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102 Comments on Agent demands commission on rejected offer and on anything buyer buys within the year
Jessica -- just hoping for the best! Once a copy of that buyer broker agreement is provided, it should answer all the Client's questions, or at least provide him with information he can use to decide what his next course of action should be.
Pacita: What a story! Thank you for sharing...I haven't been through a situation like that before, so I've enjoyed reading everyone's comments and learning about what they would do.
Have a great day,
Anne Rains
Anne
In our daily lives, there's always something that comes up that raises an issue, a question. It's not always easy to see what the right thing should be. Right in terms of ethics, right in terms of the law, right in terms of being honest. Being fair isn't always being right in legal terms.
Pacita: A common tenent of contract law is that all parties to a contract must be given a copy of the contract after it has been signed by all parties.
Both buyers, even if husband and wife, are each entitled to a copy. If neither were given a copy in a resonable period of time this could be considered a cause to have the contract revoked if it does in fact exist in the first place. Of course legal advice is in order here.
Certianly the Buyers Agency agreements we have in use in our area have a time limit on them and a geographical area desginated as well.
I suspect that you are right and that there is no Buyers Agency agreement here and that this is more bafflegab from Mr X.
Scott --- Guess they will have to wait and see if the Agent can produce a signed and unaltered copy. It will be to their best interest to produce their own copy if indeed they received one, just in case the agent makes a change on the document.
WOW! I can't believe Agent X is still in the business. We look at our business as a service. Regardless of what is on paper, if someone really didn't want to use me, I wouldn't hold them to it. I just don't think that serves anyone well.
Agent X is a jerk and your clients recognized it. Perhaps they should make agent jerk email them a copy of the signed buyer rep ... what are the chances that it is incomplete or incorrect and they could get out of it. Or the chance that they could contact agent x's broker to let him/her know of the jerk status and that they want out of said agreeement and that intent is 90% of the law and their only intent was related to that old offer etc. It always comes down to us gettting a Buyer Rep signed with our clients, doesn't it?
Rob and Camille --- since I am building my business based on referrals, I only want to work with people who appreciate my service. Granted that these clients made a mistake by using the other agent to write their offer, they also recognized immediately that it was a mistake. I'd like to think that the reason why they contacted me is that when they are ready, they would like to use me.
I don't think this agent will ever get any referrals from prospects he pisses off.
Julie --- the Client is hanging loose now. He may just wait until after the end of May before he makes a decision. He is also waiting for his other property in Redding to sell. And yes, you're right, it does come down to getting the Buyer Rep signed. But for what it's worth, I'd put a lot of faith in relationships, too. That's the one that has long-term benefits, right?
I think everything has already been said here. I just can not believe this agent. What a jerk. Sad that this goes on. I truly hope that his broker know that he is conducting business this way.
Sounds to me that Agent X should be drummed out of the business. Unfortunately, many of us have to follow behind these agents with prospects who are not as understanding as your Client. I'd like to think that Agent X's learned about the way they do business and straighten them out. But...Agent X had to learn this technique from someone.
Sharon --- I know this are desperate times. But I'd like to think that we will always think of providing good service, building trust, having empathy. And to think of serving the public.
Terry --- our good name is one of our most prized possessions. Getting into a much maligned profession, we should try even harder to build a good image. Right?
Karma!
This crazy agent should join the circus...is his name Bozo? This is another one for the "Believe it or Not" file.
Michael --- I recently spoke with a broker who had partnered very briefly with this agent and set up their own brokerage. That lasted just a few months and she broke it off. She said they have very different styles --- she would rather not be sued whereas he seems to push the envelope.
The guy is a slimeball. I would have the buyer call the broker and demand a copy of the agreement. He should say he never received a copy of the agreement and demand it voided or else. No Broker wants trouble.
James,
The client vented....and learned his lesson. That's one positive outcome of this.
I too would suggest that your "client" contact agent "x"'s Broker to lodge a formal complaint. Essentially, the client was "hood-winked" into signing a buyer's agency agreement of that duration when it was obvious that the intention was for representation on that property only.
Agent X is a jerk and no one in their right mind would want to do business with him. It is a good sign that your buyer called you for advice. Certainly somewhere in the rules the buyer can terminate the "agreement" he had with Agent X and I would hope reported the jerkiness to Agent X's broker (unless he is his own broker). Yuk ... stuff like this hurts us all and serves no one.
Pacita,
As many have noted not all agents are ethical or responsible. I have not read each commit but the ones I have read have no mention of implied agency. From your post that is the impression I get as to the agency relationship you had with your clients. I use clients instead of customers because of implied agency.
From NAR:
http://www.realtor.org/fedistrk.nsf/files/testcompre.pdf/$FILE/testcompre.pdf
"An agency relationship may be based on a formal written agreement (express agency) between the broker and client or it may result from the parties' behavior (implied agency). Implied agency means that if you act like the representative of a party, you may in fact be creating an agency relationship, and will be held to satisfy the legal standards applicable to an agent. Additionally, compensation is not required to create an agency relationship, and an agent does not necessarily represent the person who pays his or her commission."
I would have turned the tables on Agent(x) by demanding the selling commission for this short sale property.
Tom --- the client is taking the high road and is moving on ---- towards me!
Julie --- the client and his brother own several income properties in town, and have a wonderful network of associates and family. Good people to nurture and cultivate as referrals, too.
Ross --- thanks for the reminder about the implied agency. Since he calls me frequently for advice and updates, that probably is a good example of implied agency, right?
:)
We reward "good behavior" of Buyer Agents who have Buyers who purchase our short sale listings. "Bad behavior" is .... "discouraged".
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