I have been trying to terminate my buyer's agreement with my Realtor due to incompetence, but his broker won't release us from the

Asked by Spooky01, Eden Prairie, MN Wed Jun 29, 2011

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Nathan Wolf, Agent, Charlotte, NC
Thu Jun 30, 2011
Call the local Realtor Board. You can probably go to arbitration instead of having to hire an attorney.

ALSO... note that many Realtor Buyer Agency Agreements are cancellable if you send written notice of cancellation (email is usually sufficient) but definitely a mailed copy is good, and then HIRE A NEW AGENT. This is the important part. HIRE A NEW BUYER AGENT.

When the new agent is hired with a new buyer agency contract, the old contract with the previous agent is no longer valid. Check with the local Realtor Board to see if this is the same in your state.

IF THIS WAS HELPFUL GIVE ME A THUMBS UP OR "BEST ANSWER". Thanks.
1 vote
Spooky01, Home Buyer, Eden Prairie, MN
Thu Jun 30, 2011
Thanks for all your help. I think the attorney route is probably the right way to go. I really appreciate all of you taking the time out of your day to answer me!
1 vote
Chris Block, , Saint Paul, MN
Thu Jun 30, 2011
geez spooky that is a crazy story!

- Mack is probably right the best thing to do if you want to get this over with is just pay an attorney a couple hundred bucks to review the contract. It sounds like there is proof this agent did not meet their contractual obligations and should have no recourse against you.

- Matt is also correct you could just stop working with him. I would think the contract will expire soon? most likely whatever you buy now there will be no procurement issues.

- I would not advise getting another realtor involved until you resolve this on your own. It really comes down to an ethics issue and we are not supposed to persuade people to cancel their contract with another person to simply work with us. You won't see anyone on here self promoting themselves for hire because that just won't work.

- Of course I am sure there is someone out there that would do it anyways, but considering your experience ha that might not be the agent for you:)

good luck spooky!
1 vote
Mack McCoy, Agent, Seattle, WA
Thu Jun 30, 2011
We can't help you, Spooky.

I'm pretty certain that you can't just run around breaking contracts, and that if you had to go up in front of a judge, your position would be that you broke the contract "because." and I don't know how that would play out.

The simplest thing to do would be to call up a real estate attorney and pay them a couple of hundred dollars to review your agreement with the agency and write a letter demanding cancellation.

You could also just tell the broker to stay out of your life, go find another agent, and if these guys show up at the closing table demanding a fee, you could fight them then.

All the best,
1 vote
Chris Block, , Saint Paul, MN
Wed Jun 29, 2011
It pretty much comes down to what was in that contract you signed. Randy is right on that I have no idea why he would want to continue working with you if the relationship is just not working. The only way I could see this is if we had procurement issues where you are in a purchase contract already.

If it is indeed incompetence then he is breaking his contract with you and I would suggest complaining to his association if the broker is not willing to cooperate.

good luck!
1 vote
Anna M Brocco, Agent, Williston Park, NY
Wed Jun 29, 2011
If the broker owner is not releasing you, consider asking to be assigned another agent from within for the duration of your agreement.
1 vote
Matt Jahr, , Sartell, MN
Thu Jun 30, 2011
I agree with Mack and the other agents. Most brokers/agents wouldn't want to work with someone who didn't want their services. I would suggest writing a letter yourself, or having an attorney outlining your dissatisfaction and saying that you are going to work with another broker. After you have done so, I would let them attempt to come after you and fight with them at that point.

Thankfully I have only had one instance where a client wasn't happy with my service. I didn't do a very good job of outlining and explaining my responsibilities to him, so his expectations of me were far beyond the scope of the agreement and what I was comfortable doing. I happily cancelled the contract and referred him to another broker that I thought would be a better fit for him.
Web Reference:  http://www.tech5mn.com
0 votes
Spooky01, Home Buyer, Eden Prairie, MN
Thu Jun 30, 2011
By the way, this is a very large Twin Cities brokerage.
0 votes
Spooky01, Home Buyer, Eden Prairie, MN
Thu Jun 30, 2011
Spooky 01 here. It's a long story, but these are our two main issues:
1) Our Realtor misled us into thinking we were closing (and therefore moving) on the home we were selling and the home we were moving into on May 17. He didn't intentionally mislead us; he just didn't read (or perhaps read but didn't understand) the short-sale addendum. That meant we had to sell our house but didn't have anywhere to go. The person who was going to move into our home also thought she was moving in May 17 as well. We had packed up our whole house, forwarded our mail, took two weeks off of work, arranged for babysitting and hired movers, which all came to a crashing halt when, wondering why we hadn't gotten confirmation from the closing firm, called the listing agent and found out that we were never supposed to close on May 17; it was just a deadline from the bank. The bank still hasn't made a decision and won't until at least August, so we had to cancel that contract. It's been a nightmare. I have emails to prove that he really believed we were closing on both properties on May 17. We are not blaming him for the short sale delay, only that we didn't know anything about it and, apparently, he never thought to ask. I don't believe he had ever handled a short sale before, although he said he had.

2) We agreed to give him a second chance and have him put in an offer on a building lot that I found (he never found us any properties; I found the one above as well) first thing in the morning. For some reason no one can fathom, he completely disappeared that day, not answering emails, phone calls or text messages. By the time he re-emerged at 6:30 p.m., the property had sold 3 hours earlier. He said he had left a message with the listing agent in the morning, but a call to the listing agent quickly ascertained that he had called only at 6 p.m. and that, had he called in the morning as he agreed to do, we would have had a chance to put in an offer.

These are just the two biggest things, but there are plenty more on his trail of destruction. He has also called us "selfish" and our remarks "cruddy," which we find unprofessional. We don't think he's malicious, just thoughtless and haphazard, which are two not-very-good qualities for a Realtor.

We believe the contract is null and void as a result of his failure to look after our best interests, but I guess this certain firm is desperate for business; the broker refused to release us from the contract and threatened to "sue" us for any lost commission should we buy with another Realtor. According to our contract, they can take us to arbitration, but is it worth it for something like $2K or $3K when I've had to file public complaints about them? Any other insights would be much appreciated. Thank you to everyone for your input.
0 votes
Michael Emery, , Minneapolis, MN
Wed Jun 29, 2011
I think it might be helpful to have a few more details about your situation. Otherwise we're just whistling in the dark.

Do you have a house under contract with this agent? What is your reason for wanting to break your agreement? What grounds does the broker give for not releasing you from the agreement? Is this a small brokerage or part of a much larger company?

Please fill us in with some details so that we can give you a proper answer.
0 votes
Ron Thomas, Agent, Fresno, CA
Wed Jun 29, 2011
It is a shame that YOU have to jump through hoops because of someone else:

I would suggest dropping by the local MLS office; take your paperwork and ask for their help.

Good luck and may God bless.
0 votes
Randy Pereira, Agent, Helotes, TX
Wed Jun 29, 2011
Hi Spooky01,

As Realtors, we aren't able to interfere with a binding agreement, to include consultation on breaking it.
Legal Counsel may be your best option.

However, your buyer rep. agreement should clearly outline roles and responsibilities of each party.

I don't know any agents that would want to represent someone, who doesn't want their service.... Unless, they were the ones to identify the property, place a purchase contract..etc.. (earned a commission basically), but haven't been paid yet!

Hope this helps in some way,

Randy Pereira
ULTIMA Real Estate
Web Reference:  http://www.trust2move.com
0 votes
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