hazelgray, Both Buyer and Seller in Middletown, NJ

if I'm not happy with my real estate agent, am I able to get around the contract and switch?

Asked by hazelgray, Middletown, NJ Tue Jul 20, 2010

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I have no idea what the person below is talking about... There are no analogies for this situation.

In plain English, if you signed a contract, you are bound to that contract and the Realtor involved is due a commission on the property. You did not say what kind of contract it is that you want to get around, so maybe you can clarify that a little bit for us.

If you purchased something or listed something you may be able to speak t the broker about possibly removing the agent from the transaction and having another agent from the office complete the transaction. This will probably NOT sit too well with your current Realtor, so know what you are about to enter into before you do it.

But, again, a few more details would be helpful in regards to the "contract”!
2 votes Thank Flag Link Tue Jul 20, 2010
There are ways to do things and if the agent isn't doing his job, then you should fire him.
Flag Sat May 25, 2013
If you are not happy with the agent start by speaking with the agent directly about what your expecations are and what theirs are. Communication may be lacking and your situation improved by clearly defining (perhaps in writing) what is expected from every one. If this fails speak with their manager/broker in the event they can assist or reassign you to another agent in the same office. No agent should list your home nor work with you if you are bound by a listing agreement or buyer broker agreement. As Marc indicated you need an unconditional withdrawl (or release) to switch to another agent. Read your contract in the event there is a process to terminate the relationship. good luck
1 vote Thank Flag Link Tue Jul 20, 2010
Hi Hazelgray - if you have a sales contract, be very careful - exclusive right to sell - you may have to pay 2 commissions. If it is a Buyers Agency - thisis not a contract - if you are not happy with the realtor, tell them and move on. Good luck, if I can be of assistance pleasecontact me.
0 votes Thank Flag Link Tue Jul 27, 2010
Hi Hazelgray - building on prior posters responses, more info is needed to guide you further, but what is for sure is that if you are unhappy you should speak first to the agent and if needed to get on track to the manger/broker. At a minimum, you should see improvement with your current agent, if not, then a willingness on the part of the broker to provide a new resource or depending on the seriousness of the issue/lapse of service, possible release from the arrangement.

Generally agreements are at the brokerage level. It is important to better understand the nature of the agreement - if a listing agreement and you are not "unconditionally released" then you may find yourself incurring possible brokerage fees from your current and new broker. If an exclusive buyer agency agreement, then you may find your new agent challenged by your current one for commission. Either way, big hassle that could get in your way.

What I do believe to my core is that you deserve to get the level of service that has been promised - if you are not, then demand it.

Good luck,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Tue Jul 27, 2010
Is this a buyers agency agreement (BAA) or a sales contract?
Most BAA's cannot hold up in court for various reasons one being that the agent did not procure the property for the buyer. Remember, the consumer is controlling factor in a consumer contract.
If you are in a sales contract with that agent, you have a different situation and most cases cannot change. I would deal with the manager of the office and if that does not suffice, deal with your atty directly for the transactional management. If you are dismatyed with the agent just never use them again.
0 votes Thank Flag Link Fri Jul 23, 2010

To most appropriately answer your question, it would be best to know the type of relationship/contract you have with this agent.

"Getting around" a "Buyers Agency Agreement", where a Realtor is assisting you in finding a home and "Listing Agreement", where you are being assisted by a Realtor in selling your home are two different circumstances with two distinctly different sets of options.

If you can elaborate, that would be helpful.

Love and Peace,
Francesca Patrizio, ePro, SRES
Coldwell Banker
Web Reference: http://www.PatrizioRE.com
0 votes Thank Flag Link Thu Jul 22, 2010
After reading the 4th --most-recent response--I wasn't going to respond, but reading further I notice quite a disparity from response to response. Above all, let me clarify that I myself--as well as the others responding--are realtors, not attorneys, and we are not permitted to give legal advice. It is also not clear what type of agreement/contract you entered with this realtor. Is it a listing agreement or a buyer's agency agreement or something else? In all instances, these are agreements, which are treated as if they were contracts. One party to the agreement/contract cannot unilaterally cancel the agreement/contract without cause. The advice others proferred about having the broker of record or broker manager suggest another realtor within that agency would most likely uphold the tenor of the agreement. Most conscientious professional agencies do not want to force a disgruntled client to stick to a contract. I have worked for two agencies and I am certain that both would free you from your contractual obligation, if for no other reason, than to preserve the company's image. Reliable, concerned realtors want not just your business, but your repeated business and the business of those within your sphere of influence. For all these reasons, I typically ask my brand-new clients whether they are working with another realtor. If they are, I simply ask them to make a choice based on typical factors, but I include that all-important one: choose that realtor with whom you feel you can work closely for the next several months, someone you can trust to do the very best job, provide honest answers, and is simply pleasant to talk to and work with.

Wish you success in resolving this issue.

With friendly greetings,

Jerald Goldstein
Realtor/Sales Associate
Realty Executives Exceptional Realtors
732/740-8888 (m)
0 votes Thank Flag Link Tue Jul 20, 2010
Hi Hazel,

You need to get an unconditional release from your current agent before you can proceed with another agent. Sometimes such a release is easy to get (for example if you are both sick of each other). Other times it is difficult to get (particularly on an expensive home). Sometimes it is impossible to get and you just have to live with your agent until the contract expires.

The first step is express your displeasure to the broker of record for the agency with which you contracted. He or she will determine whether they will release you. If that goes well, you can proceed with another agency. If not, you have a fight on your hands. You cannot use another agent though until you have an unconditional release in writing.

Good luck!


Marc Paolella
Relocation Director/Appraiser
Century 21 Joe Tekula Realtors
Phone (direct): (973) 584-4235
Coolest map-based home search: http://www.marcpaolella.com
0 votes Thank Flag Link Tue Jul 20, 2010
If the contract you speak of is an exclusive buyer agency contract, then yes you can get out of it. I would ideally talk to an attorney to make sure you have no further obligation, however a letter to the Office Broker/Manager terminating your relationship should suffice. Ideally, you want to speak to the broker/manager of the office and get a letter in writing which acknowledges your release from the contract.

If the contract you speak of is a sales contract, then you are bound to the Real Estate Brokerage representing you, not necessarily to the agent. If you talk to the Broker/Manage he/she should be able to work out an appropriate solution for you to be satisfied. Agency in NJ is actually with the Broker and the agent is exactly that, an agent of the broker. So, it is fairly easy for a broker to make an agent change to ensure proper satisfaction to a client.

I hope that helps.
0 votes Thank Flag Link Tue Jul 20, 2010
Hi Hazelgray,

It's unfortunate to be in a contract situation and not be comfortable with the parties involved on either side. If the contract is already in pending status your options moving forward can be 1). to make clear to your agent the necessary changes you expect in order to feel comfortable with the transaction and the agents performance changes, and hopefully work it out. or 2). express to the agent your concerns and that you will be requesting the Broker of the Agent to assign another agent to assist you further until closing. I wish you the best, in the future screen your agents work ethics to be sure you will have an amicable experience.

0 votes Thank Flag Link Tue Jul 20, 2010

I suggest you give the agent a shot at making things right, if they don't yet know you aren't happy with their services. I have no doubt they want you to be a satisfied customer. Just like you might send a steak back to the kitchen and give the chef a chance at cooking your steak in just the right way, give the agent a shot at clearly understanding your personal expectations. If the relationship isn't salvageable, give the broker a chance to make it right and put you with another agent. There are a myriad of personalities under the roof of any given real estate brokerage, and sometimes the right agent is just down the hall. We know we cannot be everything to everyone. When it doesn't work for you, I would bet it isn't working well for the agent, either.

Have a blessed day!
0 votes Thank Flag Link Tue Jul 20, 2010
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