That aside and 6 months later even if you had an exclusive buyers agency agreement I would check the dates on the agreement however all this time gone by and if you're not in communication with that agent over all that period I'd say they have given up on you and they would have a hard time proving procuring cause or for that matter that it is still enforceable.
Check your contracts first but my guess would be that you can do it on your own or at least with a good real estate attorney in your corner.
Broker of Record
2056A Lincoln Hwy. (Rt.27)
Edison, NJ 08817-3330
Office: 732-650-9911 Ext.302
All too many people would walk away, not care, and not look back.
Yes, it would be Kosher to do any ot the things you mentioned.
The decision you need to make is whether you want her to represent you or not, then you can plan accordingly.
In any event - she didn't take you to see it - I don't thnk that is working for the buyer, especially if she had a buyer broker agreement with you.
Time has elapsed, and from what you said, I will assume any protection period in the agreement has expired.
OK ........so barring any legal obligation you may have - which I don't think you do have - I would take issue with the fact that she didn't put herself out for you in regard to this home. You could have made your own appointment to see a fsbo. She did , according to your rendition - not follow up in regard to this home in any way.
Has she been in touch with you in the past 6 months? Has she updated you on the market? Has she looked to cultivate an ongoing relationship with you?
Take the answers to the above questions into consideration.
Personally - I wouldn't expect a buyer to find me - after 6 months elapsed - to buy a fsbo unless I stayed in touch..... and at least emailed them periodically, or tried to keep them in the real estate loop during the past months.
If I neglected them - shame on me.
Moral obligations are up to each individual. That's between you and your husband.
Now, most agents would agree it would be good business to be represented by an agent - that's a whole other discussion, and that's not exactly what you asked.
As far as how to handle this - if you and your husband want to compromise on your different positions - you might want to offer her - if you feel she was a competent agent - a reduced commission to oversee this sale.
That might keep the peace in your home, and still offer you some more flexibility in the purchase price....plus give you representation.
Bottom line - it's up to you!
A couple of you have mentioned that we could either 1) contact her about taking a lower commision, or 2) give a thank-you check (to her or to the broker?) to let her know that her services were appreciated, even if we didn't use her. We had actually considered these options, but we weren't sure if these types of things are kosher, or how she would respond. Any thoughts on whether these types of things are acceptable?
Often, real estate agents provide value to homebuyers through education - when we show houses, we help buyers get more in-depth knowledge of the particulars that affect market value, that sort of thing. So if you feel that your agent has provided value, you could write her (broker) a check for some amount as a "thank you" for helping you realize that THIS is the place.
Or, not. It's entirely up to the two of you.
Contractually, it depends on anything you may have signed. You note you "are well past the 90 days legal obligation." Make sure you're reading that correctly, but--if you're correct--then contractually you're OK.
Let me guess: You want to buy without the Realtor. Your husband disagrees. (Just sensing that from your answer, though what follows is advice I'd give in either case.)
I'm getting the sense that the party who wants to not use the Realtor thinks she (if my guess is correct) can get a better deal without a professional on your side. The closing cost assistance "will be a huge help" and there will be "much more room to negotiate on the price."
That's where you may be wrong. I'm not arguing in favor of the Realtor you used in February, but it would help to have some sort of professional representing you. First, do you know what the property is worth today? Even if your Realtor did a CMA on the property back in February, you need another one, now. It's possible that the property was overpriced in February and, even with the price reduction, remains overpriced today.
Also, while there may be more room to negotiate on the price if the seller doesn't have to pay a commission, a professional might be a better negotiator than you, and so the net savings could be greater if you used a professional to help you. And there's a lot more to negotiate on than just price.
So while you may be off the hook contractually--and may feel that morally you have little or no obligation to the February Realtor--you'd still probably be better off being represented by someone.
Hope that helps.
Always take the higher road.
If you did not sign an exclusive buyers agreement with that realtor you have no obligation. If you did sign such an agreement look at what was signed for the answer.
If your area changed most realtors would not cover a different area. Thus as the area is different and the agent was not involved I would say no.
The only exception would be if you signed a buyers agreement saying you would pay them when you buy a house. If no such contract exists you are free totally and completely to choose another agent, or to go without one.