How ever you decide to proceed with or without your existing agent, you really had best have a conversation with the listing agent as well prior to writing another offer. If I was that seller or the sellers agent, I would be extremely leary of you as a buyer the second time around without a full expalnation of exactly why you cancelled the first time. If your actions are not understood, you may be deemed as a buyer who cant make decisions, a little too dangerous for a seller to deal with.
PS, going with another agent will open up a massive can of worms for your new agent, and since procuring causes in AZ is determined by "a series of unbroken events that lead to a sale," Your agent has a dang good chance of prevailing, while your "new" agent might get nothing. Call the broker of your existing agent and ask him or her how that matter may be resolved.
I had no question as to whether or not you are a credible buyer, but that is exactly my point..the seller and sellers agent have no idea the real reason you cancelled....lack of response from your agent while a short time period remains. Very understandable. Your actions may be deemed as quite suspect without an explanation. I dont blame you a bit for cancelling within your time period in light of the circumstances, and I dont think the seller or sellers agent will either, but right now, the seller probably thinks you just dont want the house and will wonder why you didn't make repair requests the first time around if you indeed wanted the house without an explanation. Without an explanation, they will not understand why you are coming back with another offer and people avoid what they can't understand or relate to. If they envision you to be an unknown factor or a loose cannon, they may opt to take their chances with the market, rather than miss an opportunity to sell to a legitimate buyer while being tied up with someone they have (falsely) dubbed a "flake." Good Luck!
Then there's also the "procuring cause" aspect of real estate. In general, if REALTOR A was the first one to show you a property (which is usually easily figured out by looking at lockbox records), REALTOR A is the procuring cause, and has thus earned the commission. In the absense of a buyer broker's agreement, however, procuring cause is difficult to enforce.
Of course, the best course of action is open, honesty. Better to be open, honest, and direct, than to get surprised later in time. If the reason you want to use REALTOR B, is because you feel you've found a better REALTOR, then tell REALTOR A that. REALTOR A can probably work out a referal agreement with REALTOR B that makes it worth everyone's while, and you gets the representation that you desire.
First, you sound like an A+ client to me.
Your concern over the issue of mold, once raised during the inspection period, is a serious concern and one well worth cancelling over, if you can't get to the bottom of it before the inspection period ends. When you are working toward a 15 day escrow, then by day 8, I'd be twitching myself if I had something as serious as an undetermined mold issue still lingering, with no apparent resolution in sight.
Holly's point about procuring cause, and how its defiined is quite accurate, "an unbroken chain of events that results in a sale". With a cancellation, I think most people would consider that the chain of events have indeed been broken, and they certainly didn't lead to a sale. And without a buyer's broker agreement, REALTOR A is relying on my first statement to get himself back into an unbroken chain of events that result in a sale.
Also, if you did want to find out the licensing status of anyone in Arizona, here's the link to the Arizona Department of Real Estate:
You'll be able to look anyone up by name, click on their brokerage, and see who the designated broker is. I don't know why ADRE doesn't have a domain for that IP address for the database. I would joke about our fees and the cost of a domain at GoDaddy, but I'll save that one for after their next Super Bowl commercial.
Good luck in your purchase.
At his point I want to get to the finish line. I dont want to spoil a good meal at a great restaurant because the waiter was slow getting us the bill and running the credit card.
Good luck sorting this out!
"The Real Estate Doctor"
I agree with Holly. Call the Broker of the first agent and let him/her know that you are not satisfied but understand that it is his company that initially sold you on the property. Brokers are business people and want more than anything to get the sale done.
Just be honest, and make sure everyone involved knows why you are offing twice. Get the mold issue out in the open and give yourself time to inspect and close this time so you don't get pinned up against the wall. Write a cover letter to that affect and make sure it gets to the seller, that way they donâ€™t think you are a flake.