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Am I stuckwith this agent?

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So we are planning on buying our first home, we have been independantly searching for a house, and we found one we liked. We contacted the agent on the website we saw it on, and went to take a look at it. He had us sign several papers rather quickly, which, to his explanation, gave him permission to take us to look at the house. We saw the house, and totally loved it. Now, 2 things. We asked him to give us copies of what we signed, because although we read it over, after discussing it, we think we signed to keep him on as an agent for more than that afternoon, which we do not want. He has not emailed us the copies of the papers yet, from last week.
We also requested more information on the house. It is a short sale house and he told us to offer higher than the price. He has not provided us any other information yet. We feel since he has a blackberry, (which he checked email on repeatedly during our appointment) and is a professional real estate agent, we should at least be getting an acknowledgement of our requests within a day or 2.
Our friend has recommended us an agent that she had a fantastic experience with, and we can't seem to move forward with the house, or even get rid of our current agent. How do we get out of this?

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May 27 - Portland

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Michael Emery, "MikeEmery"
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Michael Emery, "MikeEmery"

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You should have received copies of what you signed at the time they were signed.

The agent should've explained what you were signing.

# 1 Was probably the Agency document, which does not 'tie' you to the agent. Agency is required to be signed at first contact because the agent may have been showing a property listed by another agent in the office.

# 2 Is the 'buyers representation agreement' which says you agree to have that agent represent you as your agent and does (for the most part) tie you to that agent for the duration and terms of the agreement.

If you are dissatisfied with the service your agent has provided or if you feel you have been mislead by your agents actions, contact the broker that is responsible for the office where the agent has their license. If you continue to be dissatisfied, contact the local Board of Realtors.

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May 27

JohnGibbons
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JohnGibbons

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Sorry to hear about your experience with this so called "broker".

If you want to file a compliant with Oregon Real Estate Board against this agent, here's the link to their form; Oregon Real Estate Board Complaint Form

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May 31

fluffalo
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fluffalo

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Thank you community for the advice!
We finally got the contract copy from him, and he actually filled in things that where not on it when we signed! We found and contacted the principal broker of the firm, ad the contract has been voided. And potentially this guys job!

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May 29

sunnyview
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Contact his broker if he has one and tell them that you will NOT be represented by this person. Tell them that you want a copy of what you signed within 24 hours or you will consider the agreement to be breached by the agents lack of contact and slick dealing. In the meantime, contact the agent that your friend recommended and see if they are a good fit for you. If they are, ask them to take you back through the house. If you want to submit an offer do not do it with the the listing agent. In my non lawyerly opinion if you did not understand what you were signing it is not very enforceable since there was no meeting of the minds. You could ask an attorney about that, but just saying no until proven different works well too. Do not cave. This agent sounds either like a slimeball or a high volume short sale agent. In either case, he obviously does not have time to help you look for a house, but he will be more than happy to stick his hand out if you find one on your own. You deserve better. Hold the line and give them 24 hours to produce the agreement. Then send the agent and broker a notice to terminate your relationship based on his lack of contact and dishonest dealing. Do not be bullied. Stand your ground and find a good agent to represent you. It is worth the fight. A house is a large purchase. If this agent is bullying you and ignoring you now, what will it be like farther down the line if you decide to buy with him as your agent.

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May 28

Janeese Jackson, "Janeese Jackson"
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Janeese Jackson, "Janeese Jackson"

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F: you may have signed a "Buyer-Broker Agreement" (which would have committed you to some contractual agreement w/that agent) or you could've merely signed a "Disclosed Limited Agency Agreement for Buyers" (which would only be a disclosure for that particular piece of property). Either way, I would contact the Principal Broker for the firm for which this agent works and discuss your confusion. I would have to assume that since this agent is not contacting you, he is either confused himself or you simply signed the disclosure not the buyer-broker agreement (otherwise, an agent with a buyer-broker agreement would surely be anxious to get in touch with you and get rolling on finding your new home). If you have the agent's card, his office phone # should be on the card (to contact the Principal Broker in charge of his office). Otherwise, if you only have his name you can contact the Real Estate Agency in Salem, OR and find any contact info you may need. I hope this helps.

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May 28

Michael Emery, "MikeEmery"
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Michael Emery, "MikeEmery"

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Well he could have a brokers license but yet is still supervised by a broker in a larger organization. The principal broker would encourage him to cancel the contract because they are responsible for the actions of all agents under their supervision.

Or he could be a broker with his own business that may or may not have other real estate agents in his office.

If he is the one in charge and he is not being responsible, contact the local board of Realtors. Google it. "Anytown Board of Realtors" (whatever the city you live in.) The next step is the state government office that oversees the licenses of real estate agents and brokers, which in my state is the commerce department.

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May 27

fluffalo
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Is the principal broker of the office the one who would be able to break the contract?
Sorry for the million posts, we just want to get unstuck before we can no longer gett out of it!

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May 27

fluffalo
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he is listed as a broker /realtor, and all his recomendations come from people selling their homes, not buying, which is different than he told us.
Is there anyone above a broker, (before the real estate board) that we can complain to and have help us out of the contract?

He also seems to have very recently switched companies.

I wish I had researched him more, I assumed that the person you contacted for information about the house would be the one who would take you to see it, no strings attached.

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May 27

Michael Emery, "MikeEmery"
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Michael Emery, "MikeEmery"

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Demand to get a copy of what you signed immediately or tell him you will be filing a complaint with the local board of Realtors and state commerce department which (in most states) regulates real estate brokers and licensed agents.

Then get another agent.

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May 27

fluffalo
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fluffalo

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It lists himself as a broker on his site.. If I email (and fax) him something saying we will not be using him, is this an acceptable termination of the agreement?Since I cannot get a copy from him, I do not even know how long the term is for.

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May 27

fluffalo
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He told us it was required for him to take us to see the house. We felt it was odd too, and I admit, we where probably utterly stupid to do so. When you read something, after someone tells you it says so and so, then it seems to say that. We can't get the paper from him, so we aren't sure if that is what it said, or able to look it over for loopholes or bring it to someone.
Now we just want to get out of it and get someone who actually wnats to help us get a home, even if it's cheap.

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May 27

Thesa Chambers, "Thesa Chambers"
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Thesa Chambers, "Thesa Chambers"

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It sounds like you signed a buyer broker agreement - these are fairly common although a lot of agents struggle with the use of them. In most cases you can send an email or a fax to the agent and terminate this listing.... any document you sign you are entitled to a copy of it. I would call his Principal Broker - or him and clearly state you do not intend to use him... and follow it up with written documentation such as a fax - save the receipt - there is a standard form we have for the buyer broker agreement - however many offices use their own... and if you do not have a copy of it... I would mention this in your written statement.

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May 27

Michael Russell, "real estate mike"
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Michael Russell, "real estate mike"

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First it looks like you need to know the name of the company he's associated with. From there you need the brokers name. The broker can straighten this out for you, hopefully quickly. If you didn't sign a buyers representation paper(or whatever it's called in Portland) then you should be good to go. Also this agent your friend likes can probably assist you in these steps. I am surpised you signed anything, I wouldn't have. I have heard of agents requesting to see drivers license so they know who they're working with(security purposes).

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May 27

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