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.