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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8190
Experience:  Since 1983
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I have worked briefly with a realtor who located on MLS a piece

Resolved Question:

I have worked briefly with a realtor who located on MLS a piece of bank-owned property in which I am interested.

In my opinion, the realtor is lazy and incompetent.

I have not signed any agreements with the realtor.

Am I compelled to continue working with him or may I find a realtor who is more diligent and will represent my best interests ?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 12 months ago.
Thank you for your question. As far as I know, every State requires real estate agency agreements to be in writing. Since you have no written agreement, you are free to engage another realtor.

I can double check this answer if you tell me which State this is in.
Customer: replied 12 months ago.

Thank you. I'm in Oregon.

Expert:  N Cal Attorney replied 12 months ago.
Thank you.

ORS 41.580:
§ 41.580
Statute of frauds
(1) In the following cases the agreement is void unless it, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party; evidence, therefore, of the agreement shall not be received other than the writing, or secondary evidence of its contents in the cases prescribed by law:
///
(g) An agreement authorizing or employing an agent or broker to sell or purchase real estate for a compensation or commission; but if the note or memorandum of the agreement is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party, and contains a description of the property sufficient for identification, and authorizes or employs the agent or broker to sell the property, and expresses with reasonable certainty the amount of the commission or compensation to be paid, the agreement shall not be void for failure to state a consideration.

The above statute confirms my answer.

I hope this information is helpful.
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8190
Experience: Since 1983
N Cal Attorney and 8 other Real Estate Law Specialists are ready to help you
Expert:  N Cal Attorney replied 12 months ago.
Thank you for the Excellent rating!
Customer: replied 12 months ago.

Would it be acceptable for me to contact the seller of the property directly (a bank) ?

Expert:  N Cal Attorney replied 12 months ago.
Yes, there is no law against doing that. Many real estate sales are accomplished without an agent or broker.
Customer: replied 12 months ago.

What benefits would I derive from using a RE attorney to draft the offer and represent me in the purchase ? What should it cost ?

Expert:  N Cal Attorney replied 12 months ago.
I do not know what a lawyer in Oregon would charge to prepare an offer to purchase form, but I imagine it should not take much more than an hour.

You can get a free consultation from some of the real estate lawyers listed by location here.

I ave not found a free standard offer form on line for use in Oregon so it may be helpful to consult an attorney who will have a suitable form.

There is a an offer form for sale here.

I hope this information is helpful.
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8190
Experience: Since 1983
N Cal Attorney and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 12 months ago.

OK, thanks for your help !

Expert:  N Cal Attorney replied 12 months ago.
Thank you for the Excellent rating!

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