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Answers (8)
- Joyce Mitchell, "Joyce L. Mitchell"
- Contributions:6
Your last question about paying or not paying any commissions indicates that you have signed a buyer broker agreement in which you are paying your broker for her services. In most situations, the buyer does not pay for the brokerage fees, the seller does by contract with the listing broker. Regardless, if you have a complaint you might want to first meet with the agent's managing broker to discuss your issues. If you feel that you are not able to find resolution, by all means you might want to file a grievance with the local association in which the executive officer of that association can guide you through the stages. Regardless of any friendship your agent has with the seller, she has a commitment to you and should assist you through the buying process.
- Tokyo japan girl
- Contributions:3
Tell your agent that you feel like you need a new agent.Sorry about your stress
- Tokyo japan girl
- Contributions:3
Tell the agent your fierd and if that doesn't work say you have cold feet about him/her
- Bette Defarm
- Contributions:4697
Sadly, the agent gets their commish no matter how little they do, including nothing... an unnegotiated contract is a terrible waste. I learned that the hard way. I hope you feel a duty to the next guy and tell EVERYONE and their brother about this agent. Get on-line and vent. In my neck of the woods the type of agent you describe was weeded out early in the downturn. I like to think I had something to do with that :*)
- Nathan Wolf, "natewolf"
- Contributions:1825
Read your agency agreement with the Realtor. I am assuming the Agent/Broker involved is a Realtor. You have very specific rights. Including the right not to pay the commission. You also probably agreed to some sort of Arbitration, which is generally free to you as a consumer.
1. Contact the Broker or the "Broker in Charge" of the office at which the agent works. Or ask for the owner. Explain situation and see if you can resolve the commission issue at this level.
2. Contact the Realtor Board and file a complaint. They will be quite helpful, will probably want you to put it in writing, and then they will help you to resolve it. They will explain all of the steps involved. If the "Broker in Charge" is aware you intend to file a complaint, it may make them more willing to avoid this and settle your complaint without going through arbitration.
3. The State Board of Real Estate Licensure (sometimes this is the Secretary of State or another agency which licenses) can also be an avenue to resolution. But generally as a last resort as they typically will refer you to the Realtor Board first.
Depending on state law, your attorney can advise you as to whether the agent is required to be paid at closing. Because you could potentially withhold the fee, and make the agent take you to arbitration in order to obtain payment. But it will depend on whether this is the Seller's Agent who is working with you, or if this is your Buyer's Agent.
- SoCal_Engr
- Contributions:5684
Don't let the agent's performance (or non-performance) take your focus off your objective...which is to buy the home. However, document the issues you are having (with supporting documentation if possible), and feel free to pursue the issue with the local/regional licensing authority.
Also, don't forget that a realtor is really working on the broker's license, so the broker ends up with some exposure as well. This helped us get some of our issues resolved when we brought the broker's potential liability for some of the action/inaction into play.
However, be aware that this can be a scorched-earth plan-of-action, so I'd wait until after you get what you want (i.e., home closed, etc.) before firing off your complaints. This is the approach we took, along with our estimation of damages/compensation. It was indeed a scorched-earth experience (we were persona-non-grata in the RE office), but we did get compensated for the issues we brought (and documented).
Also, don't forget that a realtor is really working on the broker's license, so the broker ends up with some exposure as well. This helped us get some of our issues resolved when we brought the broker's potential liability for some of the action/inaction into play.
However, be aware that this can be a scorched-earth plan-of-action, so I'd wait until after you get what you want (i.e., home closed, etc.) before firing off your complaints. This is the approach we took, along with our estimation of damages/compensation. It was indeed a scorched-earth experience (we were persona-non-grata in the RE office), but we did get compensated for the issues we brought (and documented).
- Walters Consulting
- Contributions:1661
for sure report them and send copys of your letters to all involved...that should get their attention!
- Jo Shaner, "JoKnows"
- Contributions:12
I am so sorry you are going through such a horrible experience. In every field there are the super stars and then there are the duds.
In most Realtor Associations the listing agreement spells out what action can be taken if a dispute arises. Most times, you must start out with mediation. This agreement is really with the listing broker and the home owner. Did you go to the agent who had the listing or did you get other representation. If you used the listing agent, then she became a facilatator in this transaction - meaning she really does not represent either side, but must be fair and honest to all parties. If not, your buyer's agent(whom only represents you) was to contact the seller's agent for information - not contact the seller direct (even if they were best friends).
Not having a close date on your contract sound pretty nutty. Even if the date given had to be push out - it should have been done in writing.
Now comes the saddest of all news, generally the listing agent is the agent that disburses the instructions of division of commission. Again the listing agreement spells out how much commission is to be paid. The buyer's agent, nor the buyer controlls this. So, with you wanting your buyer's agent not to be paid - this is something you don't / can't controll.
Go to the board (assoication) where this broker practices. Tell the executive officer there you want to file a complaint. If it is a code of ethics violation, then the transaction must close in order to have a case.
Good luck and again I am sorry for your undue stress.
Jo Shaner
In most Realtor Associations the listing agreement spells out what action can be taken if a dispute arises. Most times, you must start out with mediation. This agreement is really with the listing broker and the home owner. Did you go to the agent who had the listing or did you get other representation. If you used the listing agent, then she became a facilatator in this transaction - meaning she really does not represent either side, but must be fair and honest to all parties. If not, your buyer's agent(whom only represents you) was to contact the seller's agent for information - not contact the seller direct (even if they were best friends).
Not having a close date on your contract sound pretty nutty. Even if the date given had to be push out - it should have been done in writing.
Now comes the saddest of all news, generally the listing agent is the agent that disburses the instructions of division of commission. Again the listing agreement spells out how much commission is to be paid. The buyer's agent, nor the buyer controlls this. So, with you wanting your buyer's agent not to be paid - this is something you don't / can't controll.
Go to the board (assoication) where this broker practices. Tell the executive officer there you want to file a complaint. If it is a code of ethics violation, then the transaction must close in order to have a case.
Good luck and again I am sorry for your undue stress.
Jo Shaner
How do we deal with a poor agent?
Please help
mike
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