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My selling agent has been completely unprofessional since coming under contract. Can he be fired?

Missed deadlines. Lack of communication. Set to close tomorrow, but I had an issue come up the HOA. As I was leaving my property at 9 pm. The buyer shows up with the inspector, no agent. The inspector was given the key code to let himself in. I don't believe that is legal. I live out of town from where the house is being sold and could tell that someone else had been in the house since my last visit on Sunday. My agent did not say anything about it to me.
  • July 17 2013 - Gateway - Green Valley Ranch
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Answers (11)

Simply contact your agents managing broker. If you cannot resolve the issue that way, I suggest you seek legal council.
  • July 18 2013
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Thank you all for your assistance. I spoke with broker/office manager and voiced my concerns, however other than "I will talk to him about it" I don't think much will be done. I plan on following up with the BBB and real estate commission.
  • July 18 2013
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I would recommend reaching out to the managing broker to try and resolve any issues!
  • July 18 2013
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Wow, I am sorry as it sounds like you were failed on many fronts. Step one is to call the managing broker. However, I will tell you that since the market has boomed in Denver many brokers who allowed their licenses to lapse during the downturn have come back. They do not have the experience or professionalism that we in the REALTOR community expect.

I would consult an attorney immediately. While I am not a lawyer, I would not sign anything. Your purchase contract will say what the remedies are if you don't close, but likely it is mediation. Are the buyers going to sue you to sell them the home? An attorney can help you with this.

Finally, the DORA, a state agency in Colorado, handles consumer complaints against brokers. You are within your rights to make a complaint to them. That is really the safeguard we have to keep our community of brokers strong.

I wish you the best and hope that you get this settled quickly.
  • July 18 2013
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Call his manager. Period. His broker needs to know about your experience.
  • July 18 2013
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Its sounds like you need to sit down and talk this out with your agent. If you expect to be present when the agents partners enter your home. Then you need to tell your agent that before the event. As for your HOA lien. In no possible way would your agent know if your were delinquent on your dues. If you have expectations then you need to communicate those expectations before the event occurs. Personally I accompany all my inspections but I can see that certain events could keep this from happening. You asked if this was legal. More than likely it is. Most contracts have a section that allows the agents partners to do their job unaccompanied. You may want to re-read your contract.
  • July 18 2013
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He certainly doesn't deserve his portion of the commission. Between that and a seller concession, I'm losing $11, 000 plus the costs and labor we put in for some of the items we had to fix or replace. Spending what we did on that, I don't understand why we have are giving the buyer $5000 back in concession. Again, lack of communication and misunderstanding, I would not have to agreed to that. All parties were to close Monday, complete lack of communication between agents even with his own office not knowing what was going on. Then I get hit with a HOA lien, that fortunately they told me about at 9am, and I was able to get fixed. The realtor didn't even try to communicate with me until 8pm about the issue.
  • July 18 2013
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What type of resolution are you looking for?
  • July 18 2013
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Honestly, I don't even know/remember what the my contract with him entails. I was not given a copy. I do know that he sent me contracts without even going over them with me. I had a local realtor help me to read and understand them. He sent an amendment without even looking at it , telling me the closing was pushed a day out when in fact it was a week. The inspection resolution/objection deadline was three weks ago. I don't understand why the inspector was given the key code and coming out the day before closing and at 9 oclock at night!
  • July 18 2013
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Well, Missy; if you can demonstrate either unethical behavior on the part of the agent or harm that you have suffered, then you can take it up with the broker or the local board.

  • July 18 2013
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Hi Missy, 

I am very sorry that you have had this experience. To answer your question, you both have a responsibility and expectations under the contract you signed. If he or she were to break any expectations as stated in the contract, than you would be able to break the contract with him. You have the freedom to choose whoever you desire to work with. Hope this helped answer your question. We pride ourselves on being real estate professionals who work full-time in the real estate business. If you were to need any professional advice or service we would be more than happy to help you . Let me know if I can be of anymore assistance to you, I would be happy to review your contract. 

Sincerely,
The Abboud Team
  • July 18 2013
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