Sharon Jones, Home Buyer in Florida Center, Orla...

New home construction. The builder has given me an option to cancel my contract due to an error on their end. Builder has offered new deal.

Asked by Sharon Jones, Florida Center, Orlando, FL Sun Jul 7, 2013

With cancelation of current contract I would like to change realtors. Current realtor did not find builder , I did on my own. However, I did bring Realtor for signing of contract. Am I obligated to keep this realtor when signing new contract with same builder. Thanks SJP

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Antonio Vega…, Agent, Saint Cloud, FL
Sun Jul 7, 2013
I'm with John Bourassa on this one. Specially his second point. Eliminating the Realtor from the transaction, after you ask them to come in for contract signing, sounds a little dishonest. But if the builder has offered to give you a better deal without having the agent involved I would run away. Imagine what the builder will be willing to do behind your back to the construction (cut corners to save) if he is willing to stab in the back someone he works with frequently. That is not only dishonest, it is bad Karma.
1 vote
John Bourassa, , Fort Lauderdale, FL
Sun Jul 7, 2013
Dear Sharon,

I feel that you are obligated to continue with your Realtor for the following reasons:

1- Even though you have found the Builder on your own, you have made a conscious decision to bring in a Realtor - I assume that you brought in a Realtor as a professional to look out for your best interest in this purchase.
2- If the "Builder" made the "error", then, why punish the Realtor, whom you have invited in for professional guidance? Unless it was it the builder who suggested that they "made the error" simply to get you to agree to cancel the Contract which the Realtor is involved in and start a new contract without the Realtor so they won't have to pay the extra commission to the Realtor and perhaps reduce the price by the amount they would have to pay the Realtor..

You need to do soul searching, Sharon.
1 vote
Annett T. Bl…, Agent, Fort Lauderdale, FL
Mon Jul 8, 2013
Good morning Sharon,

since Realtors can not give you legal advise you should consult with your own attorney. There could be several legal issues involved.

If you are not happy with your Realtor of course you can fire him/ her. I am having a problem since you self said that you find the Builder, but brought your own Realtor when negotiating and signing the contract. Why did you bring the Realtor for the negotiation in the first place if the builder wants to give you a better deal without a Realtor? Why didn't get you from the builder a better deal in the first place? Why doesn't the builder honor the contract who is in place now? Is he afraid that the Realtor, who will present your interest, interfere with his (builder) interest. Are you aware of all the legalities to the Real Estate Contract?

There could be several contracts you have to look into. You could have a contract with your Realtor. The builder could as well had been provided a registration from your Realtor so that the Realtor is protected and the builder can not sell to you.

Are you sure the builder will held to the contract if you sign a new one? This builder seems to me very shady. Let us know the builder so we all can stay away from him.

Please understand this is not a legal advise and consult with your own attorney.

Good luck to you!

Annett T. Block
Florida Connects Inc.
0 votes
Nicole, Agent, Plantation, FL
Mon Jul 8, 2013
Sharon. Always consult an attorney when a contract is in question. Typically, brokerages have an in-house attorney, use this service through your Realtor!!
0 votes
Maria Sabio, Agent, Fort Lauderdale, FL
Sun Jul 7, 2013

I definitely agree with my colleague John B. Your Realtor should be contacted.

Maria Sabio
Chane Realty
0 votes
John Doherty…, Agent, Tamarac, FL
Sun Jul 7, 2013
Each builder has their own guidelines. In an effort to entice agents to bring their clients to new construction sites they try to protect them as much as possible. Generally it is within a six month period. Having said that no builder wants to lose a sale because the potential buyer wishes to change realtors for whatever reason. Hope that helps.

John D Fortino, Sales Manager
Access USA Realty, Inc.
0 votes
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