Did you have time to build a relationahip with the sales rep of the builder so that he or she would remember the discussion? Was the discussion between you and your wife about the realtor in that rep's presence?

I'd start with that first contact and explain the situation. Four days out does not seem too far down the line to back pedal a bit especially if you are building rather than buying a spec home.

Here's my two cents:

If there are any contingencies in your builder contract try using that angle to argue that you want your sister-agent in on the deal or you'll walk away. Most likely there'll be a financing contingency and I would think if you did not comply with the lender's requests for additional documents (pay stubs, tax statements, DNA sample, etc) the lender would have no choice but not to approve you.

With the above said, we Realtors have this happen to us more often than we'd like to admit, and every time we vow it'll be the last time. A buyer representation agreement is not proof of procuring cause and would not entitle an agent to commission. Lesson learned for all, make triple sure that all your friends and family know you’re an agent and know not to sign anything unless we’re there. Same goes for registering with new builders and even apartment complexes.

Mike Gonzalez, REALTOR®
Listing Specialist / Buyer Representative
The Rivera Team at Keller Williams Dallas Northwest
(214) 783-4240 | MikeTX@kw.com | http://www.MetroplexAgent.com

She was helping me look for homes. Sending me listing and such. My wife and I just happened to stumble on this new sub-divison and ended up liking it. When we were signing the paper work my wife told me to put her name down, but me being a man a didn't listen. Here I am 4 days later getting heat from both women.

David,

Families can be so touchy in that arena. I can understand your plight.

Is it with a builder? You can ask them if you can put down a Realtor. However, with procuring cause they have the right not to put her down if she was not the procuring cause as to why you bought the house.

If it is not with a builder and you are using a Realtor, the Realtor who worked for you earns the commission.

Your sister as a Realtor ought to know the cannon of ethics and what she needs to do to earn a commission, you could tell her that you feel bad and want to help her earn a commission too, and ask her if she has suggestions. I think it could help her see there is not anything this far into the transaction you can do and she will hopefully appreciate your wanting to help!

Now that you'll be a new homeowner, you will be the expert among your friends, perhaps you can help mend that fence with her by promising to refer your next friend to her to help!

Hope that helps!!!!

David,
If your sister showed you the property and assisted you in making the offer, the builder's broker will probably pay her a commission. If she had nothing to do with you buying this property and you do not have a Buyer's Representation agreement with her, than probably not! Tell her "no free lunches" just because you are her brother!

Dennis.Anderson@century21.com

To many variables for us to be able to answer this question for you. Did you use a Realtor? Did you have an option period? Did the seller agree to the sales price without them having to pay commission to a Realtor? The list goes on and on. Without all the information it's impossible to answer...

GREAT QUESTION:

You would need to contact builder more than likely it would be too late at this time, you should identified with builder you had a buyers agent. Try all you can get is a NO... OR have your sister contact them direct.

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– Lynn911