No buyer's agreement, but poor service from my agent. Any legal reasons I shouldn't try to find a new agent?

Asked by A Prospective Buyer, 03303 Sun Feb 28, 2010

I was never asked to sign a buyer's agreement with my agent. After trying to work with her for about a month, I realized we don't communicate well; she is not on-top of sending me listings (and only tends to send them after I make multiple requests); she generally can't answer my questions about the property and isn't very knowledgeable about the areas that I'm interested in; and even though I give her advanced notice of places that I'd like to see, I find out when we go out to the property that the necessary arrangements with the seller or listing agent haven't been made ahead of time. Overall, I'm dissatisfied with her service and am considering finding a new agent. Is there any legal/monetary reasons why I shouldn't go with a new agent?

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Michelle Gon…, Agent, Los Alamitos, CA
Sun Feb 28, 2010
If there is no buyers agreement, you should be free to work with any agent you choose. There is nothing wrong with that. You can try looking up agents in your area over the internet (Trulia) or stopping by an open house or two so you can find an agent you would like to work with. Don't be afraid to tell them upfront what you expect in an agent.
1 vote
Brian McMurr…, Agent, Tawas City, MI
Mon Mar 1, 2010
If I were in the situation you've described I would find a new agent. Obviously your call on next steps, securing legal advice etc...
0 votes
Scott Godzyk, Agent, Manchester, NH
Mon Mar 1, 2010
Good Morning,

If you have not signed a buyer brokerage agreement then you do not have a buyer broker. You should have also been asked to sign a a mandatory agency disclosure form for NH that expalins the different types of agency and specifies what that agents responsibilities and duties are to you. It si awful for any buyer not to be treated with the utmost respect to the buyer wished especially when you tell them up front what you are looking for and expect. If you would like any assistance please feel free to gove me a call or send me an email. Sorry i missed your question yesterday but we finally got power back overnight and finally have heat and internet. I hope things were not as bad where you are. thank you
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Dallas Texas, Agent, Dallas, TN
Sun Feb 28, 2010
If you don't have buyers rep agreement signed she not participated in procuring a property, BASED on your author statements best move on to another agent.

Sorry read you have had problems

HOWEVER if you have an executed agreement those terms and conditions govern what you can or can't do terminate professional relationship

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A Prospective…, Home Buyer, 03303
Sun Feb 28, 2010
Thank you, all, for your prompt responses.
I think much of my frustation comes from the fact that I thought I was clear about my expectations before I started working with the agent. Anyway, thanks again.
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Sun Feb 28, 2010
A Prosp. even though I can't "give you legal advice"............I can't see any reason why you can't find a new agent. There is nothing in writing binding you to that agent.

If your agent is as bad or negligent as you are saying.........heck, even I would want someone new!

Have you tried to discuss this with the agent? Might be a good idea - If for no other reason, than she might learn from it for the future .

Good luck!
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Mack McCoy, Agent, Seattle, WA
Sun Feb 28, 2010
I'm coming to the opinion that, if a buyer doesn't have a contract with an agent, they don't have an agent; if an agent doesn't have a contract with a buyer, they have a prospect.

Hopefully, someone local can answer the question of "procuring cause" to your satisfaction.
0 votes
Bill Eckler, Agent, Venice, FL
Sun Feb 28, 2010
It sounds as if you are free to make a clean break but our recommendation is to do so in a manner that is up front and responsible. Have a frank conversation with the agent making them aware of your reasons for making the may sting, but it could cause the awakening for them to get beyond their current issues.

Good luck
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