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Updated over 11 years ago,
Avery long story about a nasty agent. Please give advice.
This is a long story that just happened yesterday. And I really hope somebody can advise me what to do here.
Yesterday, I was interested with a 2-bed room condo, and I called the listing agent to see if I can take a look at the property. During the house showing, he said I don't need to use him as my agent, at least twice. After I went home, I made an offer to him by email, stating that "It is up to you and the seller to share the commission fee that would be paid to buyer's agent if we use a third agent. Let me know if you want to go ahead to prepare a PA for us. The offer will stay valid for today.".
At night, the agent called back and said the seller accepted the offer. Here is frome the seller to the agent""Can you please secure a "verbal/electronic" agreement with Wendy today as follows: We (Seller) accept her offer at $78,500 with Seller contributing 2% to her Closing Costs, with $2,500 deposit and closing within 45 Days. If she accepts either verbally or electronically, please send her a PA to sign immediately."
The next day, he emailed me a few documents to sign in order for him to get the PA ready. I looked at those document and feel uncomfortable about some items. One item is administrator fee he wants me to pay to him. I called to ask him if this can be waived. He got emotional and the conversation ended like " ok, I will give you 5 minutes. Yes or no. If no, the deal is off. ". I said I need time to think about it. And he realized I won't make a commitment over the phone, and said "ok, before 12pm then".
After the phone, I sent him an email, said "Did you forward my original email offer to the seller(s)? In which, it mentioned the commission that's supposed to pay to buyer's agent (since there is no buyer's agent here) will be shared between the seller's agent and the sellers? All I am asking is to waive the administrator fee. If not, I am going to go ahead and submit an offer myself."
And then he called back and said the seller agree to pay for the administrator fee. And then I asked if I have to sign an exclusive contract with him ( it is one of his documents that needs me to sign). He tried to talk me into sign the document. So after the phone, I emailed to him " As we talked over the phone, I am willing to sign a broker's contract with you, just not exclusive one. If this is required by law as duel agent, I would understand and sign it, otherwise I think I have the right to opt out the exclusive contract. Anyway,I don't see how this affects the PA. And if you do decide not to represent me, please still present my offer to the buyers."
And then he called back again, and said he would make the exclusive contract limited to the specific property only. And he even said that it would be easier for me to get another agent to represent me. But after I got the udpated documents by email, I just don't feel right to have him represent me, then, I sent him an email " After thinking about this dual agency issue for a while, I think it is not a good idea to have you represent both me and the sellers. It could be a big hassle for you, if any argument happens in between. So, I will find a agent and draft a PA. I hope that's fine with you.".
And he called me back, and got very emotional again. And he claimed that he is going to kill the deal if I use any other agent. The only way it is going to work is either to use him, or I represent myself. ( I should have recorded the whole phone conversation ). He said he is going to tell everything to whatever agent I choose to use to represent me, "really fight for it" ( I don't know what he wants to fight here) and said he documented everything that he showed me about the house. ..... And in the end I said it would be fine with me if I lose the deal, but I cannot use him to represent me., and hung up.
So, anyway, the end of story is that I think he is totally unprofessional, and based on his attitude to me, I don't think he represented the seller's best interest at all. I decide to walk away from the property, but I feel his behavior should get disposed, at least to the seller and his broker. Should I let the sellers all about this, just so that they know what kind of agent they got. I think bad agent like this should get punished. Where is consumer's right here? Or, is there something I did wrong here?