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  • Agents and Brokers: How to Deal With a Hostile Real Estate Agent


    My question involves real estate located in the State of: Florida



    What are my options for having another real estate agent from the same broker handle my closing if I am uncomfortable with my current agent? I do not want to object to him receiving his commission but his behavior is erratic and slightly disturbing and I just no longer want to interact with him.



    To give a background, my realtor told me via email that his broker's title company could not complete my title search in time for my closing date and we would most likely need an extension. We had already requested two extensions and were having a difficult time with the sellers with them threatening to put the home back on the market. Instead of requesting a third extension and based on the fact that he could not provide me with a breakdown of the costs, I told him I would find another title company and he agreed. About an hour later, I gave him the information of the new title company and he prepared an addendum to list the new company on the contract.



    The issue is that he failed to inform the previous title company that I would not be using them until two weeks after the decision. By that time, they had already done the work and then he asked me to pay both title companies. The issue is well documented via email e.g. I have an email from him sent to my new title company where he says "My broker's title company was just holding the escrow. My client did not officially choose to use our title company and decided to go with yours to keep the closing date."



    Now, he is vehemently denying all of this and completely misrepresenting the day this even occurred (despite it being in writing). When he started denying the events, I sent an email requesting that all further communication be done in writing. After my request, he sent me an email calling me "emotionally and mentally distressed" and accused me of trying to sabotage myself. I replied via email to say I would be sending his email to the National Association of Realtor's and from there it got even uglier. He then sent another email calling me a long list of names and said my mortgage broker thought I was a vile and disgusting human being. Then, in the final paragraph, he said he was "unsure why I was offended" and then apologized. He also went on my social media profiles.



    I know for a fact that he has a lot occurring in his personal life. At the beginning of the transaction, we were unable to sign the contract on the intended date due to his license being suspended for non-payment of child support. His most current email to me indicates that he is not in the best of mental health as he has threatened to contact my employer despite the fact that he is entirely wrong here. I contacted the previous title company, explained that I have the entire situation documented in writing and they are not holding me liable for the charges. It is likely it will be taken from his commission.



    The issue with the title company is just one on a laundry list of problems I've had with him since the beginning. He's made several derogatory comments throughout the process about me being a single woman and buying a house by myself. He has also accused the seller's realtor of trying to cut him out of the deal, despite there being zero evidence of this. She pointed out that he made several errors on the contract and asked him to fix them before the seller signed and he blew up at her, left her a nasty voicemail and sent her an email calling her the same type of names that he did to me. At this point, I am a bit scared to even contact his broker because I am fearful of what he might do. The email he sent has all the signals of a deranged and delusional person even though he did not explicitly state that he would cause me bodily harm. Do I have any options here?




  • #2
    Wow, that sounds insane! Even in light of your fear, I think you should go to the Principal Broker. You should not have to subject yourself to abuse to buy a house. Tell the Principal Broker of your experience and ask the him/her to take over the transaction. It sounds like their is a mental break happening. and I think the Principal Broker would really appreciate being made aware immediately. The Principal Broker can either assign another Broker or he could still have the Broker finish the job, and he simply acts as a liaison between the two of you for the remainder of the transaction.

    I would be very concerned about having an unstable Real Estate Broker representing my company, and would freak out at the idea of him being alone in houses with people. If the Principal Broker agrees with what you tell him/her, it seems reasonable that the Principal Broker will terminate the Broker from representing the Brokerage. I know that probably does not make you feel any better, but it sounds like this guy has lost his marbles.

    The only other option is to terminate the sales contract, and you could be risking your earnest money plus.

    You generally cannot just fire an agent and hire another one when you are in contract, because fired Broker's Principal Broker could pursue you/your new Agent for the commission, claiming that he was the procuring cause of the sale. It could cause legal/financial issues for you and your new Real Estate Broker after you finish the closing.

    I have never heard of anything like this before, my heart breaks for you, a wonderful achievement turned into a nightmare! I know an attorney might have other options, but as a Principal Broker myself, I would try to help you close the transaction without any further distress.
    Kim Knox, Licensed in the State of Oregon.
    Principal Broker, Owner, ABR, GRI, PME, A-REO, REDCpro,
    541-899-7222
    Jackson County Oregon Sales and Marketing

    Comment


    • #3
      I am in Florida. To answer your first question

      "What are my options for having another real estate agent from the same broker handle my closing if I am uncomfortable with my current agent? I do not want to object to him receiving his commission but his behavior is erratic and slightly disturbing and I just no longer want to interact with him."

      Contact his broker and talk. Its the broker that has control over that. Every broker I know would work something out with you, The broker may assign another agent and then pay that agent a referral fee, or even something else. But what ever the agreement is can be worked out internally between his broker and the agents in his office.

      As to the title company, First off are you the buyer or seller here. It is typical that here in Fl that the seller provided and pays for the title. The only thing the buyer would pay for is half the closing fee plus any thing the buyers lender requires. If you are the buyer and in the contract you asked the seller to pay for the title policy you can't not require a specific title company. The law in layman terms is pretty simple "He who pays gets to choose" So you may not have a choice there. However why does the title company need an extension. Title searches in todays day can be completed in less then 7 days and in many cases sooner. The only hold ups is not the title company but they may be waiting on a estoppel from the hoa/condo association, or even a pay off from the sellers lender It could also be the buyers lender if there is one. So normally its not actually the title company. Before you switch I suggest finding out why. If its the sellers/buyers lender or hoa/condo association then switching title companies won't really help. I would recommend calling the title company personally and find out the actually reason.

      As to going to the National Association of Realtors, that I would not recommend. NAR is for realtors. If I had an issue with that agent I would go to NAR. But you as a member of the general public, I would recommend FREC or Florida Real Estate Commission. There sole job is to protect the general public from well bad realtors/brokers. Here is the web site. http://www.myfloridalicense.com/dbpr/RE/frec.html There you can also check out your agent to see if he even has a license and or if he has had a complaint filed in the last seven years.

      One this that concerns me greatly is your statement "At the beginning of the transaction, we were unable to sign the contract on the intended date due to his license being suspended for non-payment of child support." If that is true that is a felony here in the state of Florida. To that you should file a complaint with the link I provided. There is a procedure for that. If true both your agent along with his broker are in violation of State Law. Both can be fined/suspended and or even license revoked. That is a serious violation here. In fact forget me, even if my broker has his license suspended and I have nothing to do with it I am pretty much out of business till I get another broker.
      Last edited by Reodude; 08-10-2016, 06:57 AM.
      Alan Plager
      Berkshire Hathaway HomeServices
      Top Ten for units US 2015
      Over 6,000 Units Sold
      Toll Free 1-888-722-2098
      Office 727- 451-8776
      Email Alan@LoveTampabay.com
      Web AlanPlager.com

      Comment


      • #4
        Nice info!

        Comment


        • #5
          Originally posted by Reodude View Post
          I am in Florida. To answer your first question

          "What are my options for having another real estate agent from the same broker handle my closing if I am uncomfortable with my current agent? I do not want to object to him receiving his commission but his behavior is erratic and slightly disturbing and I just no longer want to interact with him."

          Contact his broker and talk. Its the broker that has control over that. Every broker I know would work something out with you, The broker may assign another agent and then pay that agent a referral fee, or even something else. But what ever the agreement is can be worked out internally between his broker and the agents in his office.

          As to the title company, First off are you the buyer or seller here. It is typical that here in Fl that the seller provided and pays for the title. The only thing the buyer would pay for is half the closing fee plus any thing the buyers lender requires. If you are the buyer and in the contract you asked the seller to pay for the title policy you can't not require a specific title company. The law in layman terms is pretty simple "He who pays gets to choose" So you may not have a choice there. However why does the title company need an extension. Title searches in todays day can be completed in less then 7 days and in many cases sooner. The only hold ups is not the title company but they may be waiting on a estoppel from the hoa/condo association, or even a pay off from the sellers lender It could also be the buyers lender if there is one. So normally its not actually the title company. Before you switch I suggest finding out why. If its the sellers/buyers lender or hoa/condo association then switching title companies won't really help. I would recommend calling the title company personally and find out the actually reason.

          As to going to the National Association of Realtors, that I would not recommend. NAR is for realtors. If I had an issue with that agent I would go to NAR. But you as a member of the general public, I would recommend FREC or Florida Real Estate Commission. There sole job is to protect the general public from well bad realtors/brokers. Here is the web site. http://www.myfloridalicense.com/dbpr/RE/frec.html There you can also check out your agent to see if he even has a license and or if he has had a complaint filed in the last seven years.

          One this that concerns me greatly is your statement "At the beginning of the transaction, we were unable to sign the contract on the intended date due to his license being suspended for non-payment of child support." If that is true that is a felony here in the state of Florida. To that you should file a complaint with the link I provided. There is a procedure for that. If true both your agent along with his broker are in violation of State Law. Both can be fined/suspended and or even license revoked. That is a serious violation here. In fact forget me, even if my broker has his license suspended and I have nothing to do with it I am pretty much out of business till I get another broker.
          This is very useful and valuable post. Thanks Reodude for sharing it.

          Comment

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