Expert: Jessica Bryan - 9/22/2008

Question
We are building a house through Southern Homes.  The agent that assisted us with finding this place is also our listing agent.  About a month after (we tried for sale by owner) we enlisted them to sell our house.  Well, we are getting close to completion of our house and this house still hasn't sold.  They have really failed us with advertising, etc.  We may be forced to rent out this house so we aren't forced to lose the one we are building.  

My question, since they did not live up to their end of the bargain with selling this one, one we take this house off the market, I would also like to fire them from being our agents to buy the new house.  I don't recall ever signing papers in regards to the new house.

Can we fire them from the purchase of that house as well??

Thanks so much!!  

Answer
Dear Heather;
I am sorry that you are dissatisfied with your agent and the job your agent has done for you.  I know that the market is soft right now-- meaning that it is a difficult time to sell a home.  It may not be the agent's fault that your home has not sold.  However, if you feel that they have not done a good job for you, then I suggest you talk to the agent and ask to be released from your contract in light of this.  I also suggest that you look over your listing agreement carefully to make sure that you don't have any financial obligations to the agent.

As for firing the agent for the purchase of the new home, you are welcome to do so, but it will not mean that the agent isn't entitled to compensation since he or she assisted you in finding that home.  This is a situation where the agent is entitled to be compensated for being the procuring cause of the sale and will seek payment either from you or the Seller.

Best wishes,
Jessica Bryan