...

Legally you don't have a contract, they didn't show you the home, I'd say nothing.

Wed Feb 20 2008, 06:33
Rafa
Home Buyer
Albuquerque, NM

I found and bough a spec home. The real estate agent did not show me the house nor she was present during closing. What are her responsibilities? When does a real estate agent shouldn't be paid?

Mon Feb 11 2008, 12:35
Renee Dettmann
Agent
54601
FIRST ANSWER

Hello! I am intriqued with your question but I may need a bit more information for the second part. The first part of your question, should the REALTOR be paid if they didn't find the property. Yes, if they assisted you in procuring that property. We don't always find the property but we are there to assist you in the procurement and helping throughout the transaction. I would be happy to find the correct property for a client and they really don't need to look at all. Some people prefer to find the property themselfs and then call when they want to see it. Some agents don't work that hard and may not look at all the possibilites but most do.

What didn't the agent show up for? The showing, closing or another appointment?? An agent needs to show the home to get paid in our state, WI. They do not have to show up at the closing....it may have been rescheduled several times or at the inconvience of the agent..ie. they could not be in two different places at the same time.

I hope this was helpful and you are enjoying your new home.

Mon Feb 11 2008, 12:18

Didn’t find what you were looking for? Ask a question!

More Q&A about Home Buying in Albuquerque

View all »
where Is this house?
Answered Sat Nov 21 2009, 14:25 by David Stafford in Albuquerque
Read the answer
where Is this house?
Answered Sat Nov 21 2009, 14:25 by David Stafford in Albuquerque
Read the answer
Home pricing right now
Answered Mon Nov 2 2009, 11:33 by Celine Hermain in Nob Hill
Read all 2 answers
Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 158
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback