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Asked by Newhomeowner, Rockford, IL Wed Mar 30, 2011

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Answers

22
John Walin, Agent, Libertyville, IL
Thu Mar 31, 2011
BEST ANSWER
Talk to the managing broker about your situation and discuss being reassigned to another agent in the office. You don't have a right to decide who gets paid and we as agents agree to arbitration rules and hearings in commission disputes. As for the competence issues you raise, sometimes the seller is a bank and wants the seller of record to described in a certain phrase. Or the addendum's were not available at the time of writing contract and the agent needs to back-fill disclosures after initial contract submitted. If she didn't give you your copies of buyer agreement and unaccepted offer, it might have been delayed a day since both forms require broker signature.
2 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Wed Mar 30, 2011
Talk to the broker/manager and explain your concerns and request that the agreement be cancelled. As far as the property that you've already made an offer on - procuring cause may be an issue here. For that particular property, I'd ask the broker/manager to get involved.

Good luck to you,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference:  http://www.feenick.com
1 vote
Leslie Ann B…, , Chicago, IL
Wed Mar 30, 2011
Hello. I am very sorry to hear that you are having such a bad experience. First of all you are not
required to work with any agent. I suggest that you contact her managing broker and share this
experience. You will also want to provide her in writing that you are terminating her as your agent.
The managing broker may wish to recommend another experienced agent to represent you in your
transaction.
1 vote
J Maggio, Agent, Chicago, IL
Wed Mar 30, 2011
I would contact her Managing Broker and explain the situation and ask for a written release.
1 vote
Alan May, Agent, Evanston, IL
Wed Mar 30, 2011
There is no 3-day period, on this (like there is on a loan)... but if you're truly unhappy with this agent, contact her managing broker, and ask to be released from the agreement. Give the managing broker a calm and polite list of your concerns, and hopefully she'll be able to, either, assign you a new agent from the office, or possibly release you from the contract.

You've raised valid concerns and they should be listened to carefully by her broker.
1 vote
Matt Laricy, Agent, Chicago, IL
Thu Mar 31, 2011
If that agent showed you the property, you can be stuck with them getting at least part of the commission. Call up or go meet with the managing broker and express your concerns. They should be able to help you out and assign you someone you feel more comfortable with. I am not sure what this "sly" call was about, but if it was illegal or unethical in anyway, that should be grounds to be able to get out of the contract with that particular agent, although the office may force you to work with someone in their office. Best of luck.

Matt Laricy
Americorp Real Estate
Brokers Associate, e-PRO
mlaricy@americorpre.com
708-250-2696
0 votes
Julie Anne Y…, Agent, Spokane, WI
Wed Mar 30, 2011
From my point of view and how I do business, I always share with my clients who are willing to sign the buyers representation agreement, that at anytime they are free to fire me. Yes, fire me. If I am not doing the job I promised upfront or if the buyer has realized I do not know what I am doing as a Realtor, then that buyer has the right to walk away and I will not contest it. Why would any Realtor want to keep working with a buyer who is uncomfortable with the way things are not progressing. BUT....if the buyer ask to be let out of the contract and goes to purchase any of the homes I did take my time and knowledge to find and show them, then I will not let that one go. If the buyer wants to be let out of the contract for what ever reason, that buyer can not go buy any of the homes I showed them with another agent. That is how I explain it to my clients.
0 votes
Deborah Smith, Agent, Oak Forest, IL
Wed Mar 30, 2011
Your contract is with the managing broker. Call the managing broker and explain you need to withdraw your buyers agent contract due to the fact that their agent is not living up to her end of the contract. The broker may
assign someone else or better yet accept the responsiblity of this agent 's shortcomings and not have you withdraw your original contract but fix the mistakes and have you proceed with trying to obtain this property. Deborah Bergthold-Smith Classic Real Estate 708-267-5552
0 votes
Dallas Texas, Agent, Dallas, TN
Wed Mar 30, 2011
PS if you were under contract with that buyer's agent who submitted the sales offer, YOU continue with another agent potentially you could be sued.

Any agent can search tax rolls and determined when a client may have canceled an agreement and pursued a purchase.
Web Reference:  http://www.lynn911.com
0 votes
Dallas Texas, Agent, Dallas, TN
Wed Mar 30, 2011
The entire agreement would need be reviewed to cancel and must be approved by Realtor's broker
Web Reference:  http://www.lynn911.com
0 votes
Michael Cline, , Chicago, IL
Wed Mar 30, 2011
Sorry to hear about your unpleasant experience. I can't offer any advice since that is not my area of expertise, but I can recommend a few really good Rockford agents if you're looking for another one.

Good luck,
Mike.
mcline@waterstonemortgage.com
0 votes
Suzanne Hami…, Agent, Orland Park, IL
Wed Mar 30, 2011
There is no 3 day right of recision, that is for other items. Your contract is with the broker, not the agent. Call the broker, they can assign another agent to you, but be sure to be very clear about what your expectations are with the agent and why they are not doing a good job for you.

The broker will probably want to assign another agent, but there should be an expiration term on your agreement. Buyer's agreements are not used by all brokers, so they may let you out. Talk to them and see if they can help you. You want to speak to the managing broker or broker owner.
0 votes
Marki Lemons…, , Chicago, IL
Wed Mar 30, 2011
Newhomeowner,

As I read your question I'm wondering did you sign an exclusive buyers agreement and signed a real estate contract. If you only signed one offer and it was a contract to purchase then you would need to rescind your offer in writing and move on. However, if you signed a buyers agreement and a contract to purchase you need to contact the listing broker because all contracts are between you and the broker of record (not the real estate agent) in addition the agreement is a unilateral agreement therefore it needs to be a mutual consent to cancel. To answer your question no there isn't a 3 day right to rescission unless you did not receive a Real Property Disclosure Report at the time of making an offer and once you did receive one the form shows defects.

It might be advantageous to take your time with moving forward and insure you are not responsible for paying multiple agents in addition you do not want more than one agent to believe they are the procuring cause of the sale.

All sales agents aren't REALTORS. REALTORS are licensed sales agents or brokers who are members of the National Association of REALTORS and adhere to the Code of Ethics.

1) Get a mutual cancellation of the exclusive buyer agreements. 2) Rescind your original offer. 3) For trained buyers agent check out: http://rebac.net/.
Web Reference:  http://about.me/markilemons
0 votes
Anthony Cava…, Agent, Jolier, IL
Wed Mar 30, 2011
My point below, which I think muddled, is that rather than canceling the contract, you should be able to change the terms you don't like. Please note there may be exceptions to this solution, as in the case of REO's.
0 votes
Eric Redling…, Agent, Maple Grove, MN
Wed Mar 30, 2011
It's a mutual contract. Both parties have to agree that they want to be in the relationship. Cancel the contract.
0 votes
Anthony Cava…, Agent, Jolier, IL
Wed Mar 30, 2011
I agree with the other agents' assessments below - call her managing broker and get reassigned to a different agent. ***BUT*** you may be able to get your attorney to modify the contract during the attorney review period. Depending on which contract was used, you should have at least a 5 day attorney review period, during which your attorney can propose modifications to the original contract.
0 votes
Pedro Ferrel, Agent, Chicago, IL
Wed Mar 30, 2011
Please speak with your attorney and have he or she review the agreement I am sure that you should be able to withdraw any offer that you are not comfortable with.
0 votes
Evelyn S. Fr…, Agent, Chicago, IL
Wed Mar 30, 2011
Hi Newhomeowner,

Sorry to hear you're unhappy with your Realtor.

I concur, call the Managing Broker & let them work something out for you. Where is your attorney in all this? He/she should have picked up whatever you think is wrong with the contract. Talk to him/her get their input before it's too late.

Normally when it comes to your contract offer to purchase you have a 5-10 day attorney review period and 5-10 inspection contingency clause. Verify that you are still within your timeline or ask your attorney to extend it.

Good luck!
0 votes
Anna M Brocco, Agent, Williston Park, NY
Wed Mar 30, 2011
Contact the agent's broker owner and or office manager and express your concerns, ask to be assigned another agent from within....
0 votes
Dorene Slavi…, Agent, Torrance, CA
Wed Mar 30, 2011
Hello New,
I'm very sorry to hear of your experience. When I started in Real Estate I had a 6-month training program followed by a mentorship program that ensured new agents were well versed. No, you should not be "forced" to work with anyone against your will. Just go to the Office Manager/Broker and I'm sure they will release you from any obligation to this person.
0 votes
Vik Sagar, Agent, Rolling Meadows, IL
Wed Mar 30, 2011
Hi if you want this house, and she is the one that showed it to you, you will have to stick with her as she is a "procuring cause" for that particular property. If you switched agents and placed another offer on that home, the listing agent will have to inform the "clueless agent" about the second offer that was received by the other agent. This could lead to a lot of nonsense between the Realtors and you not getting the property due to the legalities of the contract.
The second question I ask you is the contract or contracts that you signed with your Realtor. A real-estate buyers contract is different than an Exclusive Buyers representation contract. If you DID NOT sign the Exclusive agreement then you could walk away from the Realtor with any recourse, however, you may not place another offer on the property that you have already made an offer on. But if you did sign the Exclusive agreement, and you do not want to use the Realtor, you may want to contact the local real estate board to help you out to get out of the Agreement. If you need help with any of this please feel free to contact me at 847 372 8293. I am an Associate Broker with REMAX and have been in the Business for 11 years.
0 votes
David Hanna, Agent, Chicago, IL
Wed Mar 30, 2011
Yikes, this is going to take some work to undo.
Find out who the agent's managing broker is and see if they will release you from the agreement.
Have an attorney look at what you signed and get their counsel.
These agreements are not all the same, and we can't give legal advice here.
The issue at hand is not about an agent being sued, it is about you being responsible for paying a commission to the agent in question if you buy the house.

Get a referral for a good agent in the Rockford market to give you their opinion on what has transpired and see if they have any solution that gets you connected to the right agent and gets you the house you want.
Here is mine-

If the broker will not release you from the agreement, consider asking the broker to work with you and the agent together to get the deal done. The buyers commission is going to get paid and it is not out of your pocket, and if you want the house, this might be the best you can hope for.

As for the 3 day out, that only applies to certain types of contracts and you will need to ask an attorney. I do not think you will like the answer.
0 votes
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