What rights does my realtor have?

Question

She isn't working for us. She's working against us. We want to change realtors, but don't know what rights she has. We live in KS if that helps any.
Thanks for your help!

What isn't she doing? She's constantly late to showings (by up to 30min and doesn't bother to call.) Instead of actually "showing" us the house she sits outside, or like yesterday sat with the home owners and talked to them. It takes her up to 3 days to show us a house. She is trying to get us into houses that is more $ that want we want. She's not willing to negotiate prices- we must give them what they ask according to her. You tell me if I have a right to be pissed!

Answer 1

Almost all buyer representation contracts are cancellable by either party at any time.

Her rights are generally as follows: She has 3 days after cancellation of your contract to provide a list of all homes she has shown you. If you happen to buy one that she showed you first, she gets paid. Buy any other home, she gets nothing.

Read your contract to make sure, as I'm guessing there could be variations by state. If you never signed a buyer representation agreement, the agent should still get paid on those homes she's shown as well, I'd assume, but you can just get yourself a new agent and move ahead.

Answer 2

If you are under contract, you are not stuck. Your agent can be fired for non-performance and if what you say is true, you have solid grounds and would win. Speak to the agent's broker and explain to them you want to cancel the agreement. Make sure to get the signed cancellation form before leaving. If the managing broker does not want to cancel the agreement, you are within your rights to file complaints with the professional associations, state governing boards, and a lawyer. If the broker, has even a pea-sized brain, he will release you from the contract other than give you more reason to sue for non-performance.

Answer 3

If you entered into a buyer agency agreement/contract with this realtor and her firm, you are stuck with the contract. That being said, you can ask to speak to the managing broker of the firm for a different agent within the same firm, indicating your issues with your current realtor. Hopefully this agent is NOT the sole owner or managing broker. If she is, face her down directly with your complaints.

If you are merely using the services of this agent without contract, you need NO reason to call a different one. Just drop her and find a different one.