Home Buying in Wilmington>Question Details

J, Home Buyer in Wilmington, NC

Agent showed me a house am I obligated to use them?

Asked by J, Wilmington, NC Fri Dec 27, 2013

A North Carolina agent showed me a house after I asked him to. I decided to put in an offer. The experience was dreadful by the agent I used. The deal fell through. I am confident in saying it was because of the agent (he asked if he could speak to the sellers agent before writing up an offer because it would be easier, of course I said no but to many things point to him have done just that. (to many other details to list) I have no contract with this agent; am I obligated to pay him a commission if I decided to put in another offer on this home without him just because he unlocked the door? Let me also say that this agent did everything they could to try to get me to allow him to help me buy a house and when I said I would consider it all he ever said was if you find a house let me know and I will show it to you. He has done nothing else for me. Does not send me listing, hasn't shown me around, literally nothing. I'm exhausted and have had nothing but bad experiences.

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If you have no contract with the agent as you stated, you are under no obligation. I don't really understand why it would have been a disadvantage for the agents to speak to one another though. Having a good working relationship with the other agent makes the transaction much easier for both sides. As long as they aren't discussing how much you are willing to pay or how much the seller is willing to take, or disclosing other material facts about their respective clients, good communication between agents is always preferable. Good agents have no problem communicating with one another and still maintaining confidences.
That being said, I think an honest conversation with the agent would be a helpful.
1 vote Thank Flag Link Sat Dec 28, 2013
Sometimes real estate companies give discretion to their agents as to whether or not the individual agent can let a client out of the buyer's agreement. Honestly, as an agent, if someone was this unhappy with my service, I would let them out of the agreement but I work for a company that allows me to make this decision. There are so many really good agents out there! Don't give up! :)
0 votes Thank Flag Link Sun Dec 29, 2013
You are in a bit of a sticky situation but hopefully you can find a reasonable way out. You would have been required to sign a buyer's agency agreement when you submitted the offer, assuming that he did everything correctly on the offer. It may have been specific to that house or a wider area.

I would recommend that you reach out to that agent and/or their broker in charge and let them know that you are not happy. You can ask to be assigned to another agent in their company and/or released from the agency agreement. Keep in mind that the agency agreement is linked to the company not the agent. As others have mentioned you may run into a procuring cause scenario and more but they are also contractually obligated to be working for you which it sounds like may or may not be happening.

Best of luck and I hope you get the house you want and hopefully can get your agent to cooperate or find a way out.


0 votes Thank Flag Link Sat Dec 28, 2013
Exclusive Buyer Agency Agreement - Look up paragraph 3 DURATION OF AGENCY and finally paragraph 4c(ii) COMPENSATION OF FIRM.
Flag Mon Dec 30, 2013
On your buyer's agency agreement look at page 1. Section 1 type of property will either list the property address or a larger realm, Section 3 will note the duration. Minimally those are probably linked to that home but review the specifics and see what you find. Your best bet is to talk to the agent and/or broker and see what you can work out.
Flag Sat Dec 28, 2013
Also, I found the home he did not and in fact he has not found me any homes.
Flag Sat Dec 28, 2013
where would it be in the contract?
Flag Sat Dec 28, 2013
Hi J,

Check your paperwork to see if you signed an EXCLUSIVE Buyer Agency Agreement. Exclusive is the key word here, as we have two types of Buyer Agency Agreements in NC, exclusive and non-exclusive.
If you signed an exclusive agreement, the next step is to check the expiration date. Look up paragraph 3 DURATION OF AGENCY and finally paragraph 4c(ii) COMPENSATION OF FIRM.

Speaking as an agent, I believe honesty is the best policy. I believe you should let the agent know that you were not happy with his/her service. After all, we are all human and we learn from our mistakes.

Feel free to call me if you have any questions.
Bea Desmond
0 votes Thank Flag Link Sat Dec 28, 2013
Why did the deal fall through?
Wouldn't it be easier to resurrect the offer and come to terms that were agreeable to both sides?
You're almost there....why start from scratch and risk a procuring cause issue?
0 votes Thank Flag Link Sat Dec 28, 2013
If you did not sign a buyer broker agreement with the agent you anre under no obligation to them whatsoever and you owe no commission.
0 votes Thank Flag Link Sat Dec 28, 2013
Did you sign a buyer agency agreement with this agent? If not, I would move forward with another agent that you feel comfortable with.

Please let me know if I can answer any additional questions directly.

Aimee Freeman
Keller Williams Realty
0 votes Thank Flag Link Fri Dec 27, 2013
The truth in the matter is this: if the agent was the procuring cause to you purchasing this house then they would be entitled to a portion of the commission. Here's why....you decided to proceed forward with them in the process of writing an offer on the property. If it were me then I would approach the agent and let them know your issues and try to work it out. If that doesn't work, then tell them you want to sever ties and move forward with an agent you feel will better represent you.
I hope everything works out for you and that everything moves forWard according to your plan....

0 votes Thank Flag Link Fri Dec 27, 2013
Unless you sign an exclusive agreement that he is your agent, you are free to use any agent. If you signed an agreement and he wrote an offer, he would be entitled to the commission. If you tell him in writing that he is not your agent and you do not think he did anything for procuring you a home and you sign and exclusive agreement with another agent, then he has no claim to the commission. The best thing to do is to find a buyers agent first to represent you. Interview a few qualified agents and pick the one you are most confident with.
0 votes Thank Flag Link Fri Dec 27, 2013
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