Chris,
If they are willing to wait a better response is "thank you you don't need to do that but you should at this point do what you want".
Isn't it possible for the client to fire an agent that they are under agreement with? Forget procuring cause in this scenario and look at the buyer/broker contract. I would think that if the principle signed an agreement inadvertanly they should be able to make a very good case that they don't want that agent or it's firm to represent them.
It's up to you, but it seems that it is also up to the principle to decide who they want to rep them. I know that you can't interfere with the realtionship between them and the other brokerage but somehow they should be made aware that they are in the driver seat and they can chose what to do and with whomever they chose.
In this case it's not so much C'est la vie but Disparaît ainsi la guerre! (So goes the war!)

Chris I had a similar experience to this and no matter what other Realtors say, this is why I always get a signed Buyer Agency agreement.

Sylvia,

I can live with the results. I just wish that I didn't have to. The clients were willing to wait until the end of the agency for me, but I don't ever want to do business like that.

I just told them to proceed without me.

I am sorry about that Chris, especially since the buyers have no desire of working with this agent but rather work with you.

Sometimes I wonder about certain rules that are set, just because..... It's very hard to take, but one thing for me is I learned to take precaution and it's a precious lesson that you will benefit through the rest of your career..

Chin up and the best is yet to come :-)

Sylvia

AND THE ANSWER IS:

Even though the other Realtor did nothing to find them a home, didn't take them out, didn't send them anything, and the clients don't want to work with her, etc. etc.

The other Realtors buyer's agency is the ruling document.

The other Realtor will benefit from my labors!

C'est la vie.

Brian,

Working this out with the other agent would be the best option in my eyes. Unfortunately, and the other local Realtors will stone ME for this one, I have seen MANY situations in my market where the other Realtor is less interested in doing the right thing and holding on to a paycheck..

My Broker will be in the office in about 1/2 an hour....so the moment of truth is near. I am prepared to be on the losing side of this arguement, but am hoping for better results.

Chris, Do you know the other agent? I may get stoned for this one, I would figure out the situation and have an honest talk with the other agent. While I'm not a big fan of the buyer's rep agreement, I'd certain be SO open to talk to any agent about confusion and work it out!

Hi Chris:

Good luck with this. I think it really depends on the type of contract the buyers have with the other agent and your local rules.

We don't usually sign a buyers agent agreement with our buyers and the burden is upon us to make it very clear with our buyers that if they want to work with us, they have to decide that we are their agent and when they walk into another listing, they need to let the other agent know they are working with us. It they can not agree with that upfront, then we will not be representing them (meaning, if they want to just go from open house to open house and listing agent to listing agent, then they can do that but I will not be working with them).

They usually get that and would not be signing anything with the listing agent.

However, the buyers are very picky these days, and to me, they can change their mind anytime, and I don't see how anybody can demand a buyer to work with them (such as the listing agent) if they don't want to work with that agent; especially if he has not shown them any homes other than his own listing.

Let us know how it turns out.

Sylvia

Thank you Ute,

Since I discovered the likely agency, I told them that I would have to consult with my broker before I could talk to them again. I will be doing that in the morning.

Chris. Have you seen the agency agreement that these buyers signed with the other agent? Is it exclusive or was it limited to the property that they made an offer on with this other agent? I would say, without having seen the agreement, it's not possible to say what the buyer's obligations are to the other agent. I would say, the ball is in the buyer's court to get out of the agency agreement. Did the other agent stay in contact and try to show the buyer any other houses? While it probably would not make any difference technically, I would think that the buyer has a better chance at getting out if the other agent dropped the ball after the offer on her listing did not go anywhere. You just have to be careful not to advise the buyer to cancel the agreement as that could be an interference with an existing contractual relationship. Good luck.

Although I appreciate that concept (and I do when possible). It didn't happen this time. I used the honor system with them, and I take responsibility for that.

It sucks for both of us because she doesn't like the other Realtor or lender (which is why she was going to homes with me)

Chris you should make a client sign a Buyer Agency agreement before even entering each property. I do that and then put it in the file of properties I have shown them.