Is a buyer's agent agreement still valid if my realtor's license expired?

Asked by Patient Buyer, Jamaica Plain, MA Sun Jan 25, 2009

What happens if I signed a buyer's agent agreement with a realtor, but then their MLS license expires. Does that negate the agreement? Can I find another realtor to represent me? Do I still have to honor the commission owed to the agent on the properties we have already seen? Any help would be appreciated. Thanks.

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Jan Crosby, , West Roxbury, Boston, MA
Wed Dec 1, 2010
Dear Buyer, I would feel very uncomfortable about continuing to work with this agent. You may want to be assigned someone else in the office or find someone with whom your are more comfortable from another office. Write a letter requesting termination of your contract and see how they respond,.
Determine if you fee comfortable with another agent in that company or want to try to move on. If you feel bullied, consult a lawyer.
Jan Crosby
RE/MAX First
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Toni Diamond…, , 08054
Sun Oct 18, 2009
The full details of your buyers agent agreement will be the best avenue to determine the answer to that question. Typically the contract between a buyer and Realtor is between that buyer and the "Broker/Company" with the agent as the employee performing duties of the contract. If that is the case, I would think the agreement may still be in effect. But, if the contract specifically states that you will be serviced by a specific agent, it may be a contingency that allows you to void the contract since the agent's license expired.
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Territory.c…, Agent, MA,
Mon Jan 26, 2009
Sounds like there is a good loop hole to get out of your agreement but definitely check the dates prior to moving in a different direction. Procuring cause is what determines whether the agent is owed a commission on the properties you have seen. Unfortunately "procuring cause" in regards to real estate transactions is pretty grey terminology; It pretty much states: "A broker will be regarded as the "procuring cause" of a sale, so as to be entitled to commission, if his efforts are the foundation on which the negotiations resulting in a sale are begun. A cause originating a series of events which, without break in their continuity, result in accomplishment of prime objective of the employment of the broker who is producing a purchaser ready, willing, and able to buy real estate on the owner's terms." ... If you decide to buy one of the houses you simply saw with your old agent it would be pretty difficult for them to prove they had an unbroken series of events that lead to you buying that property and collect a commission. Your new agent should help you go over the "chain of events" and determine if there is any real worry and then be willing to handle any commission disputes between their firm and the old agents (take the weight off your shoulders).

Hope that helps! best of luck
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Dana Schuster, Agent, Slidell, LA
Sun Jan 25, 2009
Your realtor is not legally allowed to conduct any real estate business while his or her license is expired. There would be sanctions imposed by the Real Estate commission,including fines & agent would be requiredto return any money earned while license was expired. If your agreement was with the broker rather than the individual agent,you could ask to be assigned to another agent in that company.if only with the agent,I would think you were free to walk. The agent cannot represent you without a valid license.
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Wen Farina, Agent, Reading, MA
Sun Jan 25, 2009
It sounds like you do not wish to work with this realtor anymore. Check the agreement dates on your contract and what the commission is. Typically Realtors will not enforce it if you want out (i.e. you are just no happy with the service he/she provides). Your best bet is to speak with him/her and explain your situation

Century 21
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McCormack Sc…, Agent, Jamaica Plain, MA
Sun Jan 25, 2009
Hello patient,

You are officially (probably) bound to the Broker (the company)
They could refer you to someone else.
Being an owner myself, I would release a buyer right away if MY agent was not in possession of a valid license.

I am goign to ask our lawyer that we have on retainer tomorrow just to see if there are things I am not thinking of.

Good luck, I am sure it will work out well and you will find a great place with the right person.
My company is in JP, if you have other questions, feel free to give us a call.

Karen McCormack

McCormack & Scanlan RE
68 South Street - Jamaica Plain
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