Acting as an agent without authority
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Acting as an agent without authority
Posted by boosiebadazz on 3/11 at 12:43 pm
my family has a commercial property. we signed an 18 month agreement with a commericial realtor to get a tenant. we got the tenant and the deal with the realtor expired a long time ago. the lease is coming to an end and we're about to open talks about re-upping when the tenant calls pissed off and says another realtor from the same firm has been in contact with him via email for the past week or so trying to get more money out of the tenant and trying to negotiate a new lease on our behalf. needless to say, my mom and i are pretty pissed. the tenant is forwarding us the emails and i'll have to read them to ascertain, but the tenant said the guy was basically trying to extort more money and just being a dick in general.

what would you guys do in this situation?



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Posted by RedStickBR on 3/11 at 12:49 pm to boosiebadazz
Does the realtor get compensated as a percentage of the total rent?

Call the agent's broker and report the offense.



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Posted by boosiebadazz on 3/11 at 12:51 pm to RedStickBR
the one we contracted with did, yes

im thinking either call his superiors at his office or call the BBB on the firm as a whole



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Posted by RedStickBR on 3/11 at 12:54 pm to boosiebadazz
I'd give the broker the opportunity to correct the situation and if he/she doesn't meet your expected level of professionalism in doing so, then take the next step.

But the fact they're comped on the basis of total rent and went behind your back and did this is pretty questionable. Have you spoken to this agent?



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Posted by boosiebadazz on 3/11 at 12:55 pm to RedStickBR
No. She just called me and explained the situation. The tenant is in a meeting but will be forwarding the emails later today.




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Posted by RedStickBR on 3/11 at 1:00 pm to boosiebadazz
Wow. That's unreal. First off, are agents allowed to swap clients like this? Secondly, if so, is there anything in the agreement that allows her to negotiate on your behalf (and without notice)?


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Posted by boosiebadazz on 3/11 at 1:00 pm to RedStickBR
the broker we contracted with is a family friend and fulfilled his contract. i guess their system tells every broker in their office when a lease is up because this other guy (who has 30+ yrs of experience) then took it upon himself to contact the tenant and apparently be aggressive with them in renewing a contract he had no authority to execute.




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Posted by boosiebadazz on 3/11 at 1:02 pm to RedStickBR
i thought of that. i need to get the original agreement between the broker and my mom before we get too snarky

im also curious as to what he thought his next step was. say he gets the tenant to agree to a higher dollar amount. does he then come to us, unsolicited, and say he has a commitment? does he not think we'll notice and get upset with him then?

maybe he thought my mom was ignorant to how business is done and wouldnt have known the difference


This post was edited on 3/11 at 1:03 pm

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Posted by meldawg399 on 3/11 at 1:31 pm to boosiebadazz
quote:

the deal with the realtor expired a long time ago.


You could have a problem here if the realator continued to act on your behalf even though the contract was expired. With actions, both parties were continuing the contract. That said, I do think the agent was way out of line to try and renegotiate a new lease or lease extension without and agreement from you for them to represent your interests.

I'm not a lawyer, just took REG so that's my two cents. I think you should be in good shape and the agent was out of line.

ETA also note I believe agency agreements can continue on without a written document for only one year, so if the "long ago" is more than one year, that could make you technically right too.


This post was edited on 3/11 at 1:33 pm

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Posted by Eon Blue on 3/12 at 1:20 am to boosiebadazz
Typically he shouldnt be acting with authority if he has none. However you need to read contract. Typically they state that if they find the tenant you owe them their commission until tenant vacates. Otherwise people would try to get agents to find tenants for nominal terms and then cut out the agent on subsequent deals. Precisely what it sounds like you are doing.
And the agreement may be with agents firm not agent specifically.


This post was edited on 3/12 at 1:25 am

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Posted by 19thHole on 3/12 at 3:58 pm to boosiebadazz
There is some good advice in here...but what you should do:

1. Get a copy of original contract and read it over

2. If you feel something is out of line, always call the broker first.

3. If the broker gives you trouble, there are ways to file complaints that you should only investigate after doing 1 and 2



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