Misrepresentation BY Exclusive Buyer Agent..?? Need advice......

[confused_me]

Ok to continue this thraed.

I inadvertely was duped in sigining an EBA agreement. The broke we met..spend 4 mins with us in her offfice. She told us to signed this paper to get access to their web site. We signed the paper and after we inform her that we found a home she want the entire commision from us. We got the home from a broker who took us out for a year. Tell me if she misrepresent the EBA..

- We inform her that we had a broker in another county and we just need her to look for house where her office was. She still inserted the other county in the eba

- She never told us about compensation..

- She lied that the doucment was to gain access to the web site. She did send an email to get access. We never signed up..so i thought the document was void.
- We told her of the other broker and she said that's ok..
-She never mentioned that she was our exclusive broker
-Afrer meeting her, she never contacted us. She just called us after three weeks to find out if we are still looking..
-She never coomunicated to us of home in the the other county. If she was our EBA, her office listed tons of homes in that county we bough the everntually from. Why she never send us those listings..
- She spend just 1 1/2 hr with us, not even showing us home in the other county.
- We were kind enough to tell her we found a home and which point she said she will sue us. This is close to fraud..If we know we signed an agreeement to pay her, why will we volunteer to inform us of our new home. This is clear evidence that she never explain the document to us...

I was advised by another RE broker to counter sue her office for misrepresentation.

Advice plaease.....

Thanks

[benkjls]

Though we only have one side of the story, if true, then I think you need to discuss it with her broker, consult a real estate attorney and report her to the local Realtor board.

[confused_me]

can they suspend her license...?

[kensmith]

The biggest problem you have is she is holding a legal document that says you owe her money. It is nobodys fault but your own for signing a contract without signing it.

Ok to continue this thraed.

I inadvertely was duped in sigining an EBA agreement. The broke we met..spend 4 mins with us in her offfice. She told us to signed this paper to get access to their web site. We signed the paper and after we inform her that we found a home she want the entire commision from us. We got the home from a broker who took us out for a year. Tell me if she misrepresent the EBA..

It only takes a few minutes to get the form signed so there is nothing here that proves wrong doing, just the fact that you signed the contract.

- We inform her that we had a broker in another county and we just need her to look for house where her office was. She still inserted the other county in the eba

Sure sounds like you know more about this eba than you want to admitt. If the agent can sell in both counties I would say that there is no issue with this and again you should have read the contract before signing.

- She never told us about compensation..

Many agents skip over compensation as it's a very hard topic to talk about for most. It was spelled out in black and white on the contract you signed correct?

- She lied that the doucment was to gain access to the web site. She did send an email to get access. We never signed up..so i thought the document was void.

Sounds like a great case of he said she said, problem is in court the only thing that will matter is what you can prove.

- We told her of the other broker and she said that's ok..

Sure sounds like more than a "4 minute" conversation...seems like you are giving a very one sided account of the "facts".

-She never mentioned that she was our exclusive broker

What does this matter, you should have read the contract.

-Afrer meeting her, she never contacted us. She just called us after three weeks to find out if we are still looking..

It isn't an agent job to call you every day, at that if they do many people find the agent to be a "pushy salesperson". There isn't a set timeframe that she should have called you in so this really means nothing IMO.

-She never coomunicated to us of home in the the other county. If she was our EBA, her office listed tons of homes in that county we bough the everntually from. Why she never send us those listings..

You had access to all of the listings on the MLS from the access code you where sent, so in a way yes she did send you all of these listings. Is it her fault that you didn't take the next step and access the information?

- She spend just 1 1/2 hr with us, not even showing us home in the other county.

Was it "4 minutes" or and hour and a half? You really don't have your facts straight. Either way it has no effect on the validity of the contract.

- We were kind enough to tell her we found a home and which point she said she will sue us. This is close to fraud..If we know we signed an agreeement to pay her, why will we volunteer to inform us of our new home. This is clear evidence that she never explain the document to us...

Why would this be fraud??? Signing a contract and then buying a home from another agent then attempting to hide the fact would be closer to fraud than anything you have discribed about this transaction.

I was advised by another RE broker to counter sue her office for misrepresentation.

Is this other broker willing to pay for your legal fees if/when you loose? Doubt it.

The most important part, which you admitt, is that you signed the contract. Sorry to say but the agent will most likely win in thise case as they have all the proof they need.

The second you admitt to not reading the contract first and say but "she never explained it". You have lost, it is your job to make sure you know what you are signing. You are of legal age, yet act like a two year old that didn't get their way. Crying about it here will not change anything, TALK to an attorney.

I in no way think that agent was doing a very good job with any of this, but the fact remains that a contract was signed. This would be like a listing client saying um well I found my own buyer and I don't think that you should get paid. As many agents don't understand the need or value of a buyers contract, try looking at this that way.

[confused_me]

Guess what..

I was advices by legal counsel to counter sue them for misrepresent...you are not an attorney..so what you say mean squat..

YOU SEEMEED TO BE A BROKER JUST LIKE HER..DUPED HONEST HARD WORKING AMERICAN TO SIGN A DOCUMENT..WAIT TILL YOU BUY A HOUS AND THEN GET MONEY. WHAT A BAD NAME FOR REAL HARD WORKING BROKER. MOST BROKER ARE HONEST. SHE WAS JUST SO DISHONEST....

HEY, I THINK YOU FORGER "OUR AMERICAN JUROR SYSTEM" BEYONED A RESAONABLE DOUBT.....

I SEE TONS OF CONTRACT THAT WAS SIGNED THAT WAS THROWN OUT BY COURT..AND THE ONES ISSUING THEN BEING FOUND GIULTY...

FOLLOW THE COURT SYSTME MY FRIEND...IT WILL DO YOU GOOD...THIS IS AMERICA..WE CALL IT EQUAL JUSTICE...

[webmaster]

ok, first of all - confused me I take it from your messages that you are ESL, is this correct? Perhaps if so, I might be a little more suaded however you are the one who came here and asked for advice from other realtors - noone ever claimed to be a lawyer here and each person told you to talk to one - so if what is said here doesnt mean squat, then why ask in the first place?

You should also be a lot more appreciative that people have taken the time to advise you (Even if you dont like what they have to say) every person on this board is a consumate professional from what I have seen and have likely dealt with or heard of similar situations.

I will thank you to not lash out at our members for answering questions you have asked. That is just silly.

[HMiller]

Guess what..

I was advices by legal counsel to counter sue them for misrepresent...you are not an attorney..so what you say mean squat..

YOU SEEMEED TO BE A BROKER JUST LIKE HER..DUPED HONEST HARD WORKING AMERICAN TO SIGN A DOCUMENT..WAIT TILL YOU BUY A HOUS AND THEN GET MONEY. WHAT A BAD NAME FOR REAL HARD WORKING BROKER. MOST BROKER ARE HONEST. SHE WAS JUST SO DISHONEST....

HEY, I THINK YOU FORGER "OUR AMERICAN JUROR SYSTEM" BEYONED A RESAONABLE DOUBT.....

I SEE TONS OF CONTRACT THAT WAS SIGNED THAT WAS THROWN OUT BY COURT..AND THE ONES ISSUING THEN BEING FOUND GIULTY...

FOLLOW THE COURT SYSTME MY FRIEND...IT WILL DO YOU GOOD...THIS IS AMERICA..WE CALL IT EQUAL JUSTICE...

Good luck in court. If what you say is true, the other agent was deceitful, however, when are you as an adult going to accept responsibility for signing a something without reading it? Unless you're incompetent, I doubt the judge/jury will allow for your ignorance as an excuse. You come here looking for advice, yet when someone gives you an answer you don't like, you lash out and libel him. You ought to be ashamed of yourself.

BTW, ask your legal counsel to explain our judicial system to you, particularly the applications of "beyond a reasonable doubt" and a "preponderance of the evidence". Your grasp of the court system and the difference between criminal and civil cases is non-existent.

[confused_me]

I thank you for your reply..I am not esl...full blowm american here.

I understand the court system..I just looked up our state Realtor website and brokers were chided not to misrepresnt documents.....so i guess i will prevail in court...

I agree I was wrong to mislabel you guys...MY apologies...i am man enough to do that....

People sign document everyday when they are being rushed..Right...?

It's unfortunate..If for my stupidiity, i have to pay the commsion, so be it....

But buyers should be warned.....EBA is a fraud to me...

It should be outlawed...

Agree..?

[ResaleBroker]

EBA is a fraud to me...

Can you elaborate?

[kensmith]

There is nothing wrong with buyer agreements, at that they are needed due to the fact that buyers have no loyalty. An agent spends a lot of time and money to make your homebuying process a smooth and enjoyable one. Yet without thinking twice many buyers will turn around and start talking to a second or third agent. Now one or more agents that invested time are going to not get paid (we get nothing unless we close deals) yet they have wasted time with a buyer that could care less about the wellbeing of the agent.

If people had a little more respect for other peoples time and had just a little integraty this wouldn't be an issue. As it stands an EBA is needed before I will walk out the door and show you any homes.

On the flip side the EBA protects the customer. It asures that the agent is working for the buyer 100% and doesn't have any loyalties to the seller. In many states without the EBA an agent that is working with a buyer still owes loyalty to the seller as a sub-agent.

The attorney that you hired will always say to file suite as this is how they make their money. Are you going to have to pay a retainer and hourly fees? If so ask yourself why the attorney gave you the advice they did.

"If for my stupidiity, i have to pay the commsion, so be it...."

I think that you said it the best, you made the stupid mistake. So stop blamming others and take some responsability for your actions.