Home Buying in 19341>Question Details

Zillow Trulia, Home Buyer in Exton, PA

I do not want to sign BR form with my current agent, but the agent had sent 4 Trend listings before negotiating on BR..

Asked by Zillow Trulia, Exton, PA Fri Jul 9, 2010

I do not want to sign the BR form with my current agent, but the agent had sent 4 Trend listings before negotiating on BR.. 3 listings out of 4 came directly from me (I had identified on my ownand asked to send Trend listings). Now agent is saying that I can not buy these 3 houses from another agent if I do not work with her. Is this true? I can not work with this agent.

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Did the agent explain agency and consumer notice ? Did the agent show you the homes ? Did you find another agent after you saw the homes ? Is there any particular reason you do not want to work with the first agent. ? Procuring cause and buyer agency are two different things. You should talk to the agent and broker and try to resolve this.When you identified the listings did the agent send you the trend listings ? Did the agent then not agree to show you the homes or did the agent stay in touch with you?
Web Reference: http://www.gitabantwal.com
0 votes Thank Flag Link Tue Jul 13, 2010
Short Answer: No contract=no liability.
0 votes Thank Flag Link Sat Jul 10, 2010
If all the agent did was send you the homes from Trend, that is not enough to prove procuring cause. With no Buyer's Agency Contract and no procuring cause you are free to work with who you like. Nothing like strong arming people to gain clients. ;)

In my opinion you should find an agent that you can trust and enjoy working with and sign an Exclusive Buyer's Agency Contract with them to protect yourself. This contract makes sure the agent is working in your best interest. You should never assume you have a relationship with an agent until you are under contract with them. You want an agent on your side throughout the transaction and beyond.

Best of luck with your home search! And if you'd like to know what services I offer my Buyers feel free to email or call me.

Here are a couple of testimonials from my Buyers...
Krista recently helped us find a great home in the Downingtown/Exton area. She was extremely knowledgeable and had many insights about the area that helped with our search. She took the time to understand our requirements and suggested a community that we fell in love with. When there were no houses available that met our needs, she volunteered to write letters to the neighborhood asking that anyone considering putting their house up for sale to contact her. That resulted in several great responses from homes that were not even on the market, one of which we ultimately bought and love! I would highly recommend Krista to anyone looking for a realtor.

-Geoff C.

We were quite grateful for the help that
we received from you at the time; also, for someone
moving from out of state to this region, it was
Reassuring to get help from someone who understood our
requirements, had a good knowledge of the area, and
patiently answered our questions. ...if someone we know is on the lookout for a
house, we will surely recommend you

-Bhaskar S.


Krista Fuchs, Realtor
Prudential Fox & Roach Realtors - Exton
FuchsRealEstate@gmail.com
484-875-2600 Office
484-459-8025 Cell
0 votes Thank Flag Link Fri Jul 9, 2010
The buyer agency agreement and procuring cause are actually only loosely related. One of the best definitions I've seen for procuring cause is "the uninterrupted series of causal events which results in the successful transaction." (http://www.ired.com/news/2000/0008/moneysecret.htm).

Without getting into a long discussion filled with mumbo-jumbo about agency relationships, an agent is not entitled to a *commission* unless that agent was the procuring cause of the transaction. Simply sending you MLS listings probably would not qualify as procuring cause. The agent would probably have to exert a little more effort on your behalf to qualify as the procuring cause. An agent who is the procuring cause of the transaction and has the cooperative broker agreements in place will likely earn the commission whether there is a buyer agency agreement or not.

So, why would you sign a Buyer Agency Agreement? Because it is an agreement between you and the real estate licensee that the licensee is accountable to you for the fiduciary responsibilities of obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care. I like to include a value proposition to my clients that spells out exactly what services they will receive from me. It is my interpretation of reasonable care. In return the agent will be paid a *fee*, usually which is paid completely or partially in form of a commission by a cooperating brokers agreement with the listing broker.

Without a buyer agency agreement, there is no guarantee that your agent will deliver on those fiduciary duties and little recourse if he doesn't. Many believe that the buyer agency agreement protects the agent. It, in fact, protects the consumer more than the agent. The agent that is the procuring cause and has a valid co-op broker agreement with the listing agent will get paid a commission whether you have the agreement or not. You have no guarantee that the agent is working in your best interest if you don't have one.

So, find someone you think will do a good job for you, have him explain the buyer agency agreement so you thoroughly understand it, negotiate the terms, and then sign it. It is in *YOUR* best interest.

Clear as mud, right?

I really hope that helps. I wish you the best of luck.

Joe Sheehan
RE/Max Professional Realty, Inc.
Exton, PA 19341
Office: (610) 363-8444
0 votes Thank Flag Link Fri Jul 9, 2010
Hi Home Buyer in Exton,

Since you have no buyer agreement in place, it is my understanding that you do not have to use that agent if you find them difficult to work with. Since you are the one who found three of the listings - they can not claim procurring cause because all they did was simply send you information about the properties.

There are lots of good agents in the Exton area that will be glad to help you, including me! Please don't feel pressured into using an agent that doesn't make you feel comfortable.

Regards,
Jill Callahan
ABR, e-Pro
http://www.jillcallahan.com
0 votes Thank Flag Link Fri Jul 9, 2010
From my understanding and interpretation of Buyer Agency, it is the contract that binds the buyer to the Realtor and the terms of that relationship are spelled out as far as length of time you are working with them and so on. If you have a contract and it is still valid with agent A and you buy using agent B, agent A, the agent you are under contract with is entitled to the commission.

Some agents sill work from the philosophy of Procuring Cause. That is what was used to determine who gets the commission before Buyer Agency was invented and implemented. Procuring cause is confusing to me because some Realtors still live by those old standards even though there is now a BUYER AGENCY CONTRACT.

Procuring Cause (in my own words): if Realtor A played a role in bringing a property or properties to your awareness, if Realtor A was the first domino in the line that tipped all of the other dominos (thought the visual would help) that lead to the purchase of that home, even if you asked them to show it to you, then they would be entitled to a commission.

There are so many weaknesses in that model don't you think?

In my humble opinion that agent is not accurate. The majority of us use Buyer Agency Contracts to get it in writing signed by the consumer. Procuring Cause should be left behind, and obviously for you, so should that Realtor you are dealing with.

I like the idea below of discussing it with her Broker. Let's see what she or he thinks of her threat.
0 votes Thank Flag Link Fri Jul 9, 2010
If you are not satsfied with your agent, do contact the broker owner and or office manager of the realty company, state all your concerns, expectations, etc., and go from there--if all else fails, you may ask to be assigned another agent from within.
0 votes Thank Flag Link Fri Jul 9, 2010
Wow, I am sorry to hear that you have come across an agent like this. While they may have a case to say they were, what's called "procuring cause", they don't have the agency agreement signed with you. So shame on them. You need to find a top, local agent, who does a lot of business and will be honest and open with you and not try and manipulate you into doing business with them. Of course, I am very confident that I can help you with that. My team and I have helped more than 50 clients in the last 12 months and can find you the right home at the best price possible and take the stress out of the buying process.

if that is the type of agent you want, let me know. I promise I won't make you sign anything until I have earned your trust and you are comfortable and confident in my abilities.

For more info on me and my team, please visit http://www.TheChrisAndCalebTeam.com, especially the buyer testimonies - http://thechrisandcalebteam.com/about/testimonials/
0 votes Thank Flag Link Fri Jul 9, 2010
I forgot to mention, I am in the Exton Area at least 3 or 4 times a week if you wish to discuss you options over coffee. NO OBLIGATION, NO CONTRACT NEEDED FOR COFFEE either lol Call my office at 800-395-8701 x113
Web Reference: http://ILoveberksCounty.com
0 votes Thank Flag Link Fri Jul 9, 2010
I am very sorry for your frustration, your only alternative at this point is to explain you situation to the broker in charge of the office where this agent works. It is alway best to find a realtor you feel comfortable working with before exploring the market. Some agents will sell there soul to the devil for a sale and disregard having a solid reputation. I never hold anyone to a contract if they perfer to work with someone else and all information is always free! No Contracts are ever in place until my client locates a home they wish to purhase. I feel if I do my job right and to the best of my ability my client will have no reason to find another agent. best of luck to you.
0 votes Thank Flag Link Fri Jul 9, 2010
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