How to get rid of Buyer's Agent?

mikecl said:   I believe it varies by state laws. But the area I live in, until you signed exclusive buyer agent contract, you are free to do what you want. If you had sign the contract, read it what it says.

No didn't sign anything. Just saw one home, called and showed few homes from there. After i put offer, the whole thing turned into disaster - and have such a bad taste, just don't want to deal with same agent.

I'm fairly certain it is not an issue for homes that she never showed me there is no problem. I'm wondering about if a home she already showed me in past, or another home, where i got a listing email from her & i have not seen it yet in person.

cyanide.

prozario said:   After i put offer, the whole thing turned into disasterWhat happened ?

Al3xK said:   prozario said:   Al3xK said:   If you didn't sign anything...I'd just say, "I've changed my mind and am no longer in the market for a house." Then call another...maybe I'm making it too simple? Are there other things to consider?

lol .. i think she'll find out - and worse yet, i might bump into her in a open house or something.

The issue with house she already showed me (2 in question), that if i show up with another agent, she might claim commission after she finds out house is sold. So, that's the tricky part. More then likely i wont deal with those 2 houses, but just in case.

I'm wondering though, if she sent something by her automated email of listing update, if i'm obliged to use her as agent or not. Unliekly, just don't want to deal with some mess later on.

So you just don't want the situation to be awkward. Buying agents get commission when they make a sale. If you try and buy the house she put an offer in for you with another agent, then she'd probably have a claim because it might appear that you and the "new" agent are splitting the buyer's commission.

If you look at different houses with a different agent, I can't see how she'd be owed anything. Just tell her that you didn't enjoy the experience and you'd like to go with another agent and you appreciate her time. Man up.

not the house i put offer on, that one is gone. There were 2 other she showed me, where i didn't put offer. Those 2 i'm wondering what happens if i at some point decide to go back.

Unsubscribing to her emails would make a better case. As it is now you are using her services.

if you are trying to cut out the middle man that's highly unethical.prozario said:   I had unpleasant experience with an agent where i am clearly not happy how they handled a situation. I would rather not have any more dealings with them, and certainly don't want them earn commission at my expense.

Questions:

1) How to get rid of Buyer's Agent? Is it simply just notifying by email? I'm assuming if i see any new house, which this agent never showed me, there is no issue? Is that correct?

2) If there was a house this agent showed me say month or two back - will i still got to involve her, if i want to deal with those houses (currently no plan, but in case i change my mind).

Try the telephone. Failing that, lawyers.

At a minimum I would at least bring it up with your new agent to see what their take is. They may have been on either or both ends of the client chooses another realtor experience.

Op if she showed you another house , that you now want to place an offer on using another agent , that will not work.

In CA this is known as "procuring cause" ie her showing is the reason you now want to buy it. Therefore she would be entitled to commission. This certainly extends to any house she showed you. Not sure whether just sending you emails or info on other homes would entitle her to commission from those too.

If you don't want to work with her and haven't signed an exclusive buyers agent agreement, then send a short email stating that due to the problems with the last transaction you will no longer work with her.

If you really want to put in an offer on a home she showed you , ask to be assigned to the senior broker in her office. That way they can handle the commission split internally and you won't have to deal with potential lawsuits

bluegreenturtle said:   cyanide.

One more reason why this place needs a crime scene clean up subforum.

SUCKISSTAPLES said:   Actually I just googled and the concept of "procuring cause" seems to be the rule in most stateseven when you never sign a thing ?

Summary of thread: Grow a pair.

surfcaster said:   Back to original question. If you did not sign anything and if you are not trying to buy a house looked at previously, there is nothing stopping you from going with another agent. Just because they showed you one house does not commit you for life


Correct, without an exclusive buyers agency document, you can use agent A to place an offer on house A , agent B to place an offer on house B and agent C to place an offer on house C.

But if agent A showed you houses AB and C, they may be entitled to a commission (full or split) for that work if you close on houses AB or C with a different agent. I don't know whether the automated emails on specific homes is considered procuring cause. I doubt it.

But I can envision a situation where your first agent sends those emails, you see a home you like and ask for more info , she calls the listing agent , gets info for you, then you decide to see the home and make an offer with someone else . She may indeed be the procuring cause even if she never physically showed you the home

kloakndaggers said:   if you are trying to cut out the middle man that's highly unethical.prozario said:   I had unpleasant experience with an agent where i am clearly not happy how they handled a situation. I would rather not have any more dealings with them, and certainly don't want them earn commission at my expense.

Questions:

1) How to get rid of Buyer's Agent? Is it simply just notifying by email? I'm assuming if i see any new house, which this agent never showed me, there is no issue? Is that correct?

2) If there was a house this agent showed me say month or two back - will i still got to involve her, if i want to deal with those houses (currently no plan, but in case i change my mind).

How on earth i'm cutting a middle man. I'm going to view other homes when they come, and probably need another agent no? Even if i get through a seller ageent, i'm still dealing with a agreed upon price no? I've never heard about cutting deals with agents for buyers - although i heard in some case seller agent will take some loss to reach a offer price.

SUCKISSTAPLES said:   surfcaster said:   This obviously varies per state . Everywhere I lived the only thing that matters is who brings the offer to the seller. I have changed agents many many times and have purchased at least one house that another agent showed me first. Note that I do all my own research and looking except unlocking the door. You never find out if an agent is competent until negotiations start. Good agents are almost impossible to find.
Actually I just googled and the concept of "procuring cause" seems to be the rule in most states.

It certainly does not rest solely on who brings the offer to the seller

Moreover , you open yourself to be sued if you don't tell your new agent that a prior agent showed you the home . If you disclose it to them , they usually work out a commission split. So don't think you are being all clever by not telling a new agent that a prior agent had shown you the home you are now making an offer on. That's the exact fact pattern that results in buyers getting sued.

got it .. i'm assuming for new home (even i got automated email - which basically sends me every house that got added/modified), that wouldn't bind me anything. For 2 homes she showed that i didn't submit offical offer, just had her get an idea of ballpark number. For these 2, if i ever reconsider, might have to just deal with her (or better yet, as you suggested go to her broker and get someone higher up to work with me).

It varies by state, but I dealt with Buyer only agents in both Texas and RI. In RI it was normal to sign a short multipart document for each listing I looked at. One copy to my agent, one to the showing agent, and one to me. Apparently there had been a lot of issues with several builders in the state using a sign in book as a Procuring Clause to cut out the buyers agent at close.

The result was that the state realtors board came up with the exclusive agency paperwork -- but it was based on the specific location so if you "fire" an agent then as long as you don't go back and buy one of the properties that they showed you then you are free and clear to use any agent. I also signed a document that covered general terms with my agent -- but it was more informational than binding since the binding was done by the other form per showing.

I actually found I like that system fairly well, even if it SOUNDS like it would be onerous. In Texas the process was very informal, in fact I don't remember signing anything at all before the actual offer that I made for my condo.

The service I got in RI was FAR more inclusive than TX. Before visits I was sent all the documents and comparables for the area including the commission information. My job up there was abruptly cut short and I ended up moving back to TX. The condo I almost bought in RI is worth 30% more than I was going to pay... and the one I have in Dallas now after 10 years is probably a 10% loss.. (sigh)

Even if you have an Exclusive contract you would be able to get out of it with written notice. Just don't make offers on any properties you looked at with the old agent and you are golden. Sending email of listings isn't going to do them any good if it comes to arguing procurement -- otherwise agencies would blast out every listing they have to everyone who has ever looked so that they could then try to collect double agency.

Double Agency is not generally going to work in the buyers favor no matter WHAT they tell you otherwise. The listing agent has a fiduciary responsibility to the seller only. If you make any comments about what you are willing to pay when the listing agent can hear and then make a lower offer the realtor is legally obligated to report that to the seller. If your agent and the listing agent are the same person then its a CLEAR conflict of interest. That was why I always stuck with buyer specialists -- I didn't have to worry about which properties were and were not listed by that agents office.

edit: in your case you may be stuck then if there were few listings. Either that or wait for a new listing to pop up, which even in "slow" areas tend to be often enough if you aren't in a hurry. Look at tax records for the area and see if you can find a few bank owned ones and see if you can get the bank to list it.

ratdaddy said:   I am a Realtor. I have worked with several buyers who "fired" their previous agent. Here is what to do.

1. Opt out of the automatic listing emails she sends you.
2. Send her an email and/or certified letter telling her you don't believe she acted in your best interests in the other deal and that you don't wish to continue with her services and want no further communication. If you truly feel she acted unethically, send a copy to her broker as well.
3. Find a new buyer's agent and make it clear to them which homes you have seen with the other agent ONLY if they end up being one you want to make an offer on. Otherwise, find a new place and forget about agent #1

If you do want to make an offer on one of the other homes agent #1 showed you, let the new agent handle it. If it's not one of agent #1's personal listings, she will probably never know. If it is one of her listings, agent #2 will work it out with her or they will fight it out however their state board determines. In Oklahoma, we are instructed to leave the buyer and seller out of commission disputes among agents (so as not to impede a real estate transaction) and we go to mediation after closing if we can't work it out amongst ourselves. If you have a copy of the letter you sent agent #1 firing them, and a buyer agency agreement with the new agent it will help their case for the commission. Just because agent #1 showed you the house first doesn't automatically mean they are procuring cause and will get the commission.

Thanks for the advice .. i've already sent email out to Agent #1, and I can keep that as proof if it is ever needed.

Question about broker - how does one find out about who is the broker for a specific agent? And if you want to file a compliant, why would I file it with broker - meaning, the broker employees the agent, and probably has very little incentive to do anything at all, and admit anything. That's the part i don't get - it is like complaining about a car salesman to his boss - well .. both of them are trying to sell me the car, and has same objective.

ratdaddy said:   prozario said:   ratdaddy said:   I am a Realtor. I have worked with several buyers who "fired" their previous agent. Here is what to do.

1. Opt out of the automatic listing emails she sends you.
2. Send her an email and/or certified letter telling her you don't believe she acted in your best interests in the other deal and that you don't wish to continue with her services and want no further communication. If you truly feel she acted unethically, send a copy to her broker as well.
3. Find a new buyer's agent and make it clear to them which homes you have seen with the other agent ONLY if they end up being one you want to make an offer on. Otherwise, find a new place and forget about agent #1

If you do want to make an offer on one of the other homes agent #1 showed you, let the new agent handle it. If it's not one of agent #1's personal listings, she will probably never know. If it is one of her listings, agent #2 will work it out with her or they will fight it out however their state board determines. In Oklahoma, we are instructed to leave the buyer and seller out of commission disputes among agents (so as not to impede a real estate transaction) and we go to mediation after closing if we can't work it out amongst ourselves. If you have a copy of the letter you sent agent #1 firing them, and a buyer agency agreement with the new agent it will help their case for the commission. Just because agent #1 showed you the house first doesn't automatically mean they are procuring cause and will get the commission.

Thanks for the advice .. i've already sent email out to Agent #1, and I can keep that as proof if it is ever needed.

Question about broker - how does one find out about who is the broker for a specific agent? And if you want to file a compliant, why would I file it with broker - meaning, the broker employees the agent, and probably has very little incentive to do anything at all, and admit anything. That's the part i don't get - it is like complaining about a car salesman to his boss - well .. both of them are trying to sell me the car, and has same objective.

Her office address is likely on her business card and/or website, or can be found on google. You can either call the office and ask for the brokers name. Search their name in the company directory on the company website and email them there. Or send a letter to the office addressed to them. Shouldn't be hard to find it. Copying the broker just shows that you fired the broker and the agent. Listing contracts and buyer agency agreements are often with the broker, and not the agent. Here in OK, these are actually called Listing Brokerage Agreement and Buyer Broker Agreement.

If you feel you have solid proof that she acted unethically, you can additionally file a complaint with her local and/or state Real Estate Board. If you don't have proof, but just suspect she acted unethically, just fire her and move on.

thanks

If all listing agreements must be in writing in your state, the Realtor would have a hard time enforcing an illegal contract in court.