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Jennifer, Home Buyer in

Am I obligated in any way to let the Real Estate Agent that showed me the property write an offer for me when?

Asked by Jennifer, Fri Jan 25, 2008

the time comes?

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Jennifer -

There are 25 factors that go into deciding whether or not which broker is the procurer of the sale. These are broken down based on the facts regarding the actions of the introducing broker and the closing broker. The burden would be most likely placed on the introducing broker to prove that their actions were the "procuring cause" of you writing an offer and buying the home.

Without an agreement and as a buyer, you can decide to use anyone you want. That is why so many Realtors end up demanding buyer-broker agreements because it only takes getting burnt once or twice on this issue to make the decision of not working for free. However, it is not clear to me from your post how much this other agent "worked". Did they only show that home, a couple of homes, 20 homes,... it gets down to the moral issue of how you deal with commissioned professionals and the specifics to your relationship with the 'introducing broker".

Honesty is the best policy for all. I would be up front with all the agents involved and hope that the transaction goes smoothly.

Good luck
CJ
2 votes Thank Flag Link Fri Jan 25, 2008
Sorry..in California, if an agent was the one to show the property, he/she would be due a commission. If you signed a Buyer/Broker agreement...definitely..if you did not..they can still go after you in court for a comission. It's a slippery slope. You are best to be upfront with that agent and let them know you'll be using someone else and the reason to try to avoid problems.
1 vote Thank Flag Link Fri Jan 25, 2008
Is there a reason why you would not use them?

If you signed an exclusive buyer agency agreement you would be obligated, otherwise no. We don't get paid hourly, if I showed a property and someone else wrote the offer I would go after my commission.
1 vote Thank Flag Link Fri Jan 25, 2008
as a buyer and a private citizen you are not bound by real estate law and can do anything you want. but morally there is no reason not to use the realtor that showed you the home to put in the offer. furthermore, if the realtor finds out that you submitted an offer on your own, he/she is likely to contact the listing agent and fight for his commission if you end up getting the home. it can cause problems for the seller and for yourself and really foul up the deal.
0 votes Thank Flag Link Wed Dec 14, 2011
You are morally obligated to use the real estate agent that showed you the property in the first place.
This person wasted their time, gas, and may have turned down another job or customer to get you
to your property. The realtor probably did not only show you the property that you are speaking of
he or she probably showed you several and also spent time on the phone with you as well. If you signed
anything with them then you have to honor that contract. It sounds like you did not sign anything.
It is kind of like courting one person and then bringing home a brand new date in the middle of dinner.

On the other hand, if your realtor is really lame and you have a valid excuse for not using him, let them know
where they are falling short in an honest with them and if they don't comply then get someone else but at least give them a chance. They may have 7 kids to feed. I know that I do but that is personal and they never
would know that because we have a professional ethic to uphold. Give us a break!
0 votes Thank Flag Link Wed Oct 13, 2010
Jennifer, Is there a reason that you would choose NOT to use the agent who showed you the property? It disturbs me as a real estate agent, whose only commodity is our time and expertise, to have people feel that it is OK for us to look up proeprties that meet a person's needs, take them to the property, and then have the people feel that they don't owe us any money!

If you go to an auto mechanic and they look at a car to decide what needs to be done to it, you pay them for the diagnosis! If you go to an attorney for advice, you pay them for their time. Why in the world do people feel that they can waste one professional's time, but would expect to pay another professional for theirs?

Sorry if this sounds like a rant, but I just see it happen so much! I don't understand what has happened to integrity in our society.
0 votes Thank Flag Link Sat Jan 26, 2008
Obligated? Did you sign a Buyer/Broker Agreement? It is unethical for another agent to write the offer and the original agent can file a complaint and if they can prove they were the one that showed you the property they can collect the commission - they are entitled to it.
0 votes Thank Flag Link Fri Jan 25, 2008
Not unless you signed a Buyer/Broker agreement saying that you are obligated. Liz
0 votes Thank Flag Link Fri Jan 25, 2008
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