I've been working with a dual agent to purchase a property,can I hire a new agent to represent me even though my offer has now been accepted?

Asked by Audrey, Glendale, CA Wed Jul 3, 2013

Since my offer has been accepted a month ago, the agent has not been responding to any of my emails/calls regarding request for repairs credit/ building permits/ etc. Today, he told me to come sign the escrow papers but I still have multiple questions unanswered. I don't think he is representing my interests properly so I would like to get my own agent to negotiate with the seller and get the documents requested. Is it possible at this point?

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Dorene Slavi…, Agent, Torrance, CA
Wed Jul 3, 2013
Dear Audrey,
Yes, it would have been in your best interest to work with a "Buyer Agent". It's a little late now to try to retain one since you have done all the work with the listing agent, unless you are willing to cover the cost of your "Buyer Agent's" commission. If you are, then contact a local Realtor to discuss your options.
1 vote
Ron Escobar -…, Agent, Beverly Hills, CA
Wed Jul 3, 2013
You could get an agent to help you, but you would have to pay them out of yourown pocket. I am sorry you are going through this, but you can still get peace of mind if you gire a separate professional and it may save you more money in the long run... just make sure the new person you hire is actually good and able to help you.

1 vote
Caroline Har…, Agent, Northridge, CA
Wed Jul 3, 2013
It will be very hard to change agents at this point and keep your contract. Try contacting the broker and letting him know of the situation. Just make sure your contingencies are still valid so you have the ability to save your deposit money either way. If the broker doesn't respond, try calling Escrow and letting them know. If all else fails, give me a call and I'll see what we can do about it.

Caroline Harabedian
RE-Search Concept
8700 Reseda Blvd., Suite 213-B
Northridge, California 91324
(818) 967-9626 mobile
(818) 979-0226 fax
1 vote
I still haven't paid the deposit since I haven't officially received the acceptance from the seller nor the escrow instruction. The agent has just not done any work since the offer was accepted at the beginning of June. I don't want to lose this house so that is why I want to understand what could happen if I bring another agent in that transaction. Can the dual agent refuse to split his commission? Can the agreement be amended? Would you recommend I get in touch with the seller directly to discuss the repairs and other requests I have? Thanks.
Flag Wed Jul 3, 2013
Kawain Payne, Agent, Seal Beach, CA
Mon Jul 8, 2013
Hello Audrey,

You are preety much stuck with this agent..

When you go in to sign the escrow papers take a list of the questions you have.

Infom your agent you are not comfortable having so many unaswered , and not being able to reach him. Explain to him you are relying on him to guide you step by step thru this process.

If he continues to fail to respond to you, take the issue up with his broker.

Best of luck to you!

Kawain Payne, Realtor
0 votes
, ,
Mon Jul 8, 2013
Unless your agent is incapacitated/hospitalized, it's not unreasonable for you to expect a response
to both phone calls and emails, and if the person is unable to respond, they should have made some provision for others to respond for them rather than leave a client hanging the way you make it sound has happened to you.

If you have items that are unresolved, the legal question is do they fall under your contract terms as in items you set up as contingencies? And if so, did you release those contingencies without first
having the seller repair the deficiencies, or negotiating a valid amendment to the sale to account for them so you'd be paid or credited from the purchase price at closing? Your note didn't provide enough info for anyone to know what to tell you other than the advise to get in direct contact with
the broker prior to closing. If you still have a legal right to demand repairs or credits, it's up to you to enforce your rights. If you signed away your rights without understanding what you were signing,
you may be out of luck. If your agent signed off for you without your authorization or knowledge, then
you'd need a real estate attorney. This is not legal advise, but your transaction is governed by a
contract, and having your attormey advise you in addition to a realtor is a good idea.
0 votes
carlos parra…, Other Pro, Monrovia, CA
Fri Jul 5, 2013
It may be too late to change agents. I agree with the others, ask to speak to the agent's broker and have him "represent" you.
0 votes
Bayron Bliss, Agent, Bellflower, CA
Fri Jul 5, 2013
it's not a matter of dual agency or not it seems to be a matter of the agent not responding to your emails/calls and request for repairs. Definetly talk with his broker or office manager, may i suggest you visit them in person. You can always have your own advisorsyet it looks like from your share that you can not have a new agent at this point without resolving this with his office broker.
0 votes
Laura Coffey, Agent, Santa Clarita, CA
Wed Jul 3, 2013
I would ask your agent if they work under a broker. If they do I would ask the broker to step in and look out for your best interest. Remember to follow up every concern or question in writing so you have record. Ultimately any problems falls on the broker's responsibility.
0 votes
hello Laura, thank you for your response. This person works on his own. I tried to bring another agent to represent me but my current agent doesn't want to hear about it. Since I do want this property, I may have to move forward even if many questions/requests are still unanswered. However, can I report this agent to the realtor association or dre for his work ethics and the way he handled this transaction? I am not sure what I can do. Thanks
Flag Fri Jul 5, 2013
Cindy Davis, Agent, San Diego, CA
Wed Jul 3, 2013
You've been given some good advice. Speak to the agent's broker. See if someone else from the company can step in to represent you Thank you for your question because rarely is dual agency a good idea!
0 votes
Charles Irv…, Agent, Los Angeles, CA
Wed Jul 3, 2013
Hello Audrey

Thank you for allowing me the opportunity to answer you questions .
I agree with Caroline that you should speak to the realtors broker about your concerns . It sounds like maybe you have already release contingencies on your offer . I would review your contingencies to see where you are in this process . This will be very important because you do not want to lose your deposit and you do want the seller to sue you . I am speaking in general terms that you can drag your feet about signing any documents until all your concerns have been addressed. I am not providing you any legal advise here , I am telling you to work with your current realtor to get what you want..

Charles Irving
323 239-4273
0 votes
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