It really depends of what type of Buyer Agent Agreement you signed. Usually you have an Exclusive and a General. If you signed an Exclusive, then you have to prove your agent violated one of the provisions in the agreement or did not act in full as outlined in the agreement. If you cannot prove those facts, then you will have to pay him/her a commission regardless of whether you used them in the transaction. In this case, aside from not likeing the person, you're better off using him/her. If you signed a General Agreement, then you are responsible to the agent for only the properties they showed you. So if this is a new showing, then it doesn't matter. As always, consult with your Realtor's Broker (their boss) and/or an attorney in your state to do the actual review of your agreement and provide local guidance. www.fredtomaro.com
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