As Buyer, How can I fire the RE Agent that does not want to support my cancellation instructions?

Question

I want to cancel Purchase Agreement with specific conditions (as per our Attorney) - but RE agent will not support the cancellation conditions.

Answer 1

if they are a Realtor - threaten to report them to the Realtors of your state. That will budge them!

Answer 2

Without knowing more about the actual situation, neither I nor anybody else here can answer your question. I don't know if what your attorney said to do is legal or not - or if it is in line with the real estate contract and laws of your state. If one of my client's attorneys gave incorrect instructions for something, I would not carry it out. Also, if a client asks an agent to do something illegal or unethical, the Realtor CANNOT carry out the client's wishes.

For example (and I know this is exaggerated, but for making the point)... lets say that your attorney told you that you can cancel the contract, because the seller never informed you that someone died in the house of aids. There is no requirement for the seller to disclose that to you, so the seller did nothing wrong, and you have no grounds for backing out.

What are the circumstances?

Answer 3

The agent must comply with any cancellation that you request, in writing, to the escrow company that is completing the transaction; and advise you of your obligations and or ramifications of your cancelling.










Hi Teran, let me preface this with the fact that I enjoy your responses; and find your approach and knowledge to be very insightful.

However, what do you need to know and how can you not answer the question? I sure can.

YOU MAY CANCEL A CONTRACT AT ANY TIME, FOR ANY REASON.

HOWEVER:

THERE IS A LEGAL TIMEFRAME, PER THE CONTRACT, IN WHICH THE PARTIES HAVE THE RIGHT TO CANCEL WITHOUT PENALTY; WHICH IS TYPICALLY REFERRED TO AS A DUE DILIGENCE PERIOD (10 DAYS) OR ANY CONTINGENCIES PLACED WITHIN THE PURCHASE AGREEMENT. (BUYER MUST SELL A PROPERTY, BUYER MUST SECURE FINANCING, ETC) MOST HAVE A SPECIFIC TIMEFRAME SO AS NOT TO HAVE THE SELLER WAITING BEYOND A REASONABLE POINT.

THEN THERE IS THE TIME THEREAFTER, WHEN THERE IS A PENALTY FOR CANCELLING. WHICH IS THEN YOUR FAILURE TO PERFORM PER THAT CONTRACT. THOSE PENALTIES ARE USUALLY OUTLINED IN DETAIL.

WHETHER THAT REASON, AFTER THE AGREED UPON TIMEFRAME, IS VALID OR NOT IS NOT THE QUESTION AT HAND NOR FOR US TO DECIDE ULTIMATELY.

WE CAN ONLY ADVISE WITHIN OUR REALM OF EXPERTISE AND RESPONSIBILITY THE CANCELLATION PROCESS AND THE POTENTIAL OUTCOME/RAMIFICATIONS, BUT WE AREN'T THE JUDGE THAT WILL DECIDE - WHICH IS WHERE THIS MAY BE HEADING.

AGAIN, HAVE YOUR REALTOR ADVISE YOU OF YOUR OBLIGATIONS AND/OR THE RAMIFICATIONS OF YOUR CANCELLING. IT DOESN'T MATTER WHY YOU'RE CANCELLING ULTIMATELY - YOU WILL HAVE RAMIFICATIONS I SUSPECT - REGARDLESS OF WHAT YOUR ATTORNEY HAS ADVISED. YOUR ESCROW MONIES/EARNEST DEPOSIT/GOOD FAITH WILL BE FROZEN, IF THE SELLER DOES NOT AGREE TO RELEASE IT.

IT WILL BE UP TO THE COURTS TO DECIDE IF YOU CANCELLED WITH "GROUNDS TO CANCEL" OR NOT. YOU ARE ULTIMATELY FAILING TO PERFORM AND MAY BE SUED. THAT IS WHAT YOUR AGENT MAY BE ATTEMPTING TO PREVENT - POSSIBLY.

IF THE SELLER OR THEIR AGENT HAS SOMEHOW FAILED TO PERFORM, IT IS UP TO YOUR REALTOR TO REMEDY THAT AND PROTECT YOUR INTERESTS.

IT APPEARS AS THOUGH, BASED ON YOUR PREVIOUS POST, YOU WERE ATTEMPTING TO CHANGE "CONDITIONS" OF AN AGREED UPON PURCHASE AGREEMENT - AFTER THE FACT. MY ASSESSMENT MAY BE INACCURATE.

YOU CANNOT REASONABLY EXPECT, AS PER YOUR PREVIOUS POST, TO CHANGE THE TERMS OF AN AGREED UPON CONTRACT IN MID-STREAM, WITHOUT POSSIBLE REPERCUSSIONS; WHICH I ALSO SUSPECT THERE WILL BE.

In California, sellers are to notify buyers if a death has occurred on the property within the last 3 years. Some buyers are creeped out by this knowledge. A seller asked if she should tell the buyer that her husband died in their bedroom five years ago. Although the law doesn't require it, because the death occurred outside of the three-year window and because the buyer did not ask about it, it was suggested she disclose this to the buyers, and she did. Moreover, if she had chosen to withhold this information from the buyer, the agent would have had to disclose it because they now had knowledge of a material fact.

If you have specific details, you might want to consider sharing it with the buyer unless it pertains to AIDS. Check with your local laws and a real estate lawyer for advice about deaths surrounding AIDS because in some states, AIDS falls into a protected class and could be subject to discrimination claims as well. There are times you're darned if you do and darned if you don't.

Contact the escrow company in addition to the broker of the agent or let your attorney do it for you.

Answer 4

If I comprehend this wisely, you are the customer in this transaction? if so, do you presently have a ratified settlement on a house? in case you do and you have signed a brokerage settlement mutually with your agent then you certainly won't be able to easily hearth him. you're below settlement for the term of your settlement till his/her coping with broking provider releases you or till mentioned settlement is terminated at which factor you will be able to desire to be released. What are those extra situations? If the words of the settlement has been ratified, then including extra words only does not take place that oftentimes. the seller and shopper have already agreed on a deal, so adjusting it in a while because you only seen some thing isn't suitable. i wish this solutions a number of your question.

Answer 5

You need to fire your real estate agent if they are not supporting you. An agent can voice there opinion but they have to support what ever you want to do. You need to call there office, ask who the broker is then tell them you need to talk with them. You need to talk to the broker if the agent is not supporting your wishes...Good luck and you need to fire him/her.