Expert: Karyn Foley - 7/5/2007

Question
I don't currently live in the place I'm trying to buy a condo. I found a listing online and contacted the agent, who offered to show me all the properties I was interested in. I said OK and she showed me a bunch of units one weekend. I was interested in making an offer on one of the condos, so we signed an agent agreement w/ her when we made the offer. The condo development came back w/ a counteroffer. I talked w/ the agent about wanting to negotiate a few more things, and she said she would work on putting another offer together. It's been over a week and I still haven't heard from her, despite phone calls from my end. I feel like we're always having to go the extra mile to get in touch w/ her, leaving multiple phone calls and e-mails before getting a response. She always takes days to get back to us, even with the first offer, and I feel she's not making me a priority. What are the next steps to take? Can I get out of the buyer's agent agreement to find another agent or work independently?

Please let me know. Your guidance is greatly appreciated.

Answer
Dear Linda:  I am sorry you had initially selected an agent who is not working for you.  There are different kinds of broker/buyer agreements, and I am not privy to the one that you signed.  However, they are usually bilateral agreements, meaning that she signed, too, agreeing to certain obligations with reference to representation.  She has obviously been ignoring you, acting unprofessional, and breached any and every duty to do what needed to be done in a timely manner.  Please detail a list of everything you requested, and that which she did not fulfill, and send it to her as soon as possible.  Keep a copy, and even send a copy to her office manager or owner.  Then, go out and find another agent.  Try not to sign anything, as most of these agreements may not even be enforceable.  You should feel free to work independently, if you wish.  However, quality representation is an advantage; just be sure you pick a better agent.  A problem may occur, though, if you try to continue to purchase the condo that you originally made an offer on through agent number one.  You may have some obligation with agent number one.  If you do wish to go ahead with agent two on property one, then put this in writing, giving agent one three business days in which to respond, or you will thus consider your agreement void and tacit agreement given by agent one to work on the same property with another agent and owe agent one nothing.  Still, if this is the case, check with the owner or manager of agent one's company.  To avoid conflict, the owner/manager may suggest another agent in the same office to work with you to complete the negotiations.  Let me know, and good luck. If it becomes a legal hassle, you may have to get a lawyer involved.....Karyn Foley