ollie, Home Buyer in 91301

Broker showed a home to me 6 months ago, We are no longer using this Broker . House has gone into short sale. Would like to make a offer to the bank.?

Asked by ollie, 91301 Wed Nov 11, 2009


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Hi Oliver,

Ted is right, if you dont sign a written agreement to be represented by a broker/agent, then you dont have an obligation to go forward. Heidi is kind of right, the broker who showed you the home did work for you and unless they are incompetent or you felt they were uncompatible with you, you may want to consider giving them the opportunity to earn the commission that as Dorene say would not be paid by you and the commission is already in the breakdown considered by the lender so, you are not "saving" money if you tried to go alone, in fact, having represented several buyers in short pay transactions, they can get pretty complicated and this is not generally a good situation to try and represent yourself in. If you have found another agent who is compatible already, and they have already been working hard for you since you stopped seeing homes with the agent who showed you the home initially, then I agree with Benito's recommendation.

Wow, It's fun to come in and Monday morning quarterback everyones comments. They are all really good recommendation. This is what make Trulia such an excellent forum. Where else would buyers and sellers be able to get this kind of input 5 years ago. Such a cool community.
Web Reference: http://www.ConejoLiving.com
1 vote Thank Flag Link Wed Nov 11, 2009
Hi Oliver,

If you did not sign a buyer broker contract, you have no obligation to continue working with that broker. Whatever the reason is that you do not want to continue working with that broker is something only known to you. You are free to use whoever you like as long as you do not have a contractual obligation.

Since this is a short sale, your offer is to the seller. The listing agent has a power of attorney to speak to the seller's lender on the seller's behalf to help negotiate the short sale process.

A commission is already built-in to the sale with compensation to the buyer's agent. You have two choices. Either be represented by the listing agent, or find another agent to represent you solely. If there is some reason the agent you were working with originally' created a reason that you would no longer want to work with them, then it would probably be a good idea to interview a few agents.

I don't see any advantage for you in going alone through this process. Because this is a short sale, the bank ultimately will decide how far in the red they are willing to go on this loan. You cannot go directly to the bank as you would need power of attorney from the seller to talk to their lender.

I just wrote an article on my website related to short sales please see the link below. If you need any help shoot me an e-mail and we can set up a time to meet for coffee.
1 vote Thank Flag Link Wed Nov 11, 2009
So why don't you want to have the agent who did the work get paid? I would use the agent to write the offer to the bank. If you don't like that agent, you should use some agent. Banks are ruthless to deal with. Get an agent. I would say use the one who did the work. It is right thing to do.
0 votes Thank Flag Link Mon Nov 14, 2011
As other, if working with the broker that show you the home, call and request an appointment again. If you still like the house, write an offer.

What is the reason you like it now instead of 6 months ago? Price?

If you like it, buy it, and remember that short sales could take long time to close.

Here is a link to a handout from Realtor.

0 votes Thank Flag Link Wed Nov 11, 2009
Dear Oliver,
You will not be paying either agent in this sale, as the bank will negotiate commissions with them. It would be honorable to contact the agent that brought this property to you, so that he/she could be paid for their work.
0 votes Thank Flag Link Wed Nov 11, 2009
To add to Heidi's answer...

When you write an offer on a short sale, the owner still owns the home. You are writing the offer to the owner for their acceptance, first, than they pass the offer along to they bank for their approval. At this point the owner can still accept, counter or decline your offer.
Web Reference: http://www.themmteam.com
0 votes Thank Flag Link Wed Nov 11, 2009
You didn't say why you are no longer using this broker or whether or not you are using another broker. If she showed you this home, you should call her up and ask her to write the offer on it unless you feel she is just grossly incompetent, which is probably not so since she knew where to take you in the first place! If you are using another broker and that broker is comfortable writing an offer on a home she didn't take you to and comfortable making money off another broker's work, I would question her ethics and whether or not she would be out to protect me or herself in any transaction. If broker #1 is grossly incompetent, then broker #2 should write the offer and at least give broker #1 a referral fee for taking you to the home in the first place or have the managing broker for broker #1 over-see the file for her and let her, (#1) write it.

Hope this helps.....
0 votes Thank Flag Link Wed Nov 11, 2009
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