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Ok, here's the scenario. I hired a realtor to sell my condo, with the understanding that once it sold, I would use her as my realtor for the purchase of a new condo or house. I would not even consider looking for something new however; until after the condo sold. I also told her that I could NOT lose any money on this transaction - the sale price would have to cover the two mortgages, realtor commissions, and fees.

To make a long story short, I felt as if she hasn't been on my side since the get go. The first bid was over 10% less than my asking price, and she was pressuring me very hard to accept it. I would have lost $8,000 has I listened to her. I didn't, held out, and got close to my asking price.

At any rate - am I obligated to use her for the purchase of my new place? I did sign a paper saying I would. I do not have a new place at this time, but I'm so fed up with fighting her at every turn - it makes the whole process even tougher. Advice anyone?

2007-03-30 13:49:37 · 7 answers · asked by Anonymous in Business & Finance Renting & Real Estate

7 answers

Yes you can fire her! Each state has it's own rule on terminating her contract. If you are in Texas all you have to do is give her notice of termination in writing, that you no longer what her to represent you. Be careful with the new Realtor because there is usually a grace period that states if you find a property within that time frame (usually 10-15 days) and she can prove that she was the procurer of that purchase she can still claim that commission. What state are you in? I can try to research for you that law.

2007-03-30 15:46:24 · answer #1 · answered by ? 2 · 0 0

You did sign a contract to use her to find a new place, so you are stuck, at least for the short term. But she can't force you to buy. But did the contract have any time limit or other way to get out? Does it say you will use her exclusively? Some people use more than one realtor when looking to buy. What if you decide to rent for now instead of buying a new place? And of course you can use someone else anyway, but she may try to collect lost commission from you.

2007-03-30 13:58:37 · answer #2 · answered by Brian G 6 · 0 0

Do not look at any homes with her right now. First, talk to her, tell her how unhappy you are with her performance and tell her you want out of the agreement, that you want to terminate. Make sure you sign an agency termination. If she refuses to terminate, go to her broker in charge and tell him/her how unhappy you are and that you refuse to look for homes with her because you do not feel like she is a competent Realtor. The broker in charge 9 times out of 10 will let you terminate your agency agreement. But they will try to assign you another agent in their office, if you don't feel comfortable about that, just stick to your guns and they will let you out the door free and clear.

Now the reason I say don't see any homes with her is because she will be entitled to commission if you buy a home that she showed you or helped you find. It's called procurring cause of sale. She would be the reason you found the home so she would rightfully be entitled to commission on it. Well good luck...just stand your ground!

2007-03-30 14:18:21 · answer #3 · answered by pinkluxe 3 · 1 0

go over your contract, most just need a thirty day notice, but be careful, if you buy a house or put in an offer within the contract obligations, even if you do it on your own, you still may owe her a commission.

2007-03-30 15:49:51 · answer #4 · answered by rgehron1031 3 · 0 0

you signed the contract saying you'll use her-----contract law is contract law.
so, she got the condo sold- why change horses in mid stream. You got frustrated which is very common- give the agent a break let her find that home for you.

2007-03-31 08:11:12 · answer #5 · answered by sylviavnpttn 5 · 0 0

No you do not have to use her to find a new place. Call another agent but be sure you get a buyer's agent for yourself - that way the are supposed to act in your best interest.

Real Estate agents are like car salesmen; some are good; most are not.

2007-03-30 13:53:49 · answer #6 · answered by Anonymous · 0 1

NO..
FOR SURE NO..
CUT LOOSE THANK HER AND MOVE ON.
NO FIRING NEEDED.
NO OBLIGATION...

2007-03-30 13:53:46 · answer #7 · answered by cork 7 · 0 1

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