Home Buying in 23451>Question Details

Ann Marie, Home Buyer in 23451

I AM FROM MASSACHUSETTS. I saw a house from a realtor who I've come to dislike. I never signed an agreement

Asked by Ann Marie, 23451 Thu Jul 30, 2009

she just took me once through this house. Does this realty still get a commission even though I choose someone else to represent me. CAN I choose someone else to represent me? Ann Marie

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Before I will show a potential buyer a house, I will make sure that he/she was qualified to get a mortgage.
Than I will check with him/her what style, size,location he/she want the house to be, and the time frame etc.
And only than I will start looking for the dream house.
You can work with another agent as long as he/she does not show you a house that you have seeing with the first agent.
good luck
Joshua Zargari at Pugatc Realty
0 votes Thank Flag Link Thu Dec 3, 2009
Actually, Jeff, I just reread all the repsonses here, and nowhere did I see anyone tell Ann Marie she HAD to work with the agent she had been working with.

It was suggested, in a respectful way, that she might want to try and work things out. with either the agent or the broker........but the bottom line is she is free to work with whomever she chooses. I clearly stated that, as did others.

Also, brokers don't want to have a "cat fight" as you put it, but we do want to work in a civilized manner showing respect for our collegues. I also clearly noted that any commission disputes would be decided among the agents, and that nothing would impede Ann Marie's purchase.

I'd like to know what points you object to?
Ann marie asked if she could choose another agent, and was told she could.

Have a great weekend
Debbie Rose
Prudential NJ Properties
0 votes Thank Flag Link Fri Aug 7, 2009

Once again an agents answer (Bill) just does not get it.

As a buyer, I am not bound by any NAR code, and I don't particularly care about any NAR code. I do care about the rule of law and contracts in my state. I want all the legal options available in my state used in my favor.

Is the agent supposed to look out for other agents rather than the needs of the client?

Crazy responses when you think about this from a business deal aspect.
0 votes Thank Flag Link Fri Aug 7, 2009
Hi Ann Marie, each state has their own rules and regulations but if the agent is a member of the National Association of Realtors we abide by a code of ethics. There is the issue of procurring cause and both of Debbie Rose's answers are very good. There are always 2 sides to each story, buying a home is one of the biggest investments most people make in their lifetime. I encourage buyers to interview agents before they decide to go and look at any homes. I personally do not work with any buyers who will not meet me in my office to see if we can work together.
If you don't like the agent that showed you the house that should be discussed with the agent and his/her broker at the very beginning.
This is obviously an abbreviated answer it would take a dialogue to figure the chain of events that occurred. As some of the other agents mentioned you don't want to be stuck with someone you don't like but they may still have a claim on the commission and the agent you do use might not get paid and they won't be happy. Yes you will get your house but would you want to work for nothing?

Good luck
Bill Farragher
0 votes Thank Flag Link Fri Aug 7, 2009

Some agents responding seem to be unable to see the buyers perspective. If you don't like an agent, don't even consider using them. Use an agent you like and appears trustworthy, it does not matter what broker they work for.

If the brokers want to have a cat fight later over the comission, let them, it's not your problem, they work for you.

Also, in VA verbal agreements are not actionable. If you never signed any agreement, you have no agreement.
0 votes Thank Flag Link Fri Aug 7, 2009
Just to clarify, as Don and I were implying, the first agent might want to claim part of the commission if she considers herself to be the "procuring cause". Her claim would not impede the sale, but she could have her broker pursue it with the other agent's broker through arbitration.

Ann Marie, you are free to find another agent.
Whatever might be negotiated among the agents in regard to the commsiion would not get in the way of you buying the home.

I have been in the position of being the "2nd" agent. In that situation, I gently encouraged the buyer to follow through and remain with the 1st agent for that particular house. If there was a issue, and the buyer refused to work with that 1st agent, I would certainly handlie it, but I'd make sure my broker called the other broker to discuss what was happening. The buyer's needs would be met - that's first and foremost, but I'd never want another agent to think I tried to take their client away.
0 votes Thank Flag Link Sat Aug 1, 2009
Hi Ann Marie.
You are under no obligation to stick with someone that you don't like. If you get another agent to represent you and your previous agent is not listing the said property then she is can not gain commission from this home. Don't let anyone pressure you into anything you don't want. Life is too short to have a bad agent. :) Good Luck on buying a home and if you ever need any real estate advice please feel free to call or email me.

Samantha Jenkins
Native American Group Realty
0 votes Thank Flag Link Fri Jul 31, 2009
Hi Ann Marie

Look, no one owns their client, and since you have no written agreement you are free to work with anyone you choose to.

That being said, unless you feel she did something unethical or problematic, it would really be best to at least work with her on this particular home if you decide to make an offer. If you're just having a personality conflict, and you're not comfortable working it out with her directly, you could also have a conversation with her broker to help work out your differences.

So, short answer is, Yes, you can choose someone else, Do I think you should? Not really. She took her time working with you, perhaps even showed you other homes, and unless she did something terrible, I think it's only fair to follow through with her on this home. Certainly moving forward, you are free to find someone new who you are more comfortable with.. If you feel she is not competent, then discuss this concern with her broker, who could assign a different agent and work out the commission issues among themselves.

As Don mentioned, the agent might be able to go after the commission, but that would not impede your purchase.

Good luck...
Debbie Rose
Prudential NJ Properties
0 votes Thank Flag Link Thu Jul 30, 2009
Ann I guess the big question is do you want to make an offer on the house that the realtor showed you. In Florida she would likely get the commission because she is the realtor who took you to that particular house.
0 votes Thank Flag Link Thu Jul 30, 2009
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