Thursday, February 4, 2010

We are under contract to buy a house, our realtor isn't knowledgable, & gives false inform. can he be fired?

I would hire a real estate attorney to help.We are under contract to buy a house, our realtor isn't knowledgable, %26amp; gives false inform. can he be fired?
Anyone can be fired if they don't perform their job properly, but that would be up to the broker for whom the realtor works. You can certainly make a complaint to them, but the employer has the final say.





You don't provide enough details about your situation to give you an answer any more specific than that; sorry.We are under contract to buy a house, our realtor isn't knowledgable, %26amp; gives false inform. can he be fired?
no. call the broker and ask for additional help. you have hired the broker, not necessarily the agent. Note that at closing the commission check is made out to the Broker. so in other words you have hired the Broker.





if agent is not doing well the broker may have to supervise more than in other transactions.
stop listening to him. he works for the seller, not for you, unless you have a specific buyer's broker agreement with him.





and since you are under contract, he gets paid.





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part of every RE contract i've ever seen says that only the written representations of the seller as contained in the contract are binding and that all verbal 'information' amounts only to sales spiel and can not be relied on.





you need to do own homework. if you want to know what utility bills were last year, you get permission from seller and then go to the utility's office with written permission and copy of contract and ask.








of course, since you're under contract, it may be a case of closing the barn door after the horse escaped. this is why every buyer should hire and pay for his own advisor -- the pitfalls you'll probably avoid are more than worth her/his cost. local RE attorney usually makes a fine advisor.
Yes you can fire them. Just like anyone else can fire anyone in the free world. According to you, they have violated their ';ethics'; which makes it even easier.





It constantly amazes me how ignorant people are to the law. It doesnt matter if you signed a contract with this realtor. All it take is to turn to them and say ';you're fired';. Thats it. Of course, I would suggest sending it in writing for proof.





Buyer contracts are not worth the paper they are printed on. In fact, the only people who will even look at them is the realtor associations. No judge in any court would consider it binding since those documents ALWAYS break several laws. We live under law and contracts must abide by those laws. Real estate contracts very often make up rules which of course have no legal merit and in fact, makes the entire document illegal and non binding. To be sure on any contract, have a lawyer look at it. This can be very cheap, even free as many lawyers will tell you if they can help you or not with a free consultation.





In the end the real estate board may entertain a commision squabble but this is not your problem. They are a bunch of salesman not the police. Document everything. Every little mistake your realtor has made. Should the broker try and cause you trouble slam them with a lawsuit. Do not play there ';self governing'; game. What matters is the law. If the agent didnt work out, you fire them. This works with seller contracts too. Just becuase you sign up for say 90 days doesnt mean its in stone. You can fire them at any time for non performance. THats why we have the term ';non performance';.





The only thing you must keep in mind is who was introduced to whom before you fired them. You can fire them today, find a house tommorow and buy it wihtout them having any legal grounds. But if they introduced you to a house yesterday and you fire them today then buy that house, they are indeed entitled to commission.
Not at this stage, unless you want to involve a different realtor and pay another commission. You have not provided any information here, and it might be helpful to indicate what your exact situation comprises.

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