Profile picture for FaithMarie

Is my real estate contract (form 22ss) expired and can I get a new agent to represent us?

I have an offer on a short-sale home in Everett, WA. Form 22ss #2 it states if we haven't heard from the bank in 60 days, the contract is terminated & earnest money to be returned.
The 60 days expired..
Is my contract expired?
Can I get a new agent to represent us on this house?
My current agent resigned & basically stopped working with us after the contract was signed but will only be an agent for this house.
We can terminate our contract before bank approval too.
Ny agent and her brokers refuse to relinquish any rights to the commission if I get a new agent. They will claim "procuring cause." They want the commission. 
1. We NEVER signed a buyer/agent agreement.
2. Form 22ss #2 states contract is terminated & earnest $$ to be returned.
3. 60 days expired
4. Agent resigned except for this house
5. Agent/brokers are unprofessional & bullying wont resolve anything
6. Agent sent a "NEW" form 22ss & 34 to "listing agent" to have sellers sign, stating we as buyers are extending offer for another 30 days & we CANT withdraw our offer, but sellers CAN accept offers.
7. She did this behind our backs. We NEVER approved, discussed, signed or agreed to any new form to be sent to the listing agent for sellers signature.
8. Her brokers are backing her up 100% in her unprofessional behavior, schemes and horrible customer service.
So can I get a new agent to write a new contract on this same house to represent us?
Can she claim procuring cause and if so for how long?
She says if I terminate I have to wait 6 months or the sellers will owe 6% commission. I am the BUYER!
What happens if we haven't heard back from the bank by the time our closing date reaches?
Can I then get a new agent and they can have the commission?
Any help anyone??
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April 10 2011 - Everett
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Answers (7)

Reading your old post of list of your complaints.... Wow. (Lesson: B4 answering a question on a blog -- read all the posts!)

Have your new broker contact the listing broker (for the sellers of the short sale property) and request a copy (or you request it) of that 'fraudulent' short sale extension that you never signed.

With that in hand and the knowledge that your broker is no longer working for you (by her own agreement)  have your new broker have HIS/her Managing or designated Broker write to the law-breaking broker's managing broker with a copy of that ss addendum. That letter should let them know you are moving forward with a new broker and pursuing the property on brand new terms. And that the Managing Broker has directed "our clients to our attorney for possible further action".

Get tough and take action; help us clean up our real estate industry and get rid of brokers who do this kind of thing!  Then have your new broker credit YOU 15 or 20% of the commission at closing to buy new appliances.  Don't give that first broker a penny!
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April 14 2011
Profile picture for FaithMarie
Thank you everyone for your wonderful response and support! You are correct in what you are saying.
I have great news! I just found out that I am NOT obligated to stay with this agent and her brokers any longer and they CAN'T claim procuring cause.

I can't tell you how relieved I am now to know this agent and her brokers can no longer hold this over my head and bully us any longer.
It was ALL about commission for them and all I want is to buy a house. I agree with the posts here and I should have never been dragged into anything involving commission, that is up to the agents/brokers. I am just the buyer. 
 Thanks again for such wonderful support!
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April 13 2011
What the other agents are saying is true.
If you are out of the 60 day window on the Form 22SS to get lender approval and you don't have it, you are out of contract.
If you didn't sign a buyer ageny agreement it is unlikely that you are tied to the agent you're working with and/or the broker.
You can certainly file a complaint, and contacting a lawyer would work as well, you might even consider contacting the listing agent to check on the paperwork and let them know that the extension on the Form 34 /or 22SS was not signed by you.
And again, I wouldn't worry about the commission, just concentrate on getting the house if it's what you truly want.
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April 13 2011
Dear FaithMarie;

I have been involved in one "procuring cause" case in my 12 years of real estate experience.  And one.  And the "offending" agent was severely admonished by our local real estate board.
What I've learned from this process is that you, as the client/buyer, should focus upon purchasing the home that you want, and not on sales commissions due to agents operating within not necessarily legally binding contracts but upon a set of guidelinnes per our industry also known as our "code of ethics " and subsequent practices.
Your needs need to be taken care of first and foremost.  The commissions will work themselves out.  Having been involved in this before (and the client knew nothing of the agent to agent correspondence, as it should be) I can tell you that nothing is cut and dried in this sort of affair.  There are caveats in our code of ethics that address this type of issue.  There is the principle of abandonment as well.  Also, you as a client do not have to work with someone if you choose not to.
I hope this helps,
Rob
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April 11 2011
Profile picture for sunnyview
I would send them a letter of termination along with the page in your offer that states that your tie to them has expired since the offer was not extended following the 60 days. Give the reasons in writing that you will be using another broker/agent.

Do not be bullied and if the broker/agent gets nasty file a complaint with their Board. Also, do not sign anything with this agent before consulting another broker or an attorney. Keep it all your communication with them in writing if possible and save all nasty emails, voice mails etc. Many people erase them, but if you proceed with a complaint you will need them as proof.

There are good agents out there. If you don;t have one, you're smart to do what you can to get one.
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April 11 2011
I call 'foul' on this one. Provided that your comments above are indeed factually correct, the Broker has committed several 'inaccuracies'.

Absolutely, seek legal advice.  As I mentioned in your previous post, contact your local Real Estate Commission.  Sounds to me that they would enjoy hearing of this misconduct.  I am sure that your Broker cannot bind you to an agreement without your knowledge or approval.  I would file a formal complaint.
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April 11 2011
Thanks for your question.

Contact a real estate attorney.  From what you are saying, the offer is expired and if you did not sign a buyer agency commission, you can move on because the agent and agency is not performing their representation duties to their client.

Good luck and I hope this helps.
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April 10 2011
 
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