Home Buying in Wynnewood>Question Details

Gp, Home Buyer in Chicago, IL

Switching buyers agent....worried about procurement cause or other fees agent might want

Asked by Gp, Chicago, IL Fri Jun 14, 2013

My wife and I are relocating to PA. My wife signed a non-exclusive buyers agency agreement with a buyers agent (I didn't sign) who has taken us on some home tours. The homes we visited were all selected by us through our own searching on trulia/zillow e.t.c. We've not made any offers on any homes either as we were waiting to sell our home first.
We are not happy with our agent at all. She does not send us any leads. We constantly have to send her homes we're interested in. She has no clout in the area we're looking in; she's tried to get a call back from a leading selling agent in the area and didn't get one for over 2-3 weeks. She doesn't know of properties that might be coming on the market e.t.c. Worst of all, for homes which we said we liked, she was not able to provide us with any type of data; comps, selling agents history e.t.c. She promised us to do it about a month ago and we never received anything.

How do we go about cancelling this agreement?

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Answers

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you have all the right to hire or fire your agent. If there is no fee mentioned in the contract that your wife signed, you should not be charged. And in PA, sellers pays buyer agent, not buyers.
It is important to work with a agent who is local, knows the market and is responsible.
best wishes,
0 votes Thank Flag Link Fri Jun 14, 2013
Also, re: procurement, it is only valid if you end up purchasing a home you saw with her. Re: fees owed, your new agent can speak with her when the time comes and offer a referral fee. This happens from time to time. While not ideal, this is one solution.

The agent certainly shouldn't want you running around badmouthing her, so they will usually agree to. At the end of the day, there is an argument that while she showed you first, she was not procuring cause, which would require that you chose to buy a certain property "as a result of Broker's efforts." Obviously if she hasn't provided comps and advised you, that will not be the case.

As I said, it is not an ideal situation, but it happens from time to time and it is what it is.
0 votes Thank Flag Link Fri Jun 14, 2013
Hi GP, Line 19 of the NBA clearly states that the "Buyer is not obligated to a Term, nor are Broker and Buyer obligated to work with each other." You do not have to do anything further to stop working this agent, but as a courtesy I would send her an email. Don't be afraid to be truthful, so long as you are nice about it. If she is open to criticism, it will make her a better agent.

While I hate to see a fellow agent go through something like this, if you are open to interviewing new agents, I would be happy to have a phone chat with you and/or you wife.

I often choose a selection of the best of the best homes to show my clients, especially relocating clients as your time is extremely valuable. I am currently representing the incoming CEO of a major institution in the area and would be happy to provide them as references.

I have built mutually-respectful relationships with the other top brokers on the Main Line and it has helped my clients in the past.

I am also a data freak and often do a data dump of the comps, convert to Excel and send to my clients to analyze along with me.

If I sound like the type of broker you might want to represent your interests on the Main Line, please consider calling or emailing me.

Have a great Friday and good luck to you and your family.

PS - I think being a member of the Sotheby's International Realty group, rated the Most Prestigious Real Estate Company by the Luxury Institute in 2008, helps open doors. I want to assure you however that we do all price ranges.

Eric Axelson, Associate Broker
Kurfiss Sotheby's International Realty
856.617.1212 m
axelson@kurfiss.com
http://www.kurfiss.com
Web Reference: http://www.kurfiss.com
0 votes Thank Flag Link Fri Jun 14, 2013
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