State of Utah, Utah County.
To the point. Have a friend who is an realty agent. Stated to agent I was going to sell my own home and had myself set up with escrow company earlier this year because I could not afford a double hit on commission from sale of house meaning from seller agent and buying agent.
My agent friend said let me sell your house for you and then I will just get you into another one. I simply wanted to pay her or some one to just do the paperwork, however I could have done that also easily.
I sent her an email back in April/May basically saying...so your saying you will sell my house without a commission then you will just make your money getting me into another one. She sent an email back stating yes. There were no other specifics stated.
Some History of my agent friend so you will understand that I am not a slime ball trying to unjustly enrich my self. After selling our house in which I saved the deal with the buyers because my agent friend botched it up good, she has been a disaster as an agent (Our house sold in the $160,000's range for home sale price). The first time infact that our home was under contract the sales of our home fell through while we had earnest money on another home with the agent, deal fell apart, thus are financing fell apart because financing was based on sale of our existing home. She lost our earnest money however because she was one day to late in getting it back plus she called the"Getting our earnest money back under Financing falling through a "clause" when its A standard realty practice to get earnest money back when financing falls through. Agent friend really just knows enough to get agents self into trouble.
PROBLEM: To conclude and shorten this up, we have been looking with agent friend for three months now and have not gotten into another home and the written buyer broker agreement ends this month. I cannot keep a verbal agreement if I cannot sign another buyers/broker agreement (Its the law to have buyers/brokers agreement in place) with her based on her miserable track record and the financial loss she has caused us. It has been our goal the whole time for her to get the commission, but she lost our earnest money early on when we only had a seller's agreement only with her and so much more! Stayed with AGENT stupidly because agents a friend.
Question 1. Can agent bind us or hold us liable for not receiving commission on past sales of our home? Note in seller contract it does not state anywhere that she would receive a commission on getting us into our next house etc. Remember, not trying to get out of letting agent earn agent friend money or to take advantage of agent, never the intent but deal can not be open ended and buyer/broker agreement ends in Dec.
Question 2. Would our email constitute a binding agreement that would hold up in court stating if we don't allow her to get us into another home that we would be liable for any money or any money period? We stuck it out three months with her, I feel we tried in good faith. It's really a catch 22.
P.S I have planned on paying agent friend $500.00 if I get into a house on my own at this point for at least having done paperwork on sale of home. Agent has not stated they will take to small claims court but not sure what agent will possibly do even though a friend.
To the point. Have a friend who is an realty agent. Stated to agent I was going to sell my own home and had myself set up with escrow company earlier this year because I could not afford a double hit on commission from sale of house meaning from seller agent and buying agent.
My agent friend said let me sell your house for you and then I will just get you into another one. I simply wanted to pay her or some one to just do the paperwork, however I could have done that also easily.
I sent her an email back in April/May basically saying...so your saying you will sell my house without a commission then you will just make your money getting me into another one. She sent an email back stating yes. There were no other specifics stated.
Some History of my agent friend so you will understand that I am not a slime ball trying to unjustly enrich my self. After selling our house in which I saved the deal with the buyers because my agent friend botched it up good, she has been a disaster as an agent (Our house sold in the $160,000's range for home sale price). The first time infact that our home was under contract the sales of our home fell through while we had earnest money on another home with the agent, deal fell apart, thus are financing fell apart because financing was based on sale of our existing home. She lost our earnest money however because she was one day to late in getting it back plus she called the"Getting our earnest money back under Financing falling through a "clause" when its A standard realty practice to get earnest money back when financing falls through. Agent friend really just knows enough to get agents self into trouble.
PROBLEM: To conclude and shorten this up, we have been looking with agent friend for three months now and have not gotten into another home and the written buyer broker agreement ends this month. I cannot keep a verbal agreement if I cannot sign another buyers/broker agreement (Its the law to have buyers/brokers agreement in place) with her based on her miserable track record and the financial loss she has caused us. It has been our goal the whole time for her to get the commission, but she lost our earnest money early on when we only had a seller's agreement only with her and so much more! Stayed with AGENT stupidly because agents a friend.
Question 1. Can agent bind us or hold us liable for not receiving commission on past sales of our home? Note in seller contract it does not state anywhere that she would receive a commission on getting us into our next house etc. Remember, not trying to get out of letting agent earn agent friend money or to take advantage of agent, never the intent but deal can not be open ended and buyer/broker agreement ends in Dec.
Question 2. Would our email constitute a binding agreement that would hold up in court stating if we don't allow her to get us into another home that we would be liable for any money or any money period? We stuck it out three months with her, I feel we tried in good faith. It's really a catch 22.
P.S I have planned on paying agent friend $500.00 if I get into a house on my own at this point for at least having done paperwork on sale of home. Agent has not stated they will take to small claims court but not sure what agent will possibly do even though a friend.
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