Board-certified real estate attorney Gary M. Singer answers housing questions in this space each Friday. To ask him a question about short sales, mortgages, refinancing, homeowner’s associations or any other residential real estate topic, click here.
Q: We are trying to buy our first home and used a real estate agent recommended by a friend. He showed us a few houses, including one that we asked about. We love it and want to buy it. The problem is that the agent is hard to get in touch with and has been unpleasant and uncooperative. Are we stuck with him if we want this house? – Anonymous
A: You may be. A lot will depend on the agreement you have with the agent. That will determine what your rights are and whether or not you can end the working relationship.
Even if you don’t have a written contract, you should make any new agent aware of the situation before going forward.
The agent who is “procuring cause” is the one entitled to the commission. Factors to be considered include: who found the property, who showed it, who wrote the contract offer, who negotiated with the seller, who discussed the property and financing with the buyer, who helped the buyer along the way to closing and who attended the closing.
If you prefer to find someone else, maybe that person can reach an agreement with your original agent to split the commission based on the work performed, leaving everyone happy and a dispute avoided. If the contract binds you to an agent you don’t like, you still may have one card up your sleeve.
Speak to the agent’s broker. He or she may be able to intervene and find someone else in the office who you can work with instead.
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed, nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.
The author of this article is: Gary Singer
See the original post at: http://www.sun-sentinel.com/business/realestate/house-keys-blog/sfl-singer-housing-questions-link-20121109,0,5784883.story
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