Procuring Cause in new construction purchase

[ynot14]

Facts:
My wife and I decided to purchase a new construction home. After finding a builder, selecting a model and lot, selecting options, and signing a contract with the builder, we decided to hire a buyer's agent to help us through the remainder of the process (e.g., construction, inspections, etc). The agent signed an Agent Declaration Form one week after we signed to contract to purchase the home.

Issue:
Our agent was not conducting period visits to the home site or maintaining consistent communication with us. We decided to dissolve our relationship and have since chosen a new agent. In order for our new agent to receive commission for the purchase of our home, we need to have the original agent acknowledge, in writing, to the builder that he is no longer acting as our agent. We have made numerous attempts to obtain this written confirmation, but have been unsuccessful. The agent and his broker will not even return our phone calls.

Question:
What suggestions do you have to remedy this situation? Can our first agent claim to be the procuring cause for the purchase of our home?

Thank you for your feedback.

Tony

[aaron]

Unfortunately, absent a release, you may be forced to litigate - whether now, to resolve your rights, or after building, to avoid paying a second commission. I suggest you involve a lawyer now, get advised of your rights under state law, and (if appropriate) have the lawyer write a letter to the original agent outlining your position and demanding specific action.