Approximately two years ago, I signed a buyer’s agency agreement with a realtor and over the subsequent few weeks, I discovered that I was not satisfied with the service I was being provided. I expressed my dissatisfaction and decided to change my agent. I subsequently engaged another agent and bought a property. After this occurred, I received a letter requesting the former buyer’s agent commission because I was still under contract. What should I do?
Technically, in order to terminate an agency agreement, both parties have to be in agreement and some form of mutual release should be signed by all parties discharging everyone from their rights and obligations under the contract.
However, all is not lost in your case. If you kept the emails to your agent, and can substantially prove that they were not providing adequate service, you have a chance at convincing a judge that the agreement was null and void due to non-performance. In that case, you might even be able to claim damages. I suggest retaining counsel. Good luck.
