Faqs

Question: I’m currently being represented by a realtor who does not accompany me on showing new homes in communities. They also don’t return calls or emails. Can I remove them so they don’t receive a commission without legal trouble or a battle?

Answer:

Contact the responsible broker for “said” agent’s company and find out if you signed anything. If the agent did have you sign something, but never turned it in to the broker, although valid, you can claim “lack of performance” by the agent. The agent did not responsibly act on your behalf, nor did they represent their brokerage properly. The contract called “Buyer/Broker Agreement” or an “Exclusive Employment Agreement” is between the Broker and the client. The agent is considered a representative of the brokerage…but in fact STILL represents the brokerage. If the Broker is unaware of the document, and the agent is acting in a way that does not represent the industry in a professional manner, the agent is guilty of “non-performance”. The Buyer/Broker contract is bi-lateral and is based of “promise for promise”. The client promises to pay the broker for performance, not for singing a document.