Dear George: "I signed a written buyers agreement with a broker. She is now my 'current broker.' The agreement terminates in April this year. Upon re-reading the agreement, however, I noticed I am required to stay with her until the 'protection period' expires at the end of July. Can I still use an agent to show (or sell) me a property that my current broker NEVER even considered?" – Concerned

Dear Concerned: Based upon the agreement you signed, you are precluded from using a different broker in the subject market area. That is not to say that other circumstances might not prevail that could make the agreement unenforceable. You need to consult with your own attorney to obtain a legal opinion pertaining to your rights and responsibilities under that agreement. However, as a real estate broker (who is not an attorney), the "protection period" set forth in paragraph 11 C. (1) is only valid given the further conditions expressed in paragraphs 11 C. (2) and 11 C. (3). I suggest you read them again.

Dear George: "My wife looked at a home with the listing agent. Later, I looked at the same home with an agent from another firm. Neither my wife nor I liked the listing agent's attitude. We did not make an offer on that home. Later on, the listing expired. At that time, the sale of the home was turned over to the owner's employer. The employer is transferring the owner. Provided the employer has not listed with another firm, would we owe any commission to either of the two agents who originally showed us the home?" – Conservative

Dear Conservative: Normally, the buyer only owes a commission to a real estate firm when the buyer has signed an agreement containing such terms and conditions. However, consider this: Even if you don't owe a commission to a real estate firm, do you really want to represent yourself in this transaction? I would not be too quick to judge the Listing Agent with whom the home was previously listed. After all, it was her job to represent the best interests of the seller, not you. If you are seeking good advice, hire a Realtor® to represent your interests as a buyer.

Dear George: "I have been shopping for a new home. I am working with an agent but I don't feel the agent is really doing anything. All I get are listings that match the criteria I gave to my agent at the start of the process. I spend my weekends going to open houses, generally without my agent. My agent rarely contacts me regarding homes in which I may be interested. I don't feel like my agent deserves his cut if I happen to find something during one of my solo open house excursions. Do you think my agent should be doing more? What should I expect of my agent?" – Confused

Dear Confused: Did you sign a written agreement with your agent's firm to represent you? If you did, the agreement should contain the rights and responsibilities that apply to you and to the agent. Whether you signed such an agreement or not, I suggest you communicate with your agent. Is it possible your agent thinks you wish to look on your own? Let the agent know how you feel. A little communication will go a long way. Most buyers place too much importance on the function of finding the perfect property given their criteria. While it is certainly important, the real work for an agent begins after you decide you wish to make an offer on a property. However, I'm not letting your agent completely off the hook. It is possible your agent has been diligently but unsuccessfully, looking for homes that fit your criteria. The mistake here is that your agent hasn't communicated to you his failure to find what he "thinks" you want.

Dear George: "You stress the importance of communication when faced with a controversy. Well, I have written you twice. I've asked the same question. I have received no response from you. I'm communicating." – Disappointed

Dear Disappointed:x You are correct. I've become overwhelmed by the number of questions received on a daily basis. I'm still researching your specific question. However, I'm also reinstalling some software that will enable me to respond to each email so the sender at least knows I received it. That process should be in place during the first week of February. In the meantime, please accept my apology.

Published: February 22, 2002

Use of this article without permission is a violation of federal copyright laws.

George C. Stephens, CRB is the Broker of deRaat Stephens, Inc. dba ERA Stephens Properties and the Director of Compliance for eRealty, Inc. Stephens served as 1998 Chairman of the 13,000+ member Houston Association of REALTORS® and is the Vice Chairman of HAR’s wholly owned subsidiary, e-Har, Inc. He is the 2001 Secretary/Treasurer of the 50,000+ member Texas Association of REALTORS® and TAR’s 2002 Chairman-Elect. Stephens holds a Texas Real Estate Broker license as well as a Texas Mortgage Broker License.