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Can we release a buyer's agent after binding agreement

Profile picture for homeresearch

We have been doing much of the work for buyer's agent since day 2 and giving up contingencies as we missed the deadlines for contingencies. After the binding agreement, agent is not doing anything except for calling us every other day to show her documents to prove that we have secured our financing. Basic questions posted to her all redirected to lender or attorney or the standard answer "I will get back to you".

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September 21 - US
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Call the agents Broker.  At this point in the transaction it may be too late but you need to speak with the agents broker or manager and discuss your concerns.
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October 20
Profile picture for homeresearch

Another major mistake is to sign exclusive agreement for 6 months. Even though we did not feel comfortable with that, we went ahead to sign the document.

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October 09
Profile picture for CHUTTA
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By the sounds of it they are already in escrow.  Not sure what a release will do in regards to the Agents commission, as the Agent started the transaction as the Buyer's representative and is the procuring cause for the agreement.

Commission agreement is between Seller's Agent and Buyer's Agent, regardless of if homeresearch fired their agent, the Seller's Agent is probably obligated to compensate the Buyer's Agent.
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October 09
Profile picture for sunnyview
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You can certainly meet with the broker and ask for a release, but if there is any resistance or they say no you do have another option. If the realtor is not representing you they are in breach of most buyers agreements. Send them a written letter telling them that they have breached the agreement and detail the breach (non-representation, ethical lapses, lack of confidentiality, etc.). Send a cc to their broker, their board and the new RE attorney that you hire to complete your deal. Yo do not have to be held hostage by this agent or "wait it out". Your agent is not fulfilling their own agreement. Your timeline for buying should not suffer because of their breach and you have a responsibility under the law to mitigate your damages. 

Waiting it out does not benefit you. Stand your ground, demand what is reasonable and make it clear that anything less than a release means that your agent is in line for a complaint with the board. Tell them that you will override them and plan to seek honest representation in this deal despite their protests. You deserve a better agent.
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October 09
Profile picture for CulverCityRealtor
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If you signed an exclusive agreement, but you are unhappy with the service you are getting, you should call the broker/manager of the office and set up a meeting to be released from the contract.Hopefully, this will happen easily. If not, most contracts have a time limit, you can wait until the time limit is up and then interview other agents to work with.
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October 08
Profile picture for sunnyview
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NO! Do not rent back to the seller. It does not benefit you. If the rent back is not already in the contract now DON'T agree to it. I agree 100% with Chutta's advice. If this agent refuses to represent you, dump them for a RE attorney by the hour. Do not let this agent run this transaction one day more. Make it stop here. Rent backs do not benefit the buyer who is ready to occupy so you should not be coerced into doing one. Tell the agent NO and tell him/her if there is another case of them not protecting your interests that you will transfer the deal to an attorney and file a complaint on their license. I believe that they are taking advantage of you and my gut feelings are solid gold. Stop them before they cost you money. 

Please I am begging you to stand up for yourself in this transaction. What you want is not unreasonable. Do not let yourself be railroaded. It is wrong.
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October 08
Profile picture for CHUTTA
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You need to stand up to your Agent, and if you want to get in the home do not let the Seller extend anymore.

Although you are first time homebuyers it sounds like you are letting the other parties involved walk over you.  If you have met all your contingencies and are ready to close, why would you extend closing for the Seller if what you really want is to move in the house?  Also if you want into the house why would you rent the property back to the Seller? 

Just tell your Agent "we want to move into the house when it closes so we will not be renting back to the Seller".  If your Agent doesn't like that, then tell them "thank you" and tell them that you will not need their assistance in the transaction anymore.  Find an RE Attorney and begin communicating directly with Seller's Agent.  Your Agent will still get paid, but they will not get in the way of you getting what you want.


Now all of this does hinge on how your contract is written, because you don't want to get too tough if the Seller has outs and you really want the house.

 
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October 08
Profile picture for homeresearch

Thanks for all your suggestions.. hopefully our nightmare will be over soon... it's been a pretty rough ride for us - first time homebuyers that was hoping the agent will help us in the process..

Our buyer's agent have been putting pressure on us to rent the house to the seller after closing. We have moved the closing date a month from the closing date in our offer per seller's request (more than 2 months from binding agrement). Can we get into our home at all after going through this process? This is not a short sale nor foreclosure.

We are confused now on what is the role of a buyer's agent....Even though commission is paid through seller, this is built in the price of the home.. I would think effectively, we paid the buyer's agent?

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October 08
Profile picture for Caveat Emptor
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go with your gut because its the worst feeling in the world to go 20 years feeling like an idiot because you knew you were being fooled at the time and ignored your instincts... 
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October 07
Profile picture for nealadler
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If you have a buyer's broker agreement see if there's a cancellation clause. Based on your comments it appears that your are in escrow, so you're probably have to stay with the person 'that brought you to the dance' so to speak.  Have you tried to have a heart to heart conversation with your agent?  The next step is to talk to the broker or manager.
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October 07
Profile picture for TiffanyBond
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Too funny Sunny!


It's really sad - I get several contacts per week of places like Zillow where buyers have creepy agents in states I am not licensed. I think there needs to be a tv show where buyers (and sellers) get that "He's just not that into you" tough love and honesty about agents that aren't treating them well. Maybe "They just want you for commission?" There are some really, really good agents in the world. If you feel like your agent is not one of them run!


Ethics are more than the statutory minimum.
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September 26
Profile picture for sunnyview
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I agree. Maybe you could print this up, hand it to them and then have the broker assign another agent to help you. It'd be better than having to be on guard through the whole deal. You sound like a nice person and easy client. I think you need a better agent.
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September 26
Profile picture for TiffanyBond
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It's a shame that an agent was dishonest to you. That nearly always means being fired in my book.

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September 26
Profile picture for sunnyview
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I am really glad you came back to let people know how it's going. It makes me really uncomfortable to think of you still with an agent that lied about multiple offers to get a higher offer. Please watch your back and put your "buyer's agent" on notice that you know that she lied and you see that as a breach of your agreement. If it were me, I think I would have to change agents. Honesty is really important since you can't follow your agent around and listen to every conversation. 
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September 26
Profile picture for homeresearch

Thanks for all your replies. We are okay to do all the house search ourselves, drive around, do the comps and just get our agent to open up the MLS electronic key.

The real disappointment was when we found out that our agent has not been truthful when she told us there is multiple offers and convinced us to offer a higher price on top of what we have decided.

We will keep the agent but I hope other homebuyers can learn from our mistake.

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September 26
Profile picture for Caveat Emptor
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call her broker, demand a co-worker to be assigned to your case instead of her. he will get to the bottom of it or he will let you out of the contract.
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September 25
Profile picture for L Strasberg
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Has the agent accomplished a meeting of the minds between you and the other party in regards to the offer on the property?
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September 25
Profile picture for TiffanyBond
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With regards to your most current question, it can depend on both your jurisdiction and the agent. What state are you in? State laws may vary on agent duty.


The agent may be more or less hands on with a transaction as a matter of choice as well. Some agents babysit contracts more than others. How much oversight I give usually depends on buyer preferences (some buyers want the matter to be primarily handled by a lawyer or themselves beyond the purchase).

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September 21
Profile picture for homeresearch
Stephen,

Thanks for your answer. If I understand correctly, the job of buyer's agent is done after binding agreement?
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September 21
Profile picture for Edmonds WA
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A buying agent acts under the contract you signed with them.  If you are asking questions about financing, then they should be redirected to the lender.  If you are asking what if legal questions, they should be directed to an attorney. 

Lets take the basic contingency which is a home inspection.  Your agent cannot give you legal advice to do or not do one.  If you do a home inspection and find nothing wrong but use up too much time and down payment money doing so then the agent does not want to be legally responsible for telling you what to do one.

If you don't do a home inspection to save time but find thousands of dollars of damages later the agent also does not want to be legally responsible for advising you to save time and money and to skip one now.

The other standard contingency, financing, is not a topic many agents are licensed to talk to you about. 
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September 21
 

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