If you signed an "exclusive right to represent" agreement, then you have to read that agreement to see what you may be responsible for. It is possible that if your first agent showed you a property you want to buy then they are entitled to a commission which you may have to pay.
If you signed an "agency disclosure" form you may be able to use whoever you want with no problem. See here for NY disclosure form. http://www.dos.ny.gov/forms/licensing/1736-a.pdf
Please be wary of some of the answers you see posted here. From some of it's most basic forms such as the fact that some agents use the title vice president or licensed real estate agent, neither of which are legal ny real estate licensing titles to saying you owe a commission even if you didn't sign any form of agreement. There are some good answers here and some scary. Don't be sold by a VIP title or pro designation. It means nothing.
Donald A Mituzas
Licensed Associate Broker
2008 Realtor of the Year
Director - New York State Association of Realtors
Prudential Douglas Elliman
If you are asking a question about NYC, particularly Manhattan, please be aware that all the answers from out of state are totally irrelelvant, and those out of Manhattan are mostly irrelevant. What you are dealing with here is the REBNY (Real Estate Board of NY) regulations, and the other boroughs have other boards and other states have totally different laws. Also, to those responders referring to a buyer's agreement, we do not have that here.
There are two sets of issues, moral/ethical and legal.
If you did work, would you want to be paid for it, or would you like someone else to get your pay? The agent that brought you to that house is ethically and morally the one who is entitled to earn the money for bringing that place to your attention and taking you in. Plain and simple. There is surely a paper trail of that agent setting up that appointment. Now, from a REBNY point of view, there are two things at work. You do have the right to change agents if the agent you are working with is not serving you well, or you are not clicking. However, in a co-broker situation (there's a buyer's agent and a seller's agent) the co-broker entitled to a commission is the "procuring broker" which means the one who brought you there in the first place. That agent was working, not playing, when they researched properties on your behalf, took you to some and already committed time to you in the expectation of a deal that could otherwise have been spent on other activities that would result in a commission. To expect someone to find you the house you want and then disappear for someone else to reap the rewards is wrong on multiple levels in my opinion.
I would suggest you try to work out your differences and if not, get the broker of this agent to intercede and assign someone else, and let the broker figure out the split.
In New York State, buyers rarely sign agreements concerning commissions with a buyer's agent. Rarely--not never, just rarely. In other states, buyers are more likely to sign commission agreements with agents. [The NY State agency disclosure you signed is Not a contract, it's just a disclosure.]
If you did not sign a buyer's agreement to pay a commission to an agent, you have nothing to worry about. Any commission concerns are among the brokerages and do not concern you.
It is possible, however, that the seller's agent will hear from your former buyer's agent demanding some share of the commission.
Therefore, you should tell your new buyers' agent, if any, the history of this situation.
Also, you could ask the new buyer's agent to show you the house again, that you want to take a second look. That helps establish your new buyer's agent's relationship between you and the property.
If you buy the house without any new buyer's agent, as an unrepresented buyer, the seller's agent might arrange to share commission with your former agent anyway.
Commission sharing occurs among brokerages as specified by the seller's listing agreement and the agreements brokerages have among themselves. These are contracts that you, as a buyer, are not a party to in any way. Therefore what exactly happens to that commission is not something you control, although the outcome will be disclosed to you by closing time.
Licensed Real Estate Salesperson
New York, NY
"If the agent that you are dissatisfied with is not successful with negotiating an offer that works for you, run a mile and find a true buyer's agent for the rest of your real estate experience, he or she will put your best interest first and in my opinion, usually provide superior service."
We are all buyers agents, listing agents and dual agents until that distinction is made.
The whole â€œbest interestâ€ thing is pretty murky and a pretty silly response. Iâ€™d love to hear the explanation of what happens in your corner that gives that superior service? Of 99% of agents say this. not one can explain anything different that is done more than the listing agent. Never heard how an agent can get the house for less, nor can they explain what they do that makes it better.
It is just a self serving remark to make a buyer come to you for the sale.
One last thing. Never, ever sign an exclusive buyerâ€™s agreement. It is the worst thing you can do. If the agent asks you to sign one, it shows you the only best interest that agent is looking out for is their own.
So, I suggest to have a heart to heart with your current agent - explaining what you dislike
in your working together. If there is no understanding, have a meeting with this agent's broker (
with your agent being there). If there is no understanding, still, bring up your dilemma of not
wanting to work with this agent on the previously shown property purchase. You might get a new agent assigned to you by the broker.
Things could be worked out in most cases.
However, I agree with previous agents here - that your agent needs to get paid for the work on your behalf - but only for the properties that he/she showed to you (unless there is an exclusive buyer agreement in place, which states how to handle this situation).
If you can't resolve your differences, however, search for new properties with the new agent. If you love the property shown by the "ex" agent - finish the transaction with him/her or their substitute, assigned by his/her broker (again, unless you signed paperwork where you have a different agreement).
Best of luck,
Beachfront Realty, Inc.
Bond New York
with you to get more information on what type of agent you will need.
Please just give me a call as soon as you can
Licensed Real Estate Agent
Century Homes Realty Group llc
Direct Line: 347-932-0609
The seller pays the commission which goes to the Realtor who gets you to contract.
Last I checked, this is still a free country and you still get to decide whom you wish to employ.
If the original Realtor feels entitlement, they can pursue a share of the commission from the Realtor you used After closing. This does not involve you.