Buyers' Agency Agreements typically run 1 year. But anything can be
written in the space. If you sign anything with an agent - you should get
a copy. If you didn't get one, and she didn't mention one in her email
to you, it probably doesn't exist.
Every Buyer's Exclusive Agency Contract I have seen stipulates that the agent/Broker
will be 1. diligent and 2. act in the buyer's best interest. The first agent
Start with the 1st agent's broker. You can even file a complaint with that
agent's local Board of Realtors. But speaking to the broker will probably
do the trick.
If someone is not delivering the type of service you expected based on the agreement made; you should be able to terminate the relationship.
If you DID SIGN a Exclusive Buyer Agency Agreement, you'd be obligated to work with her, UNTIL it expired or UNLESS you terminate it in writing. Buyer agreements can range from any dates the agent & client agree upon. I typically sign buyers for 3 months, sometimes less or more, depending on their needs. (A need's assessment is done at the buyer's consultation in the beginning before we search for homes)
If you DID NOT SIGN any Exclusive Buyer Agency Agreement with her, then you are technically not obligated to anything.
PLUS, our state only allows a buyer to sign EXCLUSIVITY with ONE AGENT, unless there is an addendum or changes made to the original Exclusive Buyer Agency Agreement.
In the State of NY we have a "buyer's agent" or a "seller's agent" role, and there are written agreements that are attached to those relationship titles. If a buyer doesn't hire an exclusive buyer's agent, then by default, the law states the agent is actually working for the seller. This is called a sub agent, not a buyer's agent.
To other buyers out there:
Interview your agent, ask them questions before you meet, (How long have you sold real estate professionally? Are you a full time agent? How will you make yourself available to me? How will I view properties for sale? etc.) ***A buyer's consultation will reveal a lot about their skill level, their commitment to you & your needs, and what to expect when you're buying. Once you meet and understand who you're dealing with you can make the decision to work exclusively with them or not.
--->Take the time to set up a consultation with an agent BEFORE you sign or buy<---
For more information contact
MICHELE NASTRI 315 701 6996
A commission is due to the Realtor who closed the transaction.
I am assuming you did not sign any kind of contract with her. If you did, have your attorney take a look at it.
Bottom line...you have a right to deal with whomever you wish.
Thanks for the thumbs up!
Clients of mine have spread good words about me on places like Zillow,
Trulia, Homes.com, my website and others. But I don't believe most
people google names of Realtors to help them determine whether or
not to work with that person. So, it will be important for you to
remember to recommend your good agent to your friends who are
looking for homes to help save your friends from being abused by agents like the first one.
Nothing in our business is more important than a personal referral.
You are not obligated to use her unless you signed a contract to do so. If that is the case ask to see the contract. If it is not the case.. learn a great lesson not to select a representative for the biggest purchase of your life on a personal ( not professional ) referral.
unless she can produce a document that you signed (and I would insist on her showing you that she has a legitimate signed document that hasn't expired)... then you can use whomever you please.
Even if she has a signed document... I would think you'd have a strong case in going to her managing broker and asking that it be vacated, based on her poor performance and your lack of confidence in her.
I'm curious how this agent found out that you were interested in a new property.. and managed to send you such a "timely" threat.
Did you sign a buyer's agreement to use the first agent? If not, she can't
make you use her. Certainly not in Indiana. If you signed a contract with
her that is still active - meaning the time hasn't run out, you may have to
speak with a lawyer. In the meantime, the first agent was not the procurring
cause of your recent purchase.
In any case, contact the first agent's broker and tell him/her why the first agent's
work was substandard - the same tale you told us here. Ask the broker to inform
the first agent to stop contacting you.
Congratulations on your new home,