Home Buying in Pacheco>Question Details

Igor, Home Buyer in Pacheco, CA

if I sign a Buyers Representation Agreement-Exclusive, can I cancel it at a later date?

Asked by Igor, Pacheco, CA Wed Jun 16, 2010

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Dave Sutton, Windermere, Portland’s answer
I write mine for 90 days to work with me and a 90 day exclusion following (if buyer purchases any home I have shown them in that 90 days they owe me a commission).

It seems only fair (from my point of view, of course), that if I am willing to committ significant time and some expense to a buyer, they not flippantly waltz off to another agent.

That said, any time a client of mine is unhappy with my services, I will let them out of whatever contract. In this case I would keep the list of homes that I showed them, to which the 90 days applies (buy one of those homes within 90 days from either the end of the contract or the date I agreed to discontinue it) and you still owe me a commission.

I've never had a client ask to be released, and I do not have a buyer-broker agreement in every case.
2 votes Thank Flag Link Wed Jun 16, 2010
I don't use that contract. If someone doesn't like me and wants to go with someone else, then there is no way that I would want to tie them to me. I can't imagine trying to work with someone who wanted to work with a defferent agent. I am very busy, and have enough clients who DO like what I do for them. The best thing I can do for me, and the dissatisfied, is to let them go, and get on with business with somebody else. A commission is not worth the aggravation. Real Estate can be a happy fun job . I like to keep it that way.
0 votes Thank Flag Link Mon Nov 5, 2012
Legally no you can't without the agents consent. If you start working with another agent and go into contract before the expiration date you are legally obligated to pay a commission to the former agent according to law.

Now most agents probably wouldn't enforce it but I know some would. Except for some specific markets most top producing agents I know don't use them at all.

In other markets where there is a lot of jumping back and forth between agents then the practice is normal. A realtor doesn't get paid even if they take you through the entire process and get you into contract, if your deal doesn't close.

If you have reservations you need to find another realtor whom you know is the right one for you instead of wondering whether or not the fit works.
0 votes Thank Flag Link Sat Jun 19, 2010
Generally speaking no but the reality is is that you do not have to work with that agent until the agreement expires and that is your leverage. If not, find a new agent and discuss the matter with them sometimes they can find an arrangement that works.
Web Reference: http://bob2sell.com
0 votes Thank Flag Link Thu Jun 17, 2010
Hi Igor,
I work under contract with all my buyers and I always tell them they can "fire me" if I do not meet their standards! So far....so good! Please speak to your buyer agent and get the terms clear between you before you start working .
0 votes Thank Flag Link Wed Jun 16, 2010
This is a contractual matter. If the agent is not performing his/her duties, then you need to speak with them about your concerns. If that does not resolve the problem then speak with broker.

Dave's approach is a good one. You can always speak to a real estate attorney if there is a big issue but this will cost you some money.
0 votes Thank Flag Link Wed Jun 16, 2010
As stated earlier, like an contract, it depends on terms agreed to between the parties of the agreement.
0 votes Thank Flag Link Wed Jun 16, 2010
You can specify on the agreement for how long you want to be represented. Make sure that's clearly spelled out before you sign it.

I have a friend who signed one such agreement without reading it carefully. The agent put down one year's representation. When she wanted to change agents she was threatened that she is liable for commission to that agent even if she used another agent to find the property she buys.

So pay close attention to the timelines and the paragraphs relating to Broker compensation and buyer obligation to pay compensation. Additionally, specify what property or type of property you are obligating with this agreement. Some buyers may use one agent for residential property in a specific city, and use another for a different city.

Good luck.
0 votes Thank Flag Link Wed Jun 16, 2010
Hello Igor,

You will be obligated to work with that Agent exclusively for the duration of the Buyers Agreement, unless the Broker agrees to release you from the contract. I suggest you keep the Agreement capped at 1 month. If at any point during that 1 month you find yourself unhappy with the Agents services you should approach the Broker and ask to be released from the Agreement. Make sure that you get the cancellation in writting. Good luck!

Matt
0 votes Thank Flag Link Wed Jun 16, 2010
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