Question:

Can I get sued for changing real estate agent?

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My mother is new at buying a house and giving me headache. I was busy at the time she went everywhere to get a real estate agent and stuff. I just realized taht the one she got is really dumb very irresponsible. My mother tells me that she did NOT sign anything and only gave the agent some info about her situation. The real state agent helped her get loan financing options but she did not take any. She did submit an offer for a house but didn't go through.

Now, my mother is telling me that other real estate agents told her that she can get sued for changing her real estate agent. I think this is stupid. I am really not sure. please advise.

Btw, I am just a recent college graduate working at a biotech firm, so I don't know anything at all.

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5 ANSWERS


  1. Your mother must have signed something to put in an offer and likely she signed a number of things.  I don't think you are getting the whole story here.


  2. Good observation from "Expert Realtor." Now, some Realtors don't get people to sign a buyer's agreement. That's very risky for the Realtor. However, it's possible. Still, get any papers your mother signed. If she continues to insist that she didn't sign any, contact the Realtor and ask for the documents. Have a signed statement from your mom giving you the authority to ask.

    The penalty in that situation isn't being sued...at least not initially. The problem is, depending on the agreement, your mom may have agreed to pay a commission to the Realtor for any property she bought within a specific time frame if the Realtor was not compensated by the listing agent.

    Usually, the buyer's agent does receive a commission from the listing agent, so the buyer's agent doesn't have to look to his/her client for his/her share of the commission. But the buyer's agent does have the right to collect the commission from the buyer. If your mom were to buy (within the time frame specified in the agreement...if one exists) then she could owe the Realtor the commission. And if your mom failed to pay, then the Realtor could sue her.

    So: Talk to your mom. Then talk to the Realtor. Find out what's going on. If there appears to be a major problem, you may then want to talk to the Realtor's broker--sort of like the "boss" (except that Realtors are independent contractors, not employees).

    Take it one step at a time.

    Hope that helps.

  3. I guarantee that the first agent had her sign a contract for a buyer's agency agreement when the offer was made on the first house and until she is released from that contract, it still stands.

    You want to know how I know that?  Because that is the ONLY way the agent would have got paid b/c real estate SALES contracts DO NOT mention anything about a real estate commission.

    So, if I were you, I would call that agent and get a copy of everything your mother signed, and have your mother sign a release allowing you to have it.

    Evidently the agent wasn't that dumb, because managed to get your mother to sign.

  4. Unless she signed a contract, she isn't bound to stay with the same agent.

  5. just tell him it is not working out

    did he threaten to sue

    report him to your state real estate commissioner

    people like this do not deserve a warning and give good agents a bad name

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