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Not all matches are made in heaven - and that goes for relationships between homebuyers and agents, too. If the thrill is gone and your agent isn't doing the job you expected, how do you move on?
It may not be easy. Agents do a lot of up-front work for free - usually they don't get paid until you close on a house. So they need to protect themselves from unscrupulous buyers who use up a lot of their time and then try to cut them out of a deal. You may have to request a clause in your agent agreement that lets you terminate your relationship with 48 hours' notice. Make it clear that you want to work with the agent and expect to have a mutually rewarding relationship, but you need a termination clause in case things don't work out. If the agent is unwilling to include such a clause, you might want to set up a trial period by limiting the term of the agreement to 30 or 60 days.
You should only fire your agent with good reason: if, for example, she doesn't show you appropriate homes or return your phone calls or emails. Before you fire an agent, sit down and have a talk; you may be able to work things out. If that doesn't happen, you have three choices:
- If your agency agreement has a termination clause, give notice that you're ending the agreement. Don't look at houses with the agent during the notification period. If you end up buying a home that you found while the agreement was still in effect, you may owe the fired agent her commission.
- If your agency agreement doesn't have a termination clause, explain to the agent why you feel the agreement isn't working out and that you want to end it. The agent may or may not agree.
- If the agent doesn't agree to end your relationship, talk to the agent's boss, the broker who manages the agency. If the broker won't end the agreement, you have to wait for it to expire.
Don't fire an agent and then buy a house that the agent already showed you. You could be setting yourself up for a lawsuit.
