NOTE: This article is part of the forthcoming book, the Gotcha Guide™ to Buying or Investing in Real Estate. Email us to join the mailing list for the release date.
by DeeinAustin™
Being a real estate agent can be tough. Some clients think agents drive people around, show houses all day, and make easy cash so they can buy fancy cars or clothes and spend weekends on the golf course. On the contrary, most full-time professional real estate agents care deeply about our clients and just want to do a great job.
That said, a nice gentleman recently contacted me for help with his brother's Northwest Austin listing for a problem that he didn't know how to solve: Their agent simply stopped responding. He wanted to know what to do next.
Is the agent still in business? Did they give up? Should I fire them? How can we get our home sold if we can no longer believe in our agent?
WHAT TO DO IF YOU HAVE TO FIRE YOUR TEXAS REAL ESTATE AGENT
Step 1: Cool off. When we think we've been wronged, it's tough to think clearly. What's your top 1-3 reasons for wanting to discontinue your relationship? Write down your frustrations or discuss them with a friend to clearly articulate your top issues. We can sometimes nitpick a relationship when we're unhappy, but frustrations often boil down to a handful of more serious issues.
Step 2: Communicate. Get ready to clearly and directly express your dissatisfaction to your agent so you can both understand the improvements that should take place. The goal is to get on the same page. If you can have this conversation in person, it will be much more effective. Phone calls and emails aren't meant for efficient problem-solving and emotional reconnection.
Step 3: Wait. Give your agent a chance to respond. If you cannot reach them, try to give them at least 24-48 hours. They may be experiencing a health issue or other emergency, so it could be too soon to jump to conclusions. Once you speak with your, you may take them by surprise. It's fair and professional to set a goal on when you'd like to hear back from them so you can both decide on the next step.
HERE COMES THE BOOT
Step 4: If you still aren't happy, it could be time to start polishing the old boots to kick your agent to the curb. Per my contact at the Austin Board of REALTORS®, here are the proper steps in Texas:
- Review your written buyer agent contract or listing. Check whether the agreement still valid and if the agent followed the the terms. If you have no agreement in writing, shame on both of you. The purpose of getting a written buyer representation or listing agreement is to make sure all duties are clearly spelled out. If nothing is in writing, things get complicated.
- Send a registered letter that terminates the listing contract or buyer representation agreement, even if it's an oral agreement. The Texas Association of REALTORS® (TAR) has standard forms that you can use, such as TAR Form 1410 Termination of Listing or TAR Form 1530 Termination of Buyer/Tenant Representation.
- Remember that your agent is not required to release you from a still valid agreement. If you can show “cause” as to why the agreement should be terminated, it may be broken through legal processes. For instance, an attorney can write a “show cause” letter for you.
Once your agreement is fully terminated, you can find another agent to help you get back on track. Keep in mind that agents who are REALTORS® cannot help you until the prior agreement
is fully terminated.
Otherwise they could be violating the REALTOR® Code of Ethics.
-All rights reserved © Dee Copeland 2007
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