Yes you could but why would you? You need the information you can get when you receive a seller's response. If you felt like your first offer was a poor one, your second one won't be any better unless you wait to see how the seller responds.

Thu Apr 10 2008, 10:57

Alexis, First be sure that your buyer agency agreement has been terminated - then you are free to use any agent you choose. I'd be happy to help..
Thanks and Good Luck, Richard

Thu Dec 27 2007, 08:31

I want to first apologize to you for the conduct of this person who calls themselves a Realtor. This agent obviously did not explain agency to you before you sat down and wrote the offer. The previous answers posted have some good advice, I will just add a few points. Consult another agent/broker about the situation and at their direction write an offer. You should sign a buyer-broker agreement with this new agent so you are getting your own representation. Visit my blog below and read the most recent post about buyer representation in Virginia, titled Caveat Emptor or buyer beware in Virginia, which will be very helpful.
Good Luck.

Thu Oct 18 2007, 11:30

This situation can be a little sticky. To cover all of your bases, definitely send them a letter, or a fax that (something that provides you with confirmation that it was received) memorializing the events and the reasons why you no longer require his services. Talk to your new Realtor about the situation so that person can advise you, and also has a heads up on the events leading up to your new offer. The safest way to go would obviously be to consult with a real estate attorney to get confirmation that you would not be responsible to pay your previous agent a commission!

BEST OF LUCK TO YOU!

- Emily Chance

Thu Oct 18 2007, 11:15

Yes-you can get a new realtor to submit your offer provided you did not sign a buyer broker agreement with the one who submitted the offer. You can work with whoever you would like as a customer but if you sign a contract with a agent then you are agreeing to work with them exclusively and become their client. Hope this is helpful

Thu Oct 18 2007, 11:07

Unless there is some critical piece of information missing from your information then you should be free to work with another agent. I would send their broker a letter stating you no longer wish to work with this agent on any future transactions just to be covered. Then find an agent that will negotiate the deal and protect your interests during the transaction.

Wed Oct 17 2007, 16:02

How did you end up w/ this Realtor representing you if he did not show you the property, nor find it for you? Were you working with him looking at other properties?

Why wouldn't he counter?

From the events described, it seems that you are free to find a new buyer agent and proceed. There could be other details that could shift that position.

Based on your experience, I would send a written notice to the agent who produced the first offer letting him know that, predicated upon the rejection of the offer, and his confirmation that he would not further negotiate on your behalf, his services as a buyer agent are no longer needed. If he later tries to make a claim to a commission on this property, you will want documentation to support your reasons.

Since I am not an attorney, and there could be facts of which I am unaware, please do not rest upon this as legal or final advice. Do discuss the details with your new prospective Realtor.

Wed Oct 17 2007, 14:31

Alexis, As long as you have no Buyer Agency Agreement and the negotiations with the current Realtor are finished - ie you have a rejection (in writing) and your deposit money (or check) has been returned - then you should be fine to seek someone else's assistance. In Northern Virginia, to be safe, I'd shoot the broker a quick fax stating that "I no longer require your services."
Working w/ the Sellers Agent doesn't always help you get the lowest price - using an experienced Buyer Agent does.
I've been a Buyers Agent since 1993. If I can be of help, just let me know.

Wed Oct 17 2007, 14:23

Sure you can do that. It'd going to look a little funny to the seller but they'll be glad to see you back and trying to negotiate for the property.

Wed Oct 17 2007, 13:59

That Realtor sounds at the very least totally unprofessional -- maybe even unethical.

Why did he refuse to make a counter-offer on your behalf and also threaten to shred your earnest money check and contract?

Unless there are details you've left out, based on what you've told us, I not only would switch Realtors (which yes, you can, since you never signed an Agreement with your first Realtor, and he would also have a hard time proving procuring cause), I would contact the first Realtor's broker and let him know the kind of people has has representing the brokerage, and that, thanks to his behavior, the brokerage has lost a customer and a sale.

Wed Oct 17 2007, 13:44

Unless you have signed an agreement to exclusively represented by your buyers agent, then you can change realtors at anytime. I wouldnt suggest changing any realtor unless they have grossly misrepresented your initial offer. Make sure you communicate to your realtor why you are upset and give him a chance to make it right.

Wed Oct 17 2007, 13:39