Home Buying in Illinois>Question Details

Sally, Home Buyer in Algonquin, IL

Do we have a right to "fire" our realtor and go with another realtor?

Asked by Sally, Algonquin, IL Thu Apr 10, 2008

Help the community by answering this question:


Exclusive Buyer's Agreements aren't that common, here in the Chicago area... but it sounds as though you might have signed one. If you did, as Dorthy recommended, contact the agent, outline your grievances, and ask to be released.

As Deborah mentioned, it may leave you with some obligation should you decide to pursue any of the homes that he's already shown you, but if released, you'll owe nothing to the old agent on any new properties.

We're finding a weird market, here in Northern Illinois. The market has slowed, but properties that are priced well, go on market and quickly find themselves in a feeding frenzy of multiple offers. So it's possible that the loss of the two properties "might" not have anything to do with your agent. But if you've had a crisis of confidence in him, it may serve both of you well, to part ways.

Good luck.
2 votes Thank Flag Link Wed May 14, 2008
Alan May, Real Estate Pro in Evanston, IL
Absolutely! But, I would protect myself, if I were you! Make sure you ave copies of all documents signed with original agent. And communicate what expectations you had of them that were not met. Explain to them your intentions and also why you will be working with another agent.
1 vote Thank Flag Link Wed Jul 23, 2008

I am not in your market, however I found your post interesting. Many people have answered your question accurately, however I wanted to point out one issue.

Your agent does not have anything to do with the success or failure of your offer, unless they were never presented. You may reconsider your negotiating strategies as your offers may be too low or unreasonable in some aspect.

Good luck,
0 votes Thank Flag Link Wed Nov 12, 2008
omg i cant beleive what im reading nice job guys telling a client how to break a real estate contract!!!!!!!!!! Hey Sally call the realtor, call the broker , Call your attorney jeeezzzzzz I cant believe some of the answers here. Sally sounds like shes just mad in general... NIGHTMARE.
0 votes Thank Flag Link Tue Nov 11, 2008
I've signed some and not signed some. My most recent one was for my immediate area and I was putting another offer outside my area. This newer agent made me have my original agent release me and state that she had no "interest" in the home I was putting an offer on. It's just good practice to have things good or bad in writing.

If you don't even know if you signed something or have a copy, simply write a letter to your buyer's agent saying that you will be going with someone else (keep a copy for yourself and your new agent). As long as you don't see the same houses with the new agent as you did with the old agent, so shouldn't have any problems.

Good luck. Interview buyer's agents asking them about their negotiating skills and references.
0 votes Thank Flag Link Wed May 14, 2008
Ruthless, Other/Just Looking in 60558
Sally, finding a home is a difficult process and Im sorry to hear that your Realtor was not helpful. If you signed a buyer-agency agreement, I would tell the agent whom you want to fire that you would like to cancel your contract since you are unhappy with the service you have been provided. If the agent gives you a difficult time, contact the main broker from where the agent is and he or she can assist you.

If you didn't sign an agreement, you can just let the agent know that you are no longer in need of their services and end it there. But you must also know that if you are interested in a home that you visited with that Agent, the agent is the procuring cause and may be enititled to commission. I have a client that was recently in the same situation but luckly, the homes that they previously saw were not ones that they were interested in, so they were able to part ways and move on.

If you are looking for a Realtor who will help you find the perfect place and take your needs into heart, I can help you find the perfect place. I live in the Algonquin area and know the local area and surrounding suburbs. I would love to help you find a home that suits your needs and budget.
You can email me (dorthy.pastorelli@cbexchange.com) what you are looking for and we can determine the homes that fit your criteria and view the homes that best fit. I have access to thousands of homes on the market as well as homes that are brand new that haven't been posted yet. With my resources, I can find the right home for you.

If you need any help with anything or have any questions, please don't hesitate to contact me.
I can help you review the documents that you may have signed or help you determine further your course of action.

Thanks so much!
Dorthy Pastorelli
0 votes Thank Flag Link Wed May 14, 2008
Sally, it sounds like you are a buyer, so it is possible that you signed a Buying Agency Agreement, but I would make a request for copies of ALL the documents you signed

Without commenting on the specifics of your situation, you need to be concerned that you may have signed an exclusive buying agreement that could state that you owe your first real estate agent a commission even if you find a purchase a property on your own or with another agent.

Even without an exclusive buying agreement, if your first agent was the first to show you a property and you purchased it with a 2nd agent, you may owe the 1st agent a commission because they were the "procuring cause" of that transaction.

Get those docs and find out where you stand.
Web Reference: http://www.SoperTeam.com
0 votes Thank Flag Link Fri May 9, 2008
Have you signed any contracts with the Realtor that you want to fire? If no than you can just move on. I think you should let the first Realtor know how you feel.
0 votes Thank Flag Link Fri Apr 11, 2008
PS to my prior answer.

When you choose another Realtor, let that person know which properties that you visited w/ the prior agent. Your replacement Realtor should be made aware of any potential claims to commissions that could affect him/her. This doesn't mean that the new Realtor won't work with you, it provides him/her the ability to work out a suitable split, referral fee or determine such is not needed.....whatever the case may be. Bottom line......Disclosure and honesty can go a long way to avoid complications for all.

Best of luck in your search....

Deborah Madey - Real Estate Broker
Peninsula Realty Group - New Jersey
0 votes Thank Flag Link Thu Apr 10, 2008
Deborah Madey, Real Estate Pro in Brick, NJ
The Realtor who showed you properties and wrote offers for you may have a claim to commission payment if you were to purchase one of those specific properties. Please note, I said, "may" .....as that determination is made upon the review of several factors.

As it pertains to your search for future properties, your obligation depends upon any agreeement that you may have in force w/ the buyer agent. As JR indicated, you may have signed a disclosure, not a formal agreement for buyer representation.

If you did enter into a formal agreement, there will be terms contained therein that describe your rights to exit and terminate. Since I don't know what you signed, it's challenging to provide any specifc advice.

I would suggest that you contact the buyer agent and ask for a copy of what you signed and review it.
0 votes Thank Flag Link Thu Apr 10, 2008
Deborah Madey, Real Estate Pro in Brick, NJ
It all depends on any written agreement you may have as a Buyer or Seller. If you have no written agreement then of course you have the right to 'drop' your Realtor. If you have a written agreement and the Realtor has not full filled the terms of his/her Agency then you may have the right to 'fire' your Realtor.
I would check with the Realtors Broker or the local real Estate Board to see if you are within your rights. No one can FORCE you to remain with a Realtor who has not performed thier duties to your satisfaction. But at all times the buyer/seller should be fair to the Realtor who may or may not have actually violated any Fiducuary duties or contract with their customer. That being said if the buyer/seller does not 'like'
their Realtor then you have the right to go another realtor by explaining that fact to the realtor.
Hopefully it will turn out well for you.
Helene Scully HmS II Inc in S FLorida
0 votes Thank Flag Link Thu Apr 10, 2008
Then you may have simply signed a disclosure form. Why do you blame your realtor because your offer wasn't accepted? Did the seller counter it?
0 votes Thank Flag Link Thu Apr 10, 2008
Actually, I need to expound on this. It's not a listing agreement. I think I may have signed something with respect to shopping for a property to purchase, but I'm not sure -- I never received a copy of what I signed. I've already lost on two bids to purchase, and I don't a repeat.
0 votes Thank Flag Link Thu Apr 10, 2008
You have a listing agreement--a contract--with your Realtor. If the Realtor hasn't performed as per the agreement, or has behaved in a way you believe doesn't serve your interests, you can ask your Realtor to release you from the contract. Many/most will do so; they don't want to work with someone who is unhappy with them. If that doesn't work, talk to the agent's managing broker about the situation.

But, whatever you do, resolve the situation with your current Realtor before signing an agreement with a new Realtor.

Hope that helps.
0 votes Thank Flag Link Thu Apr 10, 2008
Don Tepper, Real Estate Pro in Burke, VA
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