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naz09 · Apr 4, 2009, 09:19 AM

I never signed a "buyer/agent" agreement with my so-called agent, but his name is on my offer contract for a new condo, I have told him I'm very dis-satisfy with his performance and I have done ALL the negotiations, I have since "fired" him as my agent... so my question is: first of all is that a legal transaction (my offer w/ his name on it) since I didn't sign an agreement with him and second how can I close the deal without him getting paid commission?

excon · Apr 4, 2009, 09:32 AM

Hello naz:

We have a real estate page, and I imagine your question will be moved there...

If you have a purchase and sales agreement signed by you as the seller, and a buyer who is going to close, WITH the realtors name on it as your representative, you're going to have a VERY hard time NOT paying his commission.

It doesn't matter how much YOU negotiated, or how many times you told him you were dissatisfied. It matters what the documents say.

excon

naz09 · Apr 4, 2009, 10:18 AM

Thanks Exon, okay so what if I don't buy and cancel my offer contract... how long can I wait before I go back and make another offer without an agent? OR would he still get paid if I go back months or even a year later?

excon · Apr 4, 2009, 10:48 AM

Hello again, naz:

I didn't read you question carefully enough, and it's worse than I thought.

It really doesn't matter if you signed a buyers agent agreement, because if he's not YOUR agent, he's the sellers. Consequently, he's STILL eligible to receive a commission.

I'm not sure how long you can wait to purchase the property to insure that he won't get a commission. Maybe NEVER, if he's the one who showed you the property in the first place. But, why take that risk?

To turn down a property you really want, and risk losing it altogether, specifically so that your Realtor doesn't get a commission seems like cutting off your nose to spite your face.

Besides, the seller pays the commish anyway - not you.

excon

ScottGem · Apr 4, 2009, 11:03 AM

First off it would help if you read instructions. You originally posted this in the Introductions area which is clearly marked as NOT for asking questions. To get there you had to scroll right past the Real Estate Law forum where its been moved to.

As to your question, you leave out a very key piece of information. How you came to make the offer on the condo. If the condo was shown to you by the RE agent, then he's entitled to a commission. You don't seem to understand how RE agents work.

When you walk in to such an agent's office and tell them you arre in the market for a home, they will show you listings from sellers who have contracted with them. If they can't find a match, they will show listings from other agents and share a commission. So, if this agent showed you the condo, he is entitled to a commission.

If you withdraw the offer, how long you would have to wait depends on local laws and customs. There is also the possibility the unit will no longer be available.

Fr_Chuck · Apr 4, 2009, 11:50 AM

I am a licensed real estate agent ( license retired) but we don't sign buyer/agent agreements we have the agent show a property and if you put in a offer, you do it though your agent and he gets a commission.

So if you buy this property you will owe the agent the commission. In fact the seller most likely would not sell to you without it now, since they would not want a law suit to interfere with the sell.

Also the real estate fees are normally included in the offer, so his percent is already in the deal.