Home Buying in Ohio>Question Details

Julie, Home Buyer in Ohio

Can I get out of buyers-agent contract in Ohio?

Asked by Julie, Ohio Tue Jun 17, 2008

My finace and I are looking for houses. When we first started we weren't very serious, but we found the house of our dreams quickly. Since we didn't have a real we just used the agent who happened to show us the house.

Since then we lost the bid on that house and she has caused us nothing but trouble.

She doesn't help us find houses. She doesn't do research on the houses we are considering. She makes us do all the work and doesn't even answer all the questions in the emails.

Somehow when we were bidding on that house we signed a contract for 6months. I am very upset the way she covered this up. She said the agreement we were signing only recognized her as our agent. Never mentioned anything about having her be our agent for 6months. I know I should have read it carefully...but is there anyway to get out of this huge mistake we made?

0 votes Share Flag Home Buying in Ohio

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Art is exactly right. In fact, I never have a client sign one of those agreements. If I do my job and they trust me, they will stay with me. You are free to use any agent you wish and feel comfortable with. If she hassles you about it, call her broker/manager. Just call her main office number and ask for the manager.
Web Reference: http://www.liveinakron.com
2 votes Thank Flag Link Tue Jun 17, 2008
Yes. Ask for a mutual release with the agent. If you cannot get it from her, find out and contact her broker to get your mutual release. It behooves the broker (and the agent) to let you out because they wouldn't want the "bad PR".

Good luck Julie!
Web Reference: http://www.ArtHotes.com
1 vote Thank Flag Link Tue Jun 17, 2008
must be an ohio thing. i got rooked into one of these also. go back and reread yours. i thought mine was for every house, but when i reread it, it was only for the house i made an offer on. maybe yours is the same.
if it is for every house then call her broker.......her boss that is the head of the company she sells for. and tell him the situation and asked to be let out of this.

if not report her to the realtor's board for sneaking that paper in a pile and not explaining it to you.
0 votes Thank Flag Link Mon Jun 23, 2008
Hi Julie,
Very sorry that you have had a bad experience with this agent.
Several suggestions:
1.) Read the contract that you signed. If you do not have a copy of it, your Realtor needs to produce it. If she hesitates, she may not be telling you the truth about your obligation. If you do read it, the Buyers Agreements that I am familiar with, provide a Mutual Release clause. You may only need to provide her with written notice & a 24 hr. notice to release you.
2.) You may wish to speak to the manager of her office. Review the situation calmly, request to be released because you are not able to work with this agent any longer. You may also take the position that you will refuse to consider any homes that are listed by that brokerage.
and finally-
3.) Buyer agency agreements create a very specific Legal & ethical relationship in Real estate as defined by the Agency definition. If she has not treated you honestly or failed to service your needs, assuming that your demands have been reasonable, you can advise her that you intend to register a complaint with the Ohio Dept. of Commerce, Division of Real Estate against her unless the situaution can be resolved.

The hassle & expense of fighting a complaint just isn't worth it to anyone. I would use this hammer as the last resort. If you need that website, e-mail me back & I can look it up for you.
I hope that you can get this resolved peacefully & quickly. This is such a fantastic time to be a buyer that it would be a shame to miss the buying opportunities that are out ther along with the great mortgage rates available. There are also some great programs out there for 1st time home buyers.
Good luck!
0 votes Thank Flag Link Tue Jun 17, 2008
I have to agree. If someone wants out of the agreement, then whhy would a broker hold them hostage in our information society of today, as it would be SO easy to spread bad PR about that agent and company.

I use these agreements, but not for six month periods, and ONLY after a long explanation and consultation of what they are actually signing to I ask them to sign the agreement - it is similar to a listing agreement with a seller.

The agreement should spell out exactly what her responsibilities to you as her client are and if she is failing in that, then she is in breach - but you should consult an attorney to decide that for you.

Good luck!
Web Reference: http://www.DaytonsDirt.com
0 votes Thank Flag Link Tue Jun 17, 2008
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