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How to fire buyers agent with pending offers

Profile picture for INTDESR
Contributions: 37

Hi, I think I've decided to fire my realtor.  I'm a buyer and not only does my agent not want to call listings, she's not getting back to me in a timely manner.  How do I do this?  I don't think I signed a contract and I have two pending offers on the table. 

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September 12 2008 - US

Replies (20)

Profile picture for CHUTTA
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I am not a Real Estate Attorney.  If your agent wrote the pending offers... the Agent is probably your Agent on those transactions. You might want to talk to an Attorney for that.  Going forward, without a Buyer's Agreement it seems that you can just either represent yourself or find another agent. 

 

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September 12 2008
Profile picture for debi1054
Real Estate Agent
Contributions: 23

Chutta is right, if that is the agent who wrote the offers you have on the table. Talk to an attorney. I'm curious, tho. If you have two offers floating out there now, what will you do if they are both accepted? Or, are you purchasing multiple properties? In the state of Colorado, if you have an agent who has written an offer for you, you also have a Buyers Agency Contract, unless the agent is representing you as a transaction broker. Look at your paperwork. And I'd recommend a friendly conversation with your agent, state your concerns and see if you can come to some common ground.

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September 12 2008
Profile picture for Caveat Emptor
Contributions: 5863
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Since January 2009

you cannot fire them AFTER they did all the work!

 

if you want, you can try to settle with them, offer them ~ 500 to not persue litigation and waive the fee clause in your buyer's agreement... the RE agent has to agree to that. RE Attourney!

 

why do you need to fire the agent from the offers he has already placed for you?

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September 13 2008
Profile picture for Caveat Emptor
Contributions: 5863
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Since January 2009

and no, i dont know why i thought you had a "them" to settle with... he/she of course

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September 13 2008
Profile picture for INTDESR
Contributions: 37

I don't mind keeping her for the offers that I already have, but they are on short sales and they might not go through.  For any future properties I would like to use a different realtor.  Also, my realtor at the time told me to put in several offers to see if I was able to get one approved.  I hope that helps to clarify. 

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September 13 2008
Profile picture for Caveat Emptor
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short sales take a LONG time to deal with, you might not know 6 months from now whether you got the home... i think you might have more trouble signing up a new realtor under the circumstance that you cant sign an exclusive contract. i would probably cancel the short sales or speak to an attourney

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September 13 2008
Profile picture for INTDESR
Contributions: 37

Wouldn't that be counterproductive to cancel my offeres?  I might get one of them....

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September 13 2008
Profile picture for INTDESR
Contributions: 37

Does that mean another realtor may not want to represent me knowing that I have these offers pending?  If that's the case, maybe I should represent myself for any furture offers?  That sounds a little scary, but I'll do it if it's in my best interest.

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September 13 2008
Profile picture for INTDESR
Contributions: 37

I'm in the state of California if that makes a difference

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September 13 2008

Hi, the agent that wrote the pending offers will be due commission if any of those go to close.  With  no Exclusive Buyers Agency agreement in place, you can change agents for future searches/deals.  I do not recommend that you represent yourself - you are much better off with a good agent.  Perhaps you need to make a change, but do not go it alone.

 

In terms of the immediate situation, I suggest you immediately speak to the manager/broker of the office that your agents work for so that you get a higher level of support/service with the transactions on the table.

 

Good luck to you!

 

 

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September 13 2008
Profile picture for jkonstant
Real Estate Agent
Contributions: 1498
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Since May 2009

What took so long to get to the correct (contact the broker) answer?

 

There is no need for an attorney or the expense at this point. If the broker cannot provide satisfaction then maybe.

 

Everything the agent does is in the name of the principal/supervising/managingbroker. This includes buyer agency agreements.

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September 13 2008
Profile picture for Caveat Emptor
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speaking with your attourney should be like going to the doctor. especially when someone has a claim to say 20k of your money when you dont benefit from their help.

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September 13 2008
Profile picture for Jimmy38
Contributions: 232

Didn't you have a time limit on your offer(s)?

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September 13 2008
Profile picture for INTDESR
Contributions: 37

she suggested no time limits because it could take a long time to get responses. 

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September 13 2008
Profile picture for Jimmy38
Contributions: 232

I sold a home several months via short sale, you need to have an aggressive Realtor calling the lender almost daily. The seller also needs to be highly motivated. If your Realtor is not trying then tell him/her you want out. Perhaps a wake up call is needed!

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September 13 2008
Profile picture for Jimmy38
Contributions: 232

Also, I was able to complete a short sale in 45 days (South Florida). This is a very tough market too.

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September 13 2008
Profile picture for CHUTTA
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Always have a time limit.  Have the Seller counter with no time limit.  I've seen Sellers/Lenders on short sales counter with time limit might be months, but still contract with time limit.

 

No time limit is bad advice.  Plain and simple.

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September 13 2008
Profile picture for INTDESR
Contributions: 37

I didn't know I could have the seller counter with no time limit.  I'll do that from now on.  Anything I can do about the time limit on the current offers?

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September 13 2008
Profile picture for Staresce

If there is no time limit can you cancel it ? I would ... yeah you might get it after 6 months but then then it could be worth less than it is now.

 

Lisa

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September 15 2008
Profile picture for INTDESR
Contributions: 37

Update:  I sent an e-mail to my agent letting her know that I would be moving on.  I told her not to cancel the offers. 

 

The offers are priced fine for right now but I guess I'll have to cancel when I feel the price is too high or when I get another house. 

 

There aren't any addendums or anything to offers?  I hate to cancel any offers and start all over...

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September 15 2008
 

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