Expert: Dick Dennis - 6/8/2006

Question
I recently signed an agreement with a real estate broker to act as my buyer's agent to help me find and purchase a condo.  His original agreement was that once I purchased a condo, he would keep 1/3 of the buyer's agent commission and credit me 2/3 of the commission at closing.

He unilaterally tried to change the agreement to get an up-front retainer for his work.  I refused, and he told me he no longer wants to represent me.

Since I signed his agreement to represent me for 12 months, and he verbally broke the agreement, how do I protect myself if I use another buyer's agent and he comes back to me claiming payment based on the original contract?

Answer
Simply get him to give you a WRITTEN release from that buyer's agency agreement. If he/she refuses to do that, then YOU write a release saying what he said and send it to him via certified mail, return receipt requested. By him or her not responding within a specific amount of time basically clears your concern.

I wish you well.

Dick Dennis          dixiedee13@aol.com