Expert: Jessica Bryan - 5/16/2006

Question
I have just started looking for a home in AZ and signed a contract with an agent to show me homes. I am not happy with him. He is not responsive and when he is, he is rude and condescending. Can I fire him and if so, how do I do about it?

Thank you

Answer
Dear Tony;
Most contracts are not absolute.  There is usually a way out.  If the agent isn't working well with you  then you can probably call his Broker in Charge at the office and discuss finding a different agent.  If you read the contract it probably has the agent's name acting as agent for a certain brokerage.  You, in essence, are the client of the Brokerage and the agent is simply representing that particular brokerage.  Most agents understand that they are not always going to get along with all of their clients. (If I found out that a client of mine wasn't happy with my performance, I would be more than happy to release the client from his or her contract since I wouldn't like for them to harbor hostilities for me.  That never makes for a good working relationship.)

If your agent happens to be an independant broker and doesn't work for anyone, then a candid conversation with the agent is suggested.  Re-read your contract and make sure that you know what you are responsible for if you walk away.  If the agent is resistant to breaking the contract, you might need to consult an attorney.  

One more thing, if you feel uncomfortable discussing your feelings with your agent, putting them in writing along with your wish to dissolve the agency agreement is advisable.  Send one copy to the agent and the other to the managing broker.

Good luck and best wishes.
Sincerely,
Jessica Bryan
Managing Broker
House to Home Realty Services