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Looking for a little advice and suggestions on handling a situation.
We are looking to buy a home and did our research into what was available and what we were interested in seeing. We made our list of properties and began viewing properties with our agent.
We narrowed our list down and had our favorite two properties. When viewing the homes, he assured us there was no activity on the homes and the market had slowed down. We asked him for suggestions and opinions on either property as we were ready to prepare an offer for the one we determined to would be the better offer. It took him two days to get back with us.
When he did get back to us, the home at the top of our list had sold. He was aware of our interest in the house, aware there was an offer on the house, but chose to not tell us of the offer because he did not think the buyer and seller would come to an agreement.
After this, we told him to PLEASE let us know of any activity or offers on the other home on our list, so that we would be sure to not miss out on the opportunity to at least consider an offer on a home. I followed up the next day with an outline of an offer we would like to make on our other home, but have yet to hear back from him about it (it has been 3 days).
I have no doubt he has done some work for us, but communication has been a big issue with him and getting any advice from him at all is taxing. He has brought no properties to us, all the properties we've seen have been the ones we requested to see. He actually recommended not showing some homes to us because he didn't think we would like them. The home at the top of our list was one of these homes that he did not want to show us. We insisted, we saw it, and we liked it, but it was the one that was sold without us knowing about it until it was already sold.
We are ready to change agents, but are wondering how to handle it. We also want to make sure that if we end up with property number 2 on our list that our old agent won't be able to come after us due to the procuring cause.
We have not signed any documents or contracts with our current agent.
Thanks for reading and we look forward to any advice.
If you haven't signed anything I can't imagine how they could come after you. Now they might go after your new agent, but that is between them. I think as long as you make a new agent aware of the situation that should be the end of it for you.
We made our list of properties and began viewing properties with our agent. We have not signed any documents or contracts with our current agent.
We are ready to change agents, but are wondering how to handle it.
If he sucks fire him. If you have signed nothing then by my state laws he is owed nothing. Check your state laws or inform your new agent to be sure you are good in your state as well. If your new agent is competent he should know the state agency laws. If the new agent doesn't know or understand agency laws fire him too and keep looking.
I'm not sure what state you are in, but in my state (Maine) he is NOT your agent without a written agreement and the agreement would be between you and the real estate agency, which would appoint him as your agent. Has he asked you to sign with his agency? By state law if I am working with you as a "customer" and I am also working with "clients" who have a written agreement on file, I have to put their needs ahead of yours. I know that there are several states where agents prefer not to work with written agreements, I'm glad our state makes it the law (as of 7/1/06), there is no gray area.
Handle changing agents. Is it simply a phone call telling him we are changing?
If you didn't sign anything then he isn't your agent now and you aren't "changing" if you start up with another agent.
Hopefully this fellow will have the sense to sign you up before doing anything.
I would disagree with some of what other people have said in this thread. In my state, whether you've signed a contract or not, this guy is your agent. This being said, you did not sign anything so you're certainly not bound to him in any way and do not need to continue with them as your agent. No need to fire them as you don't have a contract. You can just stop calling the agent if you want. However, I think you should make it clear that you're dissatisfied with their service. Maybe they'll learn from their mistake or maybe they'll learn that they shouldn't be in this business.
As you have not submitted an offer to property #2, your (former) agent would have a really hard time proving procurring cause.
Thanks for all the replies. I'm in Oklahoma and I've tried to look up any relevant laws, but haven't seen anything yet.
I hate having to even consider any of this as I just want to get a house for my family.
Thanks again.
Discuss the situation with the future OK agent you choose. He can verify your position. OK laws should be similar to Tx and here we need a signed Buyer Representation agreement. Without that you are not my client but a customer with no obligation.
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