There’s always something to howl about.

Ask the Broker: Is a Buyer’s Agent like a bad penny . . . ?

When is a Buyer Broker Agreement abrogated, anyway?

Is there a law stating that once your contract with your realtor is up that you must include them on the deal of the purchase of a home that they showed you?

No such law.

Feeling relieved? You can stop that right now.

For, while there is no law binding you to your someday-to-be-former Buyer’s Agent, you may well have signed a contract that says that someday never comes. Or at least not soon.

Consider this, from the Arizona Association of Realtors Buyer Broker Agreement:

e. Buyer agrees to pay such compensation if Buyer, within ____ calendar days after the termination of this Agreement, enters into an agreement to purchase, exchange, option or lease any Property shown to or negotiated on behalf of the Buyer by Broker during the term of this Agreement, unless Buyer enters into a subsequent buyer-broker exclusive employment agreement with another broker.

The blank is filled in with a number, often 30, sometimes 90 — although it could be anything, so long as it is something. If the you and your agent mutually agreed to 1,001 days, it will be two-and-three-quarters years before you are divorced.

Unless… You sign another Buyer Broker Agreement.

This kind of hold-over language is common in real estate employment agreements. On the one hand, you can say, “Well, jeepers, why shouldn’t the poor goofball get paid, even if he didn’t get the job done by the deadline?” But on the other hand: “Exactly how much time do you need, you poor goofball?”

The real reason for that kind of language is to frustrate betrayal. If you make a whispering deal with the Listing Agent to cut your Buyer’s Agent out of the deal, that language cuts him right back in.

So how long is long enough to protect the Buyer’s Agent without unduly ham-stringing the Buyer? How about 15 days?

Or how about zero? My attitude is, if you’re done with me, I’m done with you. Whatever you do after we’ve divorced each other is your business.

But different agents will see this issue differently, and this is why buyers and sellers need to read, mark, learn and inwardly digest the contracts they are asked to sign. Very probably, the form you are looking at is not filled out to your advantage…

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