How do I fire my RE agent during a short sale

[Arcinio Arauz]

Hello All,

I put in an offer on a short sale back in Feb for a primary residence . It's now October and we are no further along. I fully understand that a short sale can take a good while and in many cases the bank is the cause of slow progression. The SS bank keeps asking the seller  for the same thing and its the same runaround over and over again.  To make matters worse, the agent DOES NOT call or text me anything! She has been so incompetent and lacks follow up skills. Every week I chase her down to ask her where we are at. Again she fails to respond as always. I am feeling that if her level of service to the SS bank is the same at what she delivers to me...I am beginning to believe that the hold up is her lack of following through. Also...she has NEVER spoken to the seller other than the very first time they met, and its been 10 months for him!  So my Questions: How can I fire this RE agent from hell? If I fire her on my end but the seller decides to keep her, how does that affect things being I get a different agent. Last thing...since the seller is so fed up with the whole deal, he allowed me to start moving in and live in the property! So now I'm actually living in it while we wait for the SS! Your thoughts?

[Amy Aziz]

@Arcinio Arauz I am so sorry for your frustrations. If you have a contract signed with this agent then it might be hard to just fire her, but if she's not under contract with you then you don't need to work with her or an agent at all. 

[Bob Reinhard]

The bank will require that the property is listed AND have an agent. You may be stuck with on the seller's end. Why not 1-remove her on your side of the equation and 2- deal directly with the HO to get the docs required by the lender yourself.

Much success.

Bob

[Inessa Stysis]

@Arcinio Arauz you could contact her brokerage and explain your frustration and ask them to remedy it. Even if you’re in a binding contract, a firm shouldn’t let a deal go down like this and risk their name getting ruined.

[Brett Goldsmith]

Surprised the agent allowed you to move in. One of the most common reasons for litigation in real estate is early occupancy. Especially on a short sale as they are speculative and have no guarantee to get approved.. Who is the one facilitating the short sale with the servicer, the listing agent? This transaction the agent is representing both sides? Sounds like the agent may want to hire a professional to help out if they are having issues pushing this through.

[Arcinio Arauz]

@Brett Goldsmith Yes the agent represents both side and she is the facilitator (supposedly) communicating with the bank. I have already recommended to bring in an attorney to assist with the situation and she said that was not needed. Thus, here we are 9 months later and absolutely nothing happening. 

@Inessa Stysis Contacting her broker may be an option however, they may just defend the agent. I would like to know if I can just bring in another agent on my side while still having the property tied up.

Thanks for your input 

[Brett Goldsmith]

Got it. You need to find out more about what's going on. Has the bank done their valuation? Has the valuation returned? Is there a specific reason for the hold up? Some short sales do take 9 months, but typically that means there is some sort of issue popping up.

[Bob Floss II]

@Arcinio Arauz You are under contract with the agent so you cannot cut her out. I would concur with the suggestion above to reach out to the managing broker and explain that you need help.

[Zachary Ray]

Reach out to their broker and see what is going on. I know it sounds bad but it's time to figure out your next steps. Is their an expiration on this contract. I'm sorry to hear your going through this. 

[Steve Morris]

It's a short sale.  You're at the mercy of the bank.  The listing agent probably has no clue either, much less your agent.  If the SS Bank is a large bank, you could be waiting forever.

The SS bank keeps asking the seller for the same thing - What does that mean?