Home Buying in Madison>Question Details

Sandra, Home Buyer in Madison, OH

My realtor isn't working in my best interest. How do I teminate the "exclusive agency agreement.buyer agency"

Asked by Sandra, Madison, OH Thu Jan 22, 2009

I signed a contract "buyer agency". My realtor refused to put my offer in on a house saying that it would not be accepted. Finally she did and they accepted it. But then I needed to get money in from USDA approved for certain projects. She said they would not approve it and took my offer out, then gave the house to another client. I want to terminate our contract, but am unsure where to start.

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I have to agree with the other agents that have answered this question, but the next time you are working within an agent, do put in the buyer agency that you the buyer can rescind the buyer agency if you the buyer feel the Buyers Agent is not doing their job. The broker is the most logical choice to help remedy the situation you are in.
2 votes Thank Flag Link Thu Feb 5, 2009
My experience has been that most realtors don' act in your own interest, and rather in their own. My advice to you is to be very active in the process, read every line of your contract and protect yourself.

I agree, put your concerns in writing. If your agent has not satisfied their end of the buyer agency, you should contact the broker that the real estate agent is in breach of contract and the contract should be terminated. Realtors thrive on the fact that most people don't educated themselves about the process.

Best of luck
1 vote Thank Flag Link Tue Apr 21, 2009
As a broker, I am always protective of all of our clients,regardless of which agent is the designated representative. However, I also know that some of the initial stories I hear from both consumers and agents leave out part of the important parts. It often requires that I secure answers to direct questions before I can ascertain all the facts and determine what I, as broker, can do to ensure clients are properly represented.

What reason did the agent give you for not delivering your offer. Agents must deliver offers, although, the offer may need to be in writing. If the seller or listing agent has provided specific instructions, such as "Signed disclosure and preapproval must accompany offers" and the agent relayed this info, the agent was acting properly in relaying this crucial data to you.

Can you expand upon the "need to get money in from USDA"?

I suggest that you contact the broker. I do not recommend that you hire an attorney at this point, nor do I recommend that you contact the association at this point. If you believe that you were not properly represented, contact the managing broker's office and see what the broker can do to meet your needs. If that fails to satisfy you, and you still believe you need additional support, then contact a higher authority. Chances are very good that the broker will resolve the issues promptly.
1 vote Thank Flag Link Thu Jan 22, 2009
Deborah Madey, Real Estate Pro in Red Bank, NJ
MVP'08
Contact
Sandra,

Our recommendation is to begin by putting your concerns in writing and submitting them to both the agent and the agent's broker manager. Request a meeting with the broker to further explain and clarify your dissatisfaction with services you have been provided and request that your "exclusive agency agreement" be terminated.

Good luck
0 votes Thank Flag Link Thu Jan 22, 2009
Start buy reading your contract under "Termination of Agreement". This is a contract with the agent's Broker and you. It cannot be unilaterally terminated, absent a material breach. The Broker should be able to address your concerns and find an agent in his/her firm which you are willing to work with. I am not able to give legal advice and this should not be construed as such. Communication is the keys to resolution.
Web Reference: http://www.TienandJim.com
0 votes Thank Flag Link Thu Jan 22, 2009
Hi Sandra,
There are a lot of great answers here. I would suggest contacting the agent's broker via email ( so you have verification of your grievence ) If you can't get things resolved through the broker, by all means contact an attorney. (This shouldn't cost much at all). When your contract is terminated, I would suggest that you interview at least 2 new agents for the job. Buying a home is probably the biggest single purchase any body makes, and it is important that you feel confident in the agent you have chosen to represent you.

Good luck,

Valerie
0 votes Thank Flag Link Thu Jan 22, 2009
Good Afternoon Sandra,
I think you would be wise to call the agents Broker and see if this issue can be resolved, that way at least the Broker knows what their agent is doing.

Good Luck!
0 votes Thank Flag Link Thu Jan 22, 2009
I would write a letter to the broker and the association where it belongs. Also for your best intrest you should check with an attorney.
0 votes Thank Flag Link Thu Jan 22, 2009
Sandra,

Wow. That is truly awful! We are not able to discuss how to terminate the contract, but it sounds to me like it's time to contact an attorney. Best of luck and I hope it all works out. -Mark
0 votes Thank Flag Link Thu Jan 22, 2009
Sorry to hear all this, consider speaking with your buyers agent broker express your concerns and terminate agreement. Broker makes decision and amendment would need be signed by both parties
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Thu Jan 22, 2009
First of all, refusing to put your offer in is illegal! Once an offer is submitted, your realtor can not take your offer off the table. Your best approach would be to put you disappointment in writing and copy the office broker. In it state the realtor code of ethics, and your belief that your agents interest was noit with you in mind.
Hope this helps, should not be an issue to terminate agreement.
0 votes Thank Flag Link Thu Jan 22, 2009
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