Client rights vs Real Estate Agent.?

Question

I am currently in a situation where my realestate agent has dropped the ball on many occassions. She blames every fumble on someone else (including me, my wife, and my mortgage broker). Her fumbles, as well as a couple by the mortgage broker, have caused the closing of my house to be pushed back by a few days. This also affects the seller since they can't close on their new house until we are closed.

My question is, do we as clients have any protection whatsoever from an agent that has really failed miserably? Based on the contract, even if we cancel the contract we still have to pay her if we buy a house within 90 days of termination. How are clients protected from horrible agents or just bad agent mistakes and judgments? Her mistakes have contributed to the possible loss of the house and serious delays in closing. There have been may more fumbles along the way.

The main fumbles have to do with communication and education.

I will also say I am sure I made fumbles as well, but I rely on the "professional" to tell me what I am doing wrong or where I may slow things down.

- We were offered some repair money. My real estate agent stated we could find a way to get the repair money out of contract so I could take the money and do the repairs myself. Therefore doing more for less. When it was realized this couldn't be done she quickly said "Well, the buyer brought it up so I was just checking." She planted that seed and now I find out that can be related to mortgage fraud.

- The closing date was relying on contractor invoices, but due to her trying to find a better way, we didn't get those done (my fumble, as I was relying on her information). We found out 2 days before closing that it couldn't be done and this was after she said the seller agreed to it. So we had to scramble.

The others basically include VERY poor communication.

And you make a very good point about closing. I was under the impression a real estate agent was there to hold your hand during the entire process, including making sure closing and everything needed happened on time.

I can find a house on my own, I need someone that can help me through the rest of the process. If that isn't what agents are for, then there is a much larger problem with the industry.

BTW, let me say. You guys have been great helping out! Thank you very much.

Answer 1

I cannot think of anything the buyer's Realtor might do, or not do, that would delay the closing. Please give some more information.

If it is found that the agent has caused you financial loss through a mistake on their part, they do carry error and omission insurance to cover the mistake. However, I still am not clear on what they could have done that leas to the situation you are describing.

Answer 2

You're not at all clear about the nature of these 'fumbles', and I don't understand how the real estate agent had anything to do with your closing date. You might want to inform the forum of the nature of these fumbles, and perhaps more information can be provided.

Answer 3

Yes, you may have recourse if the deal falls apart.

However, it sounds like it's still in play and everyone wants it to happen.

I STRONGLY suggest that you call her office broker and discuss the matter with them. Your agent actually represents the interest of the broker. And the contract you have with your agent is actually with the broker.

Call the broker today. They should have more experience.

Answer 4

I’m sorry you’re having difficulties. Contact your local real estate commission to discuss your issues and they should be able to advise you on whether your agent’s actions warrant legal action on your part.