It depends on what you signed - do you still have your copy? If it was part of the offer you signed it could be she was representing you for only that one deal. Or it could have been a form which would have specified a period of time that she is representing you and that would have obligated you to pay her a commission on any house you found/made offer on within that period.

Does she not answer your questions about what it is you signed? She should be the one telling you this, since the legalese in those things can be hard for the average person to understand particularly if you are new to this.

A new agent can be actually a good choice - enthusiastic and willing to go the extra mile. One I worked with was part of a team and would have had the support/back up of experienced agents if I would have made an offer.

But inept is something else!

If she had you sign a buyer's representation agreement, mentioned above by Current Resident, then check that contract to see what your responsibilities are toward this particular agent. These buyer rep contracts have a termination date.

From your description, it doesn't sound like you signed a separate buyer's representation agreement, but check your paperwork to make sure. You don't want a surprise.

Current Resident brings up a good point: if she is a buyer's rep in a team, she has access to the lead agent which can help her with your offers. Even if she isn't in a team per se, she may have access to a mentor or sales manager to walk her through the process. This may be all you need unless you are in a particularly hot market.

Having said the above, it is true that an inexperienced agent won't be able to anticipate issues that an experienced agent can. The issues of running into properties that already have multiple offers happens in hot markets to any agent - but an experienced agent will get you in the door more quickly.

If you don't have a buyer's agency agreement, contact other agents until you find one that has the level of experience you are seeking.

I think you might also want to provide her with some feedback and mention that you feel you aren't getting showings on time and you always end up late with the offers and see if anything changes. If after you provide that feedback and things don't change it might make it easier to get out of the contract if you do end up having one.

I don’t know where you are, but inventory is so low in my area that many of my buyers are losing out on homes just listed, and I’ve been an agent for 10 years. Everyone starts out as new. She will have a managing broker, so there is always support.

Did you sign a Buyer's Representation agreement? Or did she just put in offers for you, signing as your agent? It matters.

If she is your agent for some specified time in a contract you signed (and they like long times), you are stuck with her. You can ask to be released in writing, because it is just not working out.

A very experienced buyer can work with anyone, and I personally like going straight to the listing agent if I buy a listed house, but then I know what I am doing. If you are new, you need someone experienced.

Thank you for all the wonderful comments and great help. I signed that she is our buyer's agent when I made offers. I don't have a hard copy because I only signed it for offers and will have to check my past offers now to see if it is a real contract or not.

Yes, I did notice that we get better offers contacting the listing agent directly, which did happen once before we started seeing houses with her. Would I be able to do that if indeed we do turn out to be under contract with her?

The supply is very low in our area, especially in my budget, which makes her job more challenging and proves that we need someone more experienced to make offers quickly and in a way where we can negotiate.

I also feel bad if I did let her go, seeing all the time and money she wasted showing us homes and making offers, replying to our questions, etc.

But it seems necessary to find someone that can really help us make a realistic offer that can be accepted.

First: You should have a copy of everything you signed. Even with electronic signing it is a matter of just downloading a copy for your records. Never sign without getting a copy even if you are using traditional paper rather than electronic signing.

As to "I only signed it for offers" it is important to retain that paperwork too. An offer is not a contract, but once it is agreed to by the seller (all terms) and signed, then it is a contract. It would be your Purchase and Sale contract, not a buyer's representation agreement. That is a separate agreement that you may or may not have signed early in your relationship with this agent.

You can move onto another agent if you have no P&S Contract in place and don't have a buyer's rep agreement in place.

Ok, I checked the form we signed and it is the disclosure form where it states what the buyer's agent is. It is titled with the "NYS Disclosure form for buyer and seller". It states the obligation of the buyer's agent and her name and broker. I signed that I received a copy of this disclosure form. It does state on the first page that it is not a contract. Does that mean I can change agent and broker? If yes, how do I go about it without hurting her feelings and without being liable to anything? Should we give compensation for her time and efforts? I'm clueless as I'm very new to this.

You can change your agent since you haven't signed a buyers agreement with that agent or agency and you aren't under contract to purchase another home. The professional thing to do is to let her know that you need to find an agent that is able to work with you. You don't owe her any compensation.

Thanks for your help! Would the buyer's agent (or broker) be upset for all their time, gas, and hours spent on writing offers? Can they sue us/try to sue us? Or harm us? Will they be able to know if we bought a house using another agent? We're afraid of her possible reaction since we became almost like friends and see her every few days checking out homes.

It depends upon the actual wording of what you signed, which is a bit ambiguous above.

She will not be happy to be dismissed now. But if it is the right thing, you need to do it. If you are much more proactive and find houses yourself, it might be ok to work with her. But since you aren't experienced, you need an agent who is.

No, it is part of the business. If she does get upset/mad, then she isn't very professional at all.

IMHO, in a business relationship I would feel under no obligation to disclose any more than I was willing to. Its not a buyer's job to critique the agent's work. Just say youve found someone who you clicked with better.... or even more vague, "our plans have changed" or "were taking a break from looking" or "were not sure what we're doing, we keep not getting places so we're going to rethink our strategy."

But if you wanted to offer some constructive criticism, be sure to offer both positive and negative attributes. I had a former boss that was incapable of acknowledging anything positive. Because of this, I couldnt belive that his was an objective appraisal and so discounted it.

That said, have you put the problem on her and asked what she thought and how she would, or could remedy the situation? Out of that conversation could be either her taking a new approach or your ending it right there saying this isnt working for us.

Awesome advice, everyone. Thank you. Can they (buyers agent/broker) find out that we bought a house if we told her we are not looking anymore? Do I need to ask if I am legally bound to her (just in case)? Should I ask her that we can part ways in writing? Should I ask her if we had a contract just in case, (even though I cannot find any proof I signed a contract, nor do I recall signing other than offers on houses and that disclosure form)?

Just curious, another angle on this subject - how would inexperienced buyers know if any advice they received is good, even when it is from an Experienced agent.

This is a question for experienced agents on this forum. As we have heard buyers thought they were being mis-led by experienced agents in transactions.

romanof- you still seem to have have questions as to what you are legally bound to. Rather than sneaking around to buy a property, simply ask her for all the paperwork that you signed, pertaining to the agent relationship.

Then read it. I know it seems tough, but I see no reason for you to explain anything to her, at this point. If you need a "soft touch" simply say that your "files have gone wonky- can you please forward my copies to me, for me records? Thank you"?

If she balks, there may be another conversation. But you are entitled to have the paperwork. Please and thank you work wonders. Even if she asks if anything is wrong, don't- just yet- let her in on it. Stay with your need for paperwork. That's as honest as you need to be, until you read it.

The hell of it is that you have come to a crisis of confidence with your agent. It happens. Doesn't mean the agent is bad, nor you. Probably, this is just a bad "fit".

Just look at what you've signed- all of it- and move on if that's the move.

Thank you, homechef59. Excellent advice and just what I needed to hear!

Thank you, Laurie Schrader. Great advice.

Thank you, current resident, Denita, schnoodlemom, midcenturymodernlove, lyfia, azmom, and anyone who has helped me tremendously in this matter through your helpful comments and by helping me make the right decision.

What you signed is not a contract, but an informational pamphlet required of agents to present and explain the agency relationships that can exist between an agent and a client. You should have only signed it once... not for every transaction / offer.

A Buyers Agency Agreement is a several page form that DOES bind you to her as a client usually for a specific time period, but sometimes only for a specific transaction for a specific property. Non experienced agents sometimes make a mistake by not getting the buyers to sign this form, in fear of asking someone for a commitment. Their loss, as you now have an easy out.

Be careful about hiring an experienced agent, as many of them are very busy, and it seems like your biggest problem with your current agent is that she does not get you to new listings in a timely manner. Hire someone who has been in the business a while but who has time to get you to properties in a timely manner. Be upfront with anyone you talk to about hiring.

RE: inexperienced agents....at a get together I learned from a friend's daughter who is a fairly new agent, that she has had to take on some odd jobs due to financial constraints and feels no obligation to disclose her availability. I understand her dilemma, and realize everyone has to start somewhere, but I'm grateful my realtor was a full time agent. New buyers might not think to discuss this.

Good point Indigo... IMO, a full time go - getting rookie is far better in servicing a client than a part time agent. I get important calls all times of the day and night that are time sensitive, offers and other addenda are time sensitive, etc...

Indigo Rose, I guess it's because in the beginning, they don't get lots of clients and don't make lots of offers, plus the gas spent makes it not a profitable job yet to rely on fully. Thus, the need to have a full time job and be a part time buyers agent. I totally understand that and sympathize with new agents. But for first time buyers, it might be essential to have a full time agent working with them. I learned it the hard way.