Buyer's Agency Agreement

[PaulaAbdul]

What is the name of your state (only U.S. law)? WA

Had agent show 5 houses that we found online on Saturday
Narrowed down to 2 second showings on Sunday
Offer on Monday with favorite

Put exclusive buyer's agreement in offer paperwork, told us he'd simply rip it up if we weren't happy. That it's for if he shows us a house, and we go with a friend.

Unable to reach mutual acceptance on offer. Emailed him and said that we'd let him know if we wanted help again and that it left a bad taste in our mouths.

Couple months later, invited to same party agent was attending. Told hostess that it wasn't a good idea because we had a falling out. She said that realtor is aware that we are working with someone else and knows that not all personalities get along with each other. Went to party, and he did not.

7 months later purchased home with another realtor. A month after closing, he talked to his broker about putting so much time into working with us and he deserves the 3%. They are suing us for it plus interest.

What are our options? We do not want to settle since he didn't earn any money in our opinion. Can we counterclaim for extortion/duress since he didn't do any work for this sale, and we hadn't talked to him for over 6 months?

 

[Mass_Shyster]

Can we counterclaim for extortion/duress since he didn't do any work for this sale

No. A lawsuit does not constitute distress or extortion.

He actually has a good case, if you violated the terms of the agreement. If he actually slipped the agreement in without your knowledge, you may be able to claim fraud (in the factum or in the inducement - I'll have to look that one up). You also have a defense that he verbally let you out of the agreement.

I disapprove of his behavior, and would go out of my way to warn others before they sign up with him.

 

[PaulaAbdul]

What to do?

I disapprove of his behavior, and would go out of my way to warn others before they sign up with him.

We have only told close friends as we don't want to be sued for slander. Are there legal ways to warn others? Contact the BBB? One of my co-workers pointed out that there is a news anchor that will approach people with poor business practices. I do want to get the word out. I guess the broker is known for not letting go of these cases and dragging them out until the client can no longer afford an attorney. The BBB gave this company an A+ rating, but from talking to other real estate agents, they are known for suing.

We are just beside ourselves...

 

[latigo]

What is the name of your state (only U.S. law)? WA

Had agent show 5 houses that we found online on Saturday
Narrowed down to 2 second showings on Sunday
Offer on Monday with favorite

Put exclusive buyer's agreement in offer paperwork, told us he'd simply rip it up if we weren't happy. That it's for if he shows us a house, and we go with a friend.

Unable to reach mutual acceptance on offer. Emailed him and said that we'd let him know if we wanted help again and that it left a bad taste in our mouths.

Couple months later, invited to same party agent was attending. Told hostess that it wasn't a good idea because we had a falling out. She said that realtor is aware that we are working with someone else and knows that not all personalities get along with each other. Went to party, and he did not.

7 months later purchased home with another realtor. A month after closing, he talked to his broker about putting so much time into working with us and he deserves the 3%. They are suing us for it plus interest.

What are our options? We do not want to settle since he didn't earn any money in our opinion. Can we counterclaim for extortion/duress since he didn't do any work for this sale, and we hadn't talked to him for over 6 months?

Would the following apply to the agent's entitlement to receive a commission in connection with your purchase? You don't mention having signed an agreement employing the individual as your buyer's representative.

Revised Code of Wasington (RCW) 19.36.010 Contracts, etc., void unless in writing.

In the following cases, specified in this section, any agreement, contract, and promise shall be void, unless such agreement, contract, or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him or her lawfully authorized, that is to say:

* * * *

(5) an agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or a commission.

 

[PaulaAbdul]

Buyer's Agent Agreement

Yes, we signed the Buyer's Agent Agreement because he said it was part of the offer paperwork. He also said that it was for extreme cases like if he showed us a house and we went with a friend or the selling agent. Further, he said he'd rip it up if we weren't happy with him. Isn't that a verbal contract?

Also, isn't that misrepresentation on his part? He wasn't working for our best interest, and when we emailed him saying that we were no longer wanting to work with him, shouldn't he have told us to go to his broker and fill out paperwork? This seems like common sense to real estate agents/brokers/lawyers, but this is something that common people do not know. It is not spelled out in the agreement, it just says in writing, which email is in writing.

I spoke with others that have used this agent, and they say he gives them the blow over with this contract within the offer paperwork too. They also said that they wouldn't know how to break that contract either, and that they would've emailed the agent too. Two of them are willing to testify in court.

It was brought to this agent's attention that he is losing referrals due to this from 4 previous customers, and he replied, "That is unfortunate." He continued by saying that he can get money from suing people that haven't canceled the buyer's agreement. This whole conversation was with the mutual friend at a customer appreciation party. He also bragged that he made sure no one in his office showed our house we had for sale. I didn't even notice until I was told that.

Of course, this is hear-say, and we can't prove it because it was verbal.

What do you think we should do? This isn't right, but I don't want to drive our savings into the ground either.

 

[justalayman]

He wasn't working for our best interest, and when we emailed him saying that we were no longer wanting to work with him, shouldn't he have told us to go to his broker and fill out paperwork?

why? He was not obligated to terminate the contract.

the house you purchased; did the agent (that is suing you) show you that house?

what was the duration of the contract (dates) and when did he or anybody else show you the house you purchased?

does the contract state that the agent is due a commission on any house you purchase during the time you were contracted with each other or does it speak to procuring cause or him having some place in the purchase?

 

[HomeGuru]

The answers lie within the signed Buyer Agent Agreement.

 

[PaulaAbdul]

why? He was not obligated to terminate the contract.

the house you purchased; did the agent (that is suing you) show you that house?

what was the duration of the contract (dates) and when did he or anybody else show you the house you purchased?

does the contract state that the agent is due a commission on any house you purchase during the time you were contracted with each other or does it speak to procuring cause or him having some place in the purchase?

It is vague and says to cancel in writing, which is an email in our eyes. The contract was for one year, and if we knew that wasn't enough, we would've found out what to do to void the contract.

We did not work or talk with the agent for over 6 months before we purchased this house. He did not show us this house or do anything with this house. We looked at the house in December, and the contract was in June.

 

[Mass_Shyster]

It is vague and says to cancel in writing, which is an email in our eyes. The contract was for one year, and if we knew that wasn't enough, we would've found out what to do to void the contract.

We did not work or talk with the agent for over 6 months before we purchased this house. He did not show us this house or do anything with this house. We looked at the house in December, and the contract was in June.

You're going to have to bring the contract to a local attorney along with a copy of the email correspondence and anything else you have regarding this.

The email cancellation may or may not be effective. The contract may or may not be enforceable. Nobody can intelligently guess without reading it and understanding local contract law.

 

[HomeGuru]

That's right.

 

[PaulaAbdul]

Term of the agreement

This Agreement will expire __365 day__ (120 days from signing if not filled in) or by prior written notice by either party. Bkuyer shall be under no obligation to the Firm except for those obligations existing at the time of termination.

Is this the part you were talking about?

 

[Mass_Shyster]

Is this the part you were talking about?

Nope. I was talking about bringing the entire contract to an attorney, not just one sentence.

 

[PaulaAbdul]

Entire contract

Ok, we did that. He is working on a response letter now. I was just trying to get other perspectives on the matter.

 

[HomeGuru]

Ok, we did that. He is working on a response letter now. I was just trying to get other perspectives on the matter.

**A: keep us posted.

 

[PaulaAbdul]

Update

**A: keep us posted.

It's been nearly a month, and we have not heard back from our response letter. Is that usually good or bad news? Are we allowed to contact their lawyer and find out if the case has been dropped?