Home Buying in 07202>Question Details

Brownsugaribm, Home Buyer in 07202

if i am finding out everything through my lawyer and not my agent can i replace and not have to pay her if my contract goes through

Asked by Brownsugaribm, 07202 Thu Apr 7, 2011

she is part-time and not giving me the full attention that i am due leave text and voice msgs not responding back can i replace her for this reason and not have to worry about any repercussions there are things my lawyer is telling me that should have been known by my agent.

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Brownsugar,
Your attorney should be protecting your interest and making sure that you're not being taken advantage of. Unfortunately, in a lot of cases the real estate agent has to find out whats going on from you.

This happens because your attorney (who is supposed to copy the agent on all correspondence and dealing's) does not, thus you know more about whats going on then your agent. I believe you'll find that true in most real estate transactions. I have dealt with some great attorney's and not so great ones even to point where I didn't know when the closing was. In most cases, It's not always the agents fault.
1 vote Thank Flag Link Thu Apr 7, 2011
Brown,
If the agent does not have a prior relationship with the attorney, then yes it is hard for an agent to get information, especially if the attorney has no office staff this makes it more difficult. I suguest that you and your attorney with your agent communicate via e-mail where everyone involved in the transaction get C.C. -ED on, like this everyone is on the same page I do this with my Buyers, Sellers, mortgage brookers and attorneys and the feed back is positive. No one is left out of the loop. All e-mails are saved until transaction is completed and their is an e-papertrail. Then if your agent still does not responde then you have proof and go to her broker and request another agent within the same office to service you better. The seller in this case the bank pays the commision and believe me they have been cutting our fees, and these short sales are a lot of work.
0 votes Thank Flag Link Thu Apr 7, 2011
BTW,

I totally agree with Joe San Angelo, that sometimes the attorneys do NOT properly communicate with the agents (on either side) by copying them on all correspondence, and the agents are left in the dark.

It happens, and is VERY frustrating to agents when, like Joe said, we don't know if we are out of attorney review, if deposits and mortgage commitments were received on time, if inspection repairs have been settled, when the closings are, etc, without having to make phone call after phone call after phone call.
0 votes Thank Flag Link Thu Apr 7, 2011
Brown,

Just curious but what information are you finding out from your attorney that you think you should be getting from your agent? Agents cannot give legal advise AT ALL.

Agents can/should guide you through the process from contract to closing, run interference when a problem arises, make sure all proper papers are obtained that are needed for closing, be there for inspections, etc. but cannot give legal advise.

You don't say it outright, but I am assuming you are the buyer. If you are the buyer, the seller pays commission so paying or not paying her is not on you.

Even if you are the seller, if you feel your agent is not giving you all her attention, then do mention it to her, even in a voice message if necessary. Then if she still doesn't respond, do call her broker and discuss your problem. But first give the agent a chance to know that you are not satisfied with her service and give her a chance to remedy the situation.
0 votes Thank Flag Link Thu Apr 7, 2011
Go talk to her Broker of Records and see what he/she says. The owner of the real-estate office.
0 votes Thank Flag Link Thu Apr 7, 2011
Brownsugar

Your Agent and Your Lawyer should have two seperate positions agents are not allow by law to answer or give legal advice. Most lawyers do not have a clue about real estate markets or homes for that matter. If you agent is not serving you the way you think she or he should call the Broker of the Company he or she is really who is working for you.

Most people do not realize that the agent is just a underlink of the broker of record of the company you are working with and this is where you need to take your complaints. That beinng said since you have not stated it if you are the Buyer you are not paying the agent the seller is or as I say it comes from the transaction. If you signed and exclusive Buyers Agreement and the agent is not proforming per the agreement then again call the broker.
That being said if your contract goes through and you get the house you want at the price you are happy with the agent has done their job in most cases.

There are other issues that a good agent follows up on including but not limited to making sure your lawyer is in fact doing their job also but not all agents like lawyers are created equal. As to the paying of the agent if your deal goes through the agent and the broker are intitled to be pay it is call Purcuring Cause.... If you get the home and you want another agent you will have to pay for them.

Hope th helps like I said Call the Broker

Tim Robbins
Exclusive Buyers Broker
Web Reference: http://buyersonestop.com
0 votes Thank Flag Link Thu Apr 7, 2011
If your agent found you a home and negotiated contract which is now being tuned by attorneys your agent has completed a good bit of her work. Yes she needs to follow up and be aware of how things are moving along, unfortunately often attorneys do not keep agents in the loop and as a result your attorney is the logical contact for status. (only your attorney can make changes to contract so for example if inspections create issues while agent should be guiding/ advising the attorney must also and will have the duty to adjust contract terms if needed. (agent cant change your contract terms). I suggest you email agent as this may allow you both to communicate when your schedules conflict. If she is part time wasthis a problem when you were looking? (that would have been the time to switch, not now) Let her know your concerns and give her opportunity to address.
0 votes Thank Flag Link Thu Apr 7, 2011
You can only replace your agent without paying her if you can prove that she breached the contract. Agent representation agreements are pretty tightly written, so if you want to fire your agent you need to put all your complaints in writing.

Give her an opportunity to do a better job and if she doesn't you need to document her breach of the contract. You might also try writing a letter to her broker and expressing your concerns.
0 votes Thank Flag Link Thu Apr 7, 2011
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