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Old 09-29-2010, 02:48 PM
 
5 posts, read 24,436 times
Reputation: 10

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I had an agent showed me 7 homes, singed contract was expired in 4 months. After a year, I contacted the same agent to help me with buying a home in new construction. Signed PA with builder, everything went okay. Before my offer was accepted by builder, my agent suggested to go for higher model as agent's another buyer with same price but refuse to visit builder's office for writing the PA. I did not understand why agent was not willing to come but then I signed it for higher model, worked with builder. I assumed that agent had busy schedule. As days passed, we could not get any help. At one point, I asked my builder to remove the agent name from the contract, builder said that it can't be done. I reported my agent's behaviour with realtor's office. Nothing worked out. I also found that agent's another buyer customized home a little bit for same price. Is there a legal way to remove the agent name from my purchase agreement?
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Old 09-29-2010, 07:35 PM
 
Location: Columbia, SC
10,965 posts, read 21,988,738 times
Reputation: 10685
I don't understand your post. It's a little cloudy about what the agent did with another buyer?
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Old 09-29-2010, 08:42 PM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
Reputation: 17483
So you purchased a new build, and the agent represented another buyer on a different house. Your agent got those buyers upgrades that you didn't get and so now you want to terminate your representation?

I think in most states you can legally terminate your representation, but the agent will still be paid by the builder.
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Old 09-30-2010, 04:05 AM
 
4,399 posts, read 10,672,655 times
Reputation: 2383
Quote:
Originally Posted by newtosite View Post
I had an agent showed me 7 homes, singed contract was expired in 4 months. After a year, I contacted the same agent to help me with buying a home in new construction. Signed PA with builder, everything went okay. Before my offer was accepted by builder, my agent suggested to go for higher model as agent's another buyer with same price but refuse to visit builder's office for writing the PA. I did not understand why agent was not willing to come but then I signed it for higher model, worked with builder. I assumed that agent had busy schedule. As days passed, we could not get any help. At one point, I asked my builder to remove the agent name from the contract, builder said that it can't be done. I reported my agent's behaviour with realtor's office. Nothing worked out. I also found that agent's another buyer customized home a little bit for same price. Is there a legal way to remove the agent name from my purchase agreement?
I think it might be too late. only way to keep agent from getting paid is to get out of your purchase agreement via the inspection contingency etc.
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Old 09-30-2010, 09:28 AM
 
5 posts, read 24,436 times
Reputation: 10
The agent represented me(1) and another buyer(2) in the same subdivision for new home with same model/elevation. I just found out that #2 has extended room size (foundation change) for the same price, my agent hide this option. I do not like to have agent's name in my purchase agreement since agent lied just for money by increasing my budget. I have no issues if the builder want to pay sales commission.
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Old 09-30-2010, 12:28 PM
 
4,145 posts, read 10,429,021 times
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So, you're jealous? Did you ask your agent to try and get larger rooms? How do you know the price the other buyer is paying?

Sounds like sour grapes, but you were obviously happy with your price and the house you were getting, or you wouldn't have signed a contract, correct?

Why are you worried about someone else, and why are you trying to prevent someone from making a living because you're jealous?
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Old 09-30-2010, 12:29 PM
 
Location: Austin
7,244 posts, read 21,814,092 times
Reputation: 10015
The builder can't do that. They have to put the name of the agent who brought you to them. You don't have to ever talk with this agent again, but you can't change the contract unless you completely terminate it, wait the builder's required amount of time before they don't think that agent is any longer a procuring cause, and then write a new contract. Many builders, even if it's 1 year later, will still put the original agent who introduced you to their community on the contract.

You either have to decide you don't want the house or you just have to get over it. That other house might have been in a less desirable part of the community, on a less desirable street, backing up to power lines, or something else that would warrant the same price for a larger size... or maybe that house has been on the market for several months and the builder is just ready to get rid of it. You don't know their situation to assume what you're assuming.
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Old 09-30-2010, 01:00 PM
 
5 posts, read 24,436 times
Reputation: 10
I'm not jealous about other buyer, not worried about the option that I missed. But, I did not like the behavior because my agent was the one suggested to go for higher model with same price as other buyer while I was all set with lower model already signed. When I re-signed the offer to higher, my agent avoided to visit the builder's sales office as saying that had some other work. Later, agent tried to avoid my phone calls, does not want to have eye contact. I did not realize any misdoing on agent part until I found the foundation difference on both home. Both my agent and seller agent send purchase price via email "we agree to match purchase price $xxxxxx with other buyer's home".
I also met other buyer couple of times, talked about all options we both added.
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Old 09-30-2010, 01:48 PM
 
5 posts, read 24,436 times
Reputation: 10
Thank you all for your replies
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Old 09-30-2010, 03:18 PM
 
Location: Columbia, SC
10,965 posts, read 21,988,738 times
Reputation: 10685
Quote:
Originally Posted by newtosite View Post
I'm not jealous about other buyer, not worried about the option that I missed. But, I did not like the behavior because my agent was the one suggested to go for higher model with same price as other buyer while I was all set with lower model already signed. When I re-signed the offer to higher, my agent avoided to visit the builder's sales office as saying that had some other work. Later, agent tried to avoid my phone calls, does not want to have eye contact. I did not realize any misdoing on agent part until I found the foundation difference on both home. Both my agent and seller agent send purchase price via email "we agree to match purchase price $xxxxxx with other buyer's home".
I also met other buyer couple of times, talked about all options we both added.
I don't know if your agent acted against you or not. I'm just going to play devils advocate because I've been handcuffed on negotiations before with buyers. If the other buyer went in and said I'm not going to buy this home unless you give me the larger rooms, the builder may have folded at risk of losing a client. If you accepted the first no or didn't care about the larger rooms, there may have been no need to push for it. I had a buyer once schedule the contract to write a contract w/o my input so when we went to write the offer I had no negotiating ability. Buyer had already told them they were going to buy the home and what they wanted. Also, sometimes its timing. Catch the builder in the right mood they may give a few concessions. Catch them in the wrong mood they may reject everything.

Could this be the case for you?
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