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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38856
Experience:  Texas Attorney for 30 years dealing in real estate
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I have a list of questions I'd like answered about a current

Customer Question

I have a list of questions I'd like answered about a current situation I am dealing with.
JA: Where is the property located?
Customer: Lilburn, GA
JA: Has any paperwork been filed?
Customer: A Purchase and Sales agreement has been signed as well as an Exclusive buyers brokerage agreement
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I provide you with my list of questions now?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 5 months ago.

Ask away here, be happy to help you today.

Customer: replied 5 months ago.
We signed an Exclusive Buyers Brokerage Agreement on Aug 31, 2016; however, we realized that the term dates are invalid. The start date is Aug 31, 2016 and the end date is April 30, 2016 (end date occurs before start date). We entered into a contract with a builder on August 31, 2016, which indicates the broker agent’s information.We’ve had some issues come up prior to and since signing the contract, that has created a disdain for this agent. She’s been very lousy, to say the least with details throughout the process. And now, her office has alerted her to the date error on the agreement. She wants us to sign an amendment to correct the dates.
As much as we do not want this person representing us, we feel that we may be legally obligated to continue on with her since her information appears on our Purchase and Sale agreement with the builder. The house that we signed a contract for, we actually found the house prior to knowing this agent. She has done very little to assist us up to this point.Because the dates on the Brokerage agreement are invalid, are we required to stick with this agent? We do not want to be held responsible for paying additional commissions.
If we do sign the amendment, can we also include additional items in the amended contract? We would like the amended dates to be much shorter than the April 2017 date I’m sure will be used.
We would like an explicit statement added to indicate that this agreement is concluded immediately after the closing for the property is conducted.
We would like the 90 days for the “Protected Period” to be adjusted to 0 days.
And what are our rights if the agent decides she doesn’t want to make the amended changes that we request? Can we walk away without being liable to pay her commission fees?Also, we want to ensure that this agreement in no way holds us obligated to use this agent to list our current home. We have not signed a Listing Agreement document. It was briefly discussed during the meeting of the broker as to what we’d like to do with our current home, but nothing signed or put in writing.Also, we’d like to report the issues we’ve experienced, but am unsure how to go about doing so.
Expert:  Ray replied 5 months ago.

Because the dates on the Brokerage agreement are invalid, are we required to stick with this agent? We do not want to be held responsible for paying additional commissions.

Agree with you that current agreement is void by the invalid dates.You don't have to sign amendment.

If we do sign the amendment, can we also include additional items in the amended contract? We would like the amended dates to be much shorter than the April 2017 date I’m sure will be used.

Absolutely renegotiate here if you want.

We would like an explicit statement added to indicate that this agreement is concluded immediately after the closing for the property is conducted.
We would like the 90 days for the “Protected Period” to be adjusted to 0 days.
And what are our rights if the agent decides she doesn’t want to make the amended changes that we request? Can we walk away without being liable to pay her commission fees?

Expert:  Ray replied 5 months ago.

And yes you could walk away this is not valid or enforceable as it is written thats whys he wants an amendment.You control here whether to walk or seek other changes.This document with wrong dates is just not a valid contract or enforceable by the realtor for commissions--it is called professional negligence/malpractice by the realtor here.

Expert:  Ray replied 5 months ago.

Thanks let me know if you have more follow up.

Customer: replied 5 months ago.
you could walk away this is not valid or enforceable as it is written thats whys he wants an amendment.You control here whether to walk or seek other changes.This document with wrong dates is just not a valid contract or enforceable by the realtor for commissions--it is called professional negligence/malpractice by the realtor here.And this is correct even though the agent's license number, the broker's license number, and broker's MLS code are noted on the purchase and sale agreement?And I didn't see a response for this question.
Also, we’d like to report the issues we’ve experienced, but am unsure how to go about doing so. How can this be done?
Expert:  Ray replied 5 months ago.

Yes because there is no valid dates for the contract to be effective, no reflection under the statute of frauds that there was a valid agreement about the time period.You certainly can file a realtor complaint too.

Expert:  Ray replied 5 months ago.

http://www.grec.state.ga.us/PDFS/RealEstate/GRECRequestForInvestigation.pdf

The broker violated like real estate 101 by not having valid time period in the contract.You are not obligated because it is not clear you intended to contract and for what period.

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