Home › Forums › Closed Forums › Buying and Selling RE › Should I change my realtor?
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urbanrealtor.
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July 15, 2009 at 10:40 PM #431942July 15, 2009 at 11:45 PM #431233
NotCranky
Participant[quote=Effective Demand][quote=SD Realtor]ED it could be a slippery slope. What if the OP was on an auto MLS feed and got the new listing information from email that the original agent sent? Getting the cancellation agreement is always the cleanest way to sever the relationship. Even with that cancellation, IF the OP goes back to one of the homes that the original realtor showed them, it would be best to use the original realtor to buy that previously shown home just to make triple sure. I would agree it would be best to consult an attorney.[/quote]
Again, from everything I have read regarding procuring cause it is about the uninterrupted chain of events leading to an offer. The agent refusing to submit an offer breaks the chain. I would always of course try for a written piece of paper just to make things clean. But I still feel outside of a previously signed agreement that the agent in question would have no leg to stand on. Thats just one anonymous persons non-legal opinion on the matter.[/quote]
Effective Demand,
I would not bother with a lawyer,given the information provided so far, for the reasons you are describing.I would not even sweat a formal release from a contract,if there is any contract although I would ask for it. I would also contact any supervising broker. I would do something to make it very clear that there was not a misunderstanding about how the chain of events got broken.I would let the agent know that his non-willingness to make a reasonable offer was considered by me to be bad faith. This would just be to establish a precautionary paper trail and to plant a seed of discouragement in the mind of the non-performing agent should some malicious idea occur to him.This is also not legal advice. It is how I would handle the situation given the information offered. I think there is a very slim chance anything negative would come of it and if it did it could be easily dispatched.
In case anyone wants it, the number to SDAR is 858-715-8000. The operator can put you in contact with someone in the ethics department.
July 15, 2009 at 11:45 PM #431446Participant[quote=Effective Demand][quote=SD Realtor]ED it could be a slippery slope. What if the OP was on an auto MLS feed and got the new listing information from email that the original agent sent? Getting the cancellation agreement is always the cleanest way to sever the relationship. Even with that cancellation, IF the OP goes back to one of the homes that the original realtor showed them, it would be best to use the original realtor to buy that previously shown home just to make triple sure. I would agree it would be best to consult an attorney.[/quote]
Again, from everything I have read regarding procuring cause it is about the uninterrupted chain of events leading to an offer. The agent refusing to submit an offer breaks the chain. I would always of course try for a written piece of paper just to make things clean. But I still feel outside of a previously signed agreement that the agent in question would have no leg to stand on. Thats just one anonymous persons non-legal opinion on the matter.[/quote]
Effective Demand,
I would not bother with a lawyer,given the information provided so far, for the reasons you are describing.I would not even sweat a formal release from a contract,if there is any contract although I would ask for it. I would also contact any supervising broker. I would do something to make it very clear that there was not a misunderstanding about how the chain of events got broken.I would let the agent know that his non-willingness to make a reasonable offer was considered by me to be bad faith. This would just be to establish a precautionary paper trail and to plant a seed of discouragement in the mind of the non-performing agent should some malicious idea occur to him.This is also not legal advice. It is how I would handle the situation given the information offered. I think there is a very slim chance anything negative would come of it and if it did it could be easily dispatched.
In case anyone wants it, the number to SDAR is 858-715-8000. The operator can put you in contact with someone in the ethics department.
July 15, 2009 at 11:45 PM #431737Participant[quote=Effective Demand][quote=SD Realtor]ED it could be a slippery slope. What if the OP was on an auto MLS feed and got the new listing information from email that the original agent sent? Getting the cancellation agreement is always the cleanest way to sever the relationship. Even with that cancellation, IF the OP goes back to one of the homes that the original realtor showed them, it would be best to use the original realtor to buy that previously shown home just to make triple sure. I would agree it would be best to consult an attorney.[/quote]
Again, from everything I have read regarding procuring cause it is about the uninterrupted chain of events leading to an offer. The agent refusing to submit an offer breaks the chain. I would always of course try for a written piece of paper just to make things clean. But I still feel outside of a previously signed agreement that the agent in question would have no leg to stand on. Thats just one anonymous persons non-legal opinion on the matter.[/quote]
Effective Demand,
I would not bother with a lawyer,given the information provided so far, for the reasons you are describing.I would not even sweat a formal release from a contract,if there is any contract although I would ask for it. I would also contact any supervising broker. I would do something to make it very clear that there was not a misunderstanding about how the chain of events got broken.I would let the agent know that his non-willingness to make a reasonable offer was considered by me to be bad faith. This would just be to establish a precautionary paper trail and to plant a seed of discouragement in the mind of the non-performing agent should some malicious idea occur to him.This is also not legal advice. It is how I would handle the situation given the information offered. I think there is a very slim chance anything negative would come of it and if it did it could be easily dispatched.
In case anyone wants it, the number to SDAR is 858-715-8000. The operator can put you in contact with someone in the ethics department.
July 15, 2009 at 11:45 PM #431807Participant[quote=Effective Demand][quote=SD Realtor]ED it could be a slippery slope. What if the OP was on an auto MLS feed and got the new listing information from email that the original agent sent? Getting the cancellation agreement is always the cleanest way to sever the relationship. Even with that cancellation, IF the OP goes back to one of the homes that the original realtor showed them, it would be best to use the original realtor to buy that previously shown home just to make triple sure. I would agree it would be best to consult an attorney.[/quote]
Again, from everything I have read regarding procuring cause it is about the uninterrupted chain of events leading to an offer. The agent refusing to submit an offer breaks the chain. I would always of course try for a written piece of paper just to make things clean. But I still feel outside of a previously signed agreement that the agent in question would have no leg to stand on. Thats just one anonymous persons non-legal opinion on the matter.[/quote]
Effective Demand,
I would not bother with a lawyer,given the information provided so far, for the reasons you are describing.I would not even sweat a formal release from a contract,if there is any contract although I would ask for it. I would also contact any supervising broker. I would do something to make it very clear that there was not a misunderstanding about how the chain of events got broken.I would let the agent know that his non-willingness to make a reasonable offer was considered by me to be bad faith. This would just be to establish a precautionary paper trail and to plant a seed of discouragement in the mind of the non-performing agent should some malicious idea occur to him.This is also not legal advice. It is how I would handle the situation given the information offered. I think there is a very slim chance anything negative would come of it and if it did it could be easily dispatched.
In case anyone wants it, the number to SDAR is 858-715-8000. The operator can put you in contact with someone in the ethics department.
July 15, 2009 at 11:45 PM #431968Participant[quote=Effective Demand][quote=SD Realtor]ED it could be a slippery slope. What if the OP was on an auto MLS feed and got the new listing information from email that the original agent sent? Getting the cancellation agreement is always the cleanest way to sever the relationship. Even with that cancellation, IF the OP goes back to one of the homes that the original realtor showed them, it would be best to use the original realtor to buy that previously shown home just to make triple sure. I would agree it would be best to consult an attorney.[/quote]
Again, from everything I have read regarding procuring cause it is about the uninterrupted chain of events leading to an offer. The agent refusing to submit an offer breaks the chain. I would always of course try for a written piece of paper just to make things clean. But I still feel outside of a previously signed agreement that the agent in question would have no leg to stand on. Thats just one anonymous persons non-legal opinion on the matter.[/quote]
Effective Demand,
I would not bother with a lawyer,given the information provided so far, for the reasons you are describing.I would not even sweat a formal release from a contract,if there is any contract although I would ask for it. I would also contact any supervising broker. I would do something to make it very clear that there was not a misunderstanding about how the chain of events got broken.I would let the agent know that his non-willingness to make a reasonable offer was considered by me to be bad faith. This would just be to establish a precautionary paper trail and to plant a seed of discouragement in the mind of the non-performing agent should some malicious idea occur to him.This is also not legal advice. It is how I would handle the situation given the information offered. I think there is a very slim chance anything negative would come of it and if it did it could be easily dispatched.
In case anyone wants it, the number to SDAR is 858-715-8000. The operator can put you in contact with someone in the ethics department.
July 16, 2009 at 1:09 PM #431517aldante
ParticipantOMG,
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Got me rolling dude.
Thanks I needed that todayJuly 16, 2009 at 1:09 PM #431726ParticipantOMG,
LOOOOOOOOOOOOOOOOOOOOOOOOOOLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL!!!!
Got me rolling dude.
Thanks I needed that todayJuly 16, 2009 at 1:09 PM #432020ParticipantOMG,
LOOOOOOOOOOOOOOOOOOOOOOOOOOLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL!!!!
Got me rolling dude.
Thanks I needed that todayJuly 16, 2009 at 1:09 PM #432090ParticipantOMG,
LOOOOOOOOOOOOOOOOOOOOOOOOOOLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL!!!!
Got me rolling dude.
Thanks I needed that todayJuly 16, 2009 at 1:09 PM #432249ParticipantOMG,
LOOOOOOOOOOOOOOOOOOOOOOOOOOLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL!!!!
Got me rolling dude.
Thanks I needed that todayJuly 16, 2009 at 1:19 PM #431533briansd1
Guest[quote=ArmoRealtor]
The listing agent does not work for you. They work for the seller.
If your looking to go in a little low (which is perfectly fine) you will most likely want to get a buyers agent that wants to represent you at whatever price you are comfortable with. It is always best to find a recent comp that justifies the price. Unrealistic sellers need to see proof
of why their home is worth what you say it [/quote]Technically, if you are submitting an offer through the seller’s agent, that agent is bound by fiduciary duty to submit all offer to the seller. He would be in breach of duty if he didn’t present your offer, unreasonable as he feels it might be, to the seller.
If you’re working with your own buyers’ agent, that agent is not bound by such duty to present all offers to the seller.
July 16, 2009 at 1:19 PM #431743Guest[quote=ArmoRealtor]
The listing agent does not work for you. They work for the seller.
If your looking to go in a little low (which is perfectly fine) you will most likely want to get a buyers agent that wants to represent you at whatever price you are comfortable with. It is always best to find a recent comp that justifies the price. Unrealistic sellers need to see proof
of why their home is worth what you say it [/quote]Technically, if you are submitting an offer through the seller’s agent, that agent is bound by fiduciary duty to submit all offer to the seller. He would be in breach of duty if he didn’t present your offer, unreasonable as he feels it might be, to the seller.
If you’re working with your own buyers’ agent, that agent is not bound by such duty to present all offers to the seller.
July 16, 2009 at 1:19 PM #432037Guest[quote=ArmoRealtor]
The listing agent does not work for you. They work for the seller.
If your looking to go in a little low (which is perfectly fine) you will most likely want to get a buyers agent that wants to represent you at whatever price you are comfortable with. It is always best to find a recent comp that justifies the price. Unrealistic sellers need to see proof
of why their home is worth what you say it [/quote]Technically, if you are submitting an offer through the seller’s agent, that agent is bound by fiduciary duty to submit all offer to the seller. He would be in breach of duty if he didn’t present your offer, unreasonable as he feels it might be, to the seller.
If you’re working with your own buyers’ agent, that agent is not bound by such duty to present all offers to the seller.
July 16, 2009 at 1:19 PM #432107Guest[quote=ArmoRealtor]
The listing agent does not work for you. They work for the seller.
If your looking to go in a little low (which is perfectly fine) you will most likely want to get a buyers agent that wants to represent you at whatever price you are comfortable with. It is always best to find a recent comp that justifies the price. Unrealistic sellers need to see proof
of why their home is worth what you say it [/quote]Technically, if you are submitting an offer through the seller’s agent, that agent is bound by fiduciary duty to submit all offer to the seller. He would be in breach of duty if he didn’t present your offer, unreasonable as he feels it might be, to the seller.
If you’re working with your own buyers’ agent, that agent is not bound by such duty to present all offers to the seller.
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