Posted by Natalie-VA on July 10, 2005 at 11:41:46:
Tony,
I’m not an attorney; I’m a RE Broker.
Did your written agreement with the agent outline exactly what their duties would be?
If so, you should send a letter to the Broker informing them that they have 48 hours to send the written letter to the builder. If they don’t take care of it, tell them you will report them to the state real estate board (or whatever your licensing authority is called). You should document in this letter the various reasons that you feel the agent has not performed to the terms of your agreement.
By the way, your lucky that the builder is even willing to pay your agent. Usually they will not pay an agent who comes aboard after the contract is signed.
Facts:
My wife and I decided to purchase a new construction home. After finding a builder, selecting a model and lot, selecting options, and signing a contract with the builder, we decided to hire a buyer’s agent to help us through the remainder of the process (e.g., construction, inspections, etc). The agent signed an Agent Declaration Form one week after we signed to contract to purchase the home.
Issue:
Our agent was not conducting period visits to the home site or maintaining consistent communication with us. We decided to dissolve our relationship and have since chosen a new agent. In order for our new agent to receive commission for the purchase of our home, we need to have the original agent acknowledge, in writing, to the builder that he is no longer acting as our agent. We have made numerous attempts to obtain this written confirmation, but have been unsuccessful. The agent and his broker will not even return our phone calls.
Question:
What suggestions do you have to remedy this situation?