Good Morning - I need your assistance.

**istr** · 07-31-2009, 06:25 AM

Good morning, professionals and buyer/sellers.

I am in a bit of a bind. My finance and I are looking to buy our first home. We began the process driving around the areas and communities that we really want, as well as, researched online (you can find out pretty much anything and everything on a home's past, online

). We came across a home that we loved and called the listing agent for a walk through. Long story short the home was not to our standards on the interior. However, the agent was very help and seemed to want to help us.

[FONT=Verdana]She helped set up and call on approximately three homes that

**welovetampa** · 08-11-2009, 04:47 PM

Email her back and politely tell her you don't want to work with her. Does the agreement you signed with her say you have to work with her on ANY home you buy or on any home SHE finds for you?

Loree@welovetampa.com

**wolfneyetna** · 08-12-2009, 05:03 AM

There's simply no excuse for the level of dis-service you've received. The agent stands to earn several grand commission by helping you. If she doesn't want to do so, then she shouldn't be asking prospects to sign exclusive buyer agreements. This is typical of a part-time, unprofessional agent - which constitute (unfortunately) 25-50% of the licensed agent population.

No doubt, she didn't counsel you on the process for buying a home, either. I recommend you pickup the Home Buyer's Bible, and read through it to empower you in your home purchase.

If you've signed an exclusive buyer agreement, you're pretty much committed to work with that brokerage to buy a home.

The key word there is "brokerage". In most states, the agent represents the brokerage - and thus all contracts are with the brokerage, rather than the agent.

I suggest you call the agent and express your displeasure with her level of service; and that if she doesn't become more responsive (or return your phone call) you will contact her broker and request a more responsive agent be assigned.

Simply call the office, and ask for the broker's name. Ask to speak with that person... express what you've said here, and ask for another agent to be assigned. Most times the broker will want to speak with the agent and attempt to nudge him/her... so that'll most likely be their first response. If that's unacceptable to you, say so, and ask for another agent to be assigned now.

Good luck with your home search!

**Greg** · 08-12-2009, 06:54 AM

This is why you should never sign an exclusive buyer agreement. Too many times the agent figures they have you locked in and stop performing. Instead, agree to sign a non exclusive buyer agreement. This makes the agent your buyer agent but does not restrict you to low level service.

Usually, one side can fire the other for non-performance. Talk to the agents broker and see about getting another agent. If this doesn't work call the California real estate commission.

http://www.dre.ca.gov/

**wolfneyetna** · 08-12-2009, 08:29 PM

Originally Posted by Greg

This is why you should never sign an exclusive buyer agreement. Too many times the agent figures they have you locked in and stop performing. Instead, agree to sign a non exclusive buyer agreement. This makes the agent your buyer agent but does not restrict you to low level service.

Whoa! Greg! Throwing out the baby with the bath water?

Let me share another perspective.
Those buyers who agree to use me exclusively get my highest level of service. I know that they'll buy through me... rather than call the agent on the next sign they see. Why in the world would I do otherwise?

When I ask my prospects to sign, here's my handshake-agreement-on-the-side: "If you're ever unhappy with the level of service I'm providing you, tell me about it. If we can't resolve it to your satisfaction, I'll tear up the agreement".

I've had to follow through on that only once. Bottom line of that story is that my client - the buyer - reneged on a verbal counter-offer he'd told me to make on a home. When the seller agreed to my client's price, my buyer then asked me to go in at $3K lower than his offer, which the seller had agreed to. I refused to do it on principle - negotiating in bad faith. The buyer asked me to honor my promise to tear up the exclusive buyer agreement. I was glad to do so. I prefer dealing with people who stand by their word.

In every other instance, I think my clients would do the same all over again - sign the exclusive buyer agreement to obtain the high level of service they experienced.

That's me. Obviously this fellow had an experience with an agent with lower standards of service. By all means, I think he should find another agent. But I think the exclusive buyer agreement can be a useful vehicle for obtaining a good agent's highest level of attention and service.

And, having said that (for the benefit of our friend here), I would say that most agents (in my market, anyway) will represent a buyer without an exclusive agreement.

**tucsonhomes** · 08-14-2009, 04:22 PM

Don't make life more complicated than it already is. The salesperson has a broker. Contact them and ask for a release from the agreement. All good brokers will grant the release.

Find a few salespeople, propbably recommended by others in your community, interview them, and hire someone who can accomplish what you want done.