I am so tired of agents telling you to report agents that violate the ethics code. First you should read the ethis code. If you are in fact upset because an agent intimidated you and was in violation of the code and you feel this was a deliberate act then by all means report the agent. Otherwise just call your agent and tell him/her that you want to put an offer in on a property. Tell them what property, how much you want to offer and the terms of your offer. If you need help with this information then ask your agent for advice. That is what we do. We advise. Good luck.
This question was posted back in July. The buyer as a natural progression later asked questions about other properties and then lastly in October asked about flood certs. I would guess from her questions that the he buyer has moved on, not only from that property but probably to the contract stage or toward closing on a different property.
Can we let this question rest?
Thank you for sticking by your agent that has worked so hard for you. I appreciate your loyalty. The agent holding the open house is wrong and I think the seller would be very upset it they were to find out that someone that is supposed to be working for them made a potential buyer feel uncomfortable. Call your agent and have him deal with the other agent. Don't even worry about any more. Good luck!
Marie, if you told this agent you are working with another agent, they are violating our ethics code and can be fined. Report this person to your agent, who should report them to their local and or state Board of Realtors.
This stuff makes steam come out of my ears!
Note agency is disclosure...buyer broker is a contract!
As long as it wasn't a new build/spec home, where-as they (the sales reps) make it ery clear, your agent needs to be there with you on the first visit, then you are free and clear to use your agent. I would suggest
you carry your REALTORS business card and show or give it to the other agent, leaving no doubts.
There have been a couple of issues in ref to procuring cause, w/o a signed and vaild BBA between a buyer and an agent, but again for the most part, you can use whomever you want as your agent.
I hope that helps.
I would continue to use the agent you have worked with for many months now and in fact tell your agent about the unethical actions of the other agent that is in their market area. I hope everything works out great for you and you do in fact purchase the home.
If she works for a developer and this is a new home then yes your agent would not have a right to claim a commission however exceptions can be made but it is not your battle. Let your agent work this issue out and if you want this house then have your agent contact the other agent to write an offer.
Jason D. Coriano
That is not true. The Open House Agent feels she has "procuring cause" just because you came into the open house. If you are working with an agent that has shown you other homes, you've relied on them to assist with mortgage preapprovals, your agent can schedule another showing with you to see the home on another day and will have procuring cause. Walking in does not make her your agent.
Janet Larsen, Broker/Associate
It's possible that the agent was not the listing agent. In other words, the agent was holding the open house for someone else who actually had the listing. Agents do this in the hope of finding Buyers to work with.
She was probably upset because she did not stand to earn anything working with you unless she were the one to write your offer. Her behavior was unprofessional and likely unethical as well. You are under no obligation to work with the agent who held the open house.
Explain things to your agent and let him/her write your offer.
Maggie Hawk, REALTOR
Watson Realty Corp.
Another agent that should have her license revoked.
Scott Miller, Realty Associates, Boca Raton, FL
However procuring cause can be an issue because your agent should accompany you to all properties that you want to see. Usually the listing agent doesn't care who is the buyer's agent because they do not care who they split the commission with and so they do not fuss over the procuring clause issue. However, in this case it seems that the listing agent has the intentions to keep all the commission to herself therefore she might make a fuss over this clause. Have your realtor contact her and have this straightened out if you are really interested in making an offer on this property.
For future reference if you really want to protect your agent's commission I would suggest you have your agent contact the listing agent before you walk into the open house if your agent cannot be with you at that moment. This will help solve some of the procuring clause issue.
Stay loyal to your agent, they have invested time in you.
Hope this helps, Jeff Persons ABR http://wesellboston.net/
open house are designed to give the public an opportunity to view the home without obligation.
Call your Realtor and have he/she show you the Property and than write up your offer and submit to the Listing agent, Good Luck
However, when one is working with an agent to find a house it is always good for the Realtor to explain the process for your area. It sounds like you are a good loyal client wanting your Realtor to get paid for all her hard work over the last year! I commend you for that!
I agree with you that an OPEN HOUSE should be just that. Open to anyone. It is the professional's responsibility to ask you if you are working with another agent. I coach my client's to sign in with their name and MY name when entering the open house. That way there is no question even if the attending Realtor does not ask the appropriate question. You could also give your Realtor's card to the Open House Realtor and ask if its ok to look around. I can't imagine a legitimate Realtor turning you back...but if they do then I would call your own Realtor right on the spot and ask her to talk to the other Realtor before proceeding.
Any listing Realtor's job is to market and SELL the home. We hold open houses for the public to view the house and hopefully find a house that they have not seen before. We also hope to pick up new clients for either that house being held open or another house if that is not the right house for the client. However, it is not ethically
right for the Realtor holding the open to tell you that you can't work with your own Realtor when she finds out at the open house. She had no time or money invested in you and she would have still gotten a commission as the listing Realtor. It is a definite WIN WIN situation if she gets a contract on the houes!
If that Realtor wants to hold you accountable for some RULE then she needs to be held accountable as well for trying to steal someone else's client.
Real Estate Agents have been known to force /steer buyers to use their services, forced to use specific loan officers and title services, inspection companies.
You are the buyer, it is your choice to whom you wish to use
Now, if you were not at a New Home development, you may force the issue by having your existing agent do their part to bring you around to the house (a second time), and get there with you by making an appointment for the two of you, and after that, write the offer you want to put on the house -- this way you keep things in the right sequence of events, and there would be no issues about who did what and how. It is a bit tricky when the lister puts on such conditions.
Realistically this is one of the most messed up issues with Realtors today. Most Realtors can't fend for and make a living for themselves, so they fight and scrape for every piece of business whether they are entitled to it or not. Things like this are what gives a Realtor a bad name. Yes, your agent should have been accompanying you, but the other agent is not acting in your best interest because she is not representing you.
Your agent can represent you, but it will probably go to arbitration to figure out who gets the commission, and unfortunately for your agent arbitration is a bunch of morons who don't take things like contracts and laws into consideration. Arbitration is there for the weak Realtors who can't do business the right way, in my opinion. "I didn't follow rules, but I still did something so pay me!" Rediculous, but we as Realtors have to agree to arbitration to be Realtors.
This is precisely the reason that I work with my buyers under contract. This protects us both from unethical real estate salespeople!
To answer your question you can certainly continue with your current buyer agent and they will be so grateful to you for that.
The only exception to this would be if it was a brand new property being shown by the builder's agent. In that case your agent MUST come with you when you tour the property.
The Listing Agent at the Open House is completely wrong... You do not have to work with her as your Agent to purchase the property.. First, if you don't agree to Dual Agency (representing both the Buyer & Seller) she cannot represent you... Second, you already informed her you have an Agent working for you, and your presence at an Open House does not constitute 'Procurring Cause' on her part. The Listing Agent was only performing a "ministerial act" by Opening the House to prospective Customers (not clients).
You might consider report her to her Company's Managing Broker, since I'm positive you are not the first person who has been "mis-informed" at an Open House.
Bottom line, use your own Realtor for separate representation.
Best of Luck,
Licensed Associate Broker
Accredited Buyer Representative
GREEN Desginated Agent
Legends Realty Group
Sometimes builders refuse to work with an agent once you have signed in at their open house, but I know of few builders who would risk losing a deal because they did not want to pay your agent for representing you. I would have your agent call the open house agent and get things worked out.
Seems like the agent at the open house was out of line and was playing hardball to try and get double commission. She was not really servicing her clients (the Sellers) because if she wrote the contract for you, she would end up being a dual agent ... clients are no longer really represented at this point.
As indicated in an earlier post, I was also going to mention "procuring cause" as the possible point the Open House agent was referring. If you want the house, ask your current agent to take you back for a second viewing.
All the Best.
You are your own person and can go look at open houses without being escorted by your Realtor if you want to, it is just best to disclose your status to the listing Realtor as soon as possible.
However, as a professional even at this point, I couldn't/wouldn't stop them from doing what they wanted. I had recourse but my first priority was to selling the home. I hope this clarifies why it is important for home buyers to disclose up front that they are working with another Realtor. Good luck with getting the home you want.
It is often helpful for us as agents to know how Home Buyers and Home Sellers chose to handle situations and how those situations were resolved. Please share if and when possible. Thanks.
I practice real estate as an agent in Hoboken, NJ. As such I understand that every state has different ways of handling this situation and the relationship between real estate agents and customers and procuring cause. These are legal issues by nature and are complex. A regular transaction in Real Estate is stressful for a customer, trying to find the perfect home and trying to make that home his or hers. It involves a large sum of money and moving to a new place which many times can be life changing.
Because this process is so confusing there is a higher standard that real estate agents follow in our code which requires realtors to work out any disputes in this area amonst themselves in a fair way that does not put the customer in the middle. Think of it as one of the perks you get as a customer working with a professional.
My suggestion is simple; you are a long way from closing the transaction, call the realtor you are comfortable working with and ask him/her if they would like to get you to the point of putting in an offer, it may be a little more complicated for that realtor than usual, but every deal has some kind of complication, he or she will work that out with the other realtor and you would not be in the middle.
You can then focus on your offer and getting your dream home.
As I explained I am a real estate agent and not a lawyer, this stuff is complicated the professionals can work it out.
Good luck on your purchase.
Robert DeRuggiero Inc. Realtors
Did you sign in at the open house?
I would send 'a copy 'of the offer to the seller at their address certified mail .
Remember, the agent doesn't own the house (they might). But unless they do, they don't. The seller owns the house.
Situations like this reflect very badly upon the ethics and professionalism of our industry. Unfortunately, they happen because of behavior of persons such as the one you encountered.
I work quite a bit with buyers and we use a contract..that takes care of such situations called an "exclusive buyer/broker agreement". Once such an agreement is in place, simply let the offender know, you are under signed contract with your buyer agent. That should end the discussion!
If you run in to any trouble, voice you concern to the listing agent and her/his broker if necessary.
We agents do host Open Houses in hopes of building our buyer base. But the seller opens the doors of his/her home in order in sell it. If you want to buy this home go for it.
Unwavering Commitment to Service
Whenever I hold an open house, I always ask the people if they have a realtor. If they do, I simply offer my service to answer question about the house that I'm showing, and that I encourage them to tell their realtor to call me if they need additional info later.
At the same time, I encourage my buyers to check out houses during open house especially if I am not available at that time. I also ask them to inform the open house agent that they're woring with me. It's all part of professional courtesy and to eliminate any possible problems like that one you describe.
If you want to write an offer, by all means, use your own realtor.
I would let your agent know that you went to the open house and are interested in making the offer. I would also let her know what the agent at the open house said. Let your agent handle it. Buyers come to open houses all the time without their agent present but disclose that they are working with an agent and any professional agent sitting the open house will honor it. I'm not sure why the agent sitting the open told you that, whether she was the listing agent or not, it doesn't matter. Its a professional courtesy that we honor other agent's buyers and not try to steal them.
Don't not proceed on the offer because of this. If you want the house, have your agent write it up. The agents will work it out. By the way, if you sign in at an open house, write your name and next to it write your agent's name in paranthesies. Leave your agent's telephone number and have the agent at the open follow up with your agent and not contact you directly.
Gina Chirico, Sales Associate
973-575-6353 ext 17 office