Home Buying in 98117>Question Details

Heaven123, Home Buyer in 98117

If I submitted an offer with an agent and that offer was not accepted, can I submitted a different offer on the same house with another agent?

Asked by Heaven123, 98117 Sat Oct 10, 2009

I don't think that I'm "betraying" the original agent because we were the ones who found the house and did all the research. His only job was to unlock the door and fax an offer. During the entire process, there was little to no communication between him and the listing agent, and I had to plead with him to contact the listing agent. Yes, this is how bad our experience was with him. His lack of due diligence and good faith effort has caused us a lot of frustration and stress. Because he's a friend who does this part time, we have tried to be patient and have endured this for over 2 years. I know that technically he's the "procuring agent," but in all honestly we procured this listing ourselves. Please let us know if we can submit a different offer on the same home with a new agent. Thank you for any input you may have.

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One of the best reasons not to use a friend for real estate matters. Now you will never view your relationship the same. As Mack said you need to contact the broker to see if they will pursue or not a commission from the original offer. You need to make clear to the broker why you don't want to use this person. Good luck
1 vote Thank Flag Link Sat Jul 28, 2012
Patrick is correct. For a more local viewpoint, Washington State seems to consider the agent whose name is on the Purchase & Sale Agreement to be the "procuring agent." It is probably worth a visit to a real estate attorney to ensure that you're not obligated to pay "your friend" - or their broker - an additional commission.
Something that buyers and sellers appear to often be unaware of is that their contractual obligations are not to their agent, but to that agent's broker. Which is why you want to ensure that the broker doesn't come after you for payment.
The manner in which you handle this with "your friend" is up to you.
I'm not certain if you're achieving the goals you set for yourself when you began this process two years ago, but your story doesn't appear to be a ringing endorsement of going "Buying By Buyer."
1 vote Thank Flag Link Sat Oct 10, 2009
Procuring cause is a touchy subject. You should be able to make a new offer on the same house with a different agent. It needs to be completely new offer not a counter to the original offer.

Talk to your friend and explain your situation and get everything out in the open so that there is no confusion after the fact.
1 vote Thank Flag Link Sat Oct 10, 2009
I don't think this is a "friend" problem, but more of a "part time" agent problem. Only work with a full time professional who is 100% committed to their real estate business. You want their undivided attention. I am sorry you have to go through this and may lose a friend over it. Perhaps if they are a reasonable person they will understand why you want a different agent:
1. Full time professional
2. More experience
3. At your beck and call 24/7

If your friend agent can't do that and that is what you require, there is no reason for them to fight to keep you as a client. You are a mismatch. If they are any sort of professional at all, they will refer you to another agent within their firm, a full time professional. If you close a deal using another agent they've referred you to, they usually get 20% of the selling office commission. Usually this salves the wound a bit and you can probably go on and be friends as if nothing happened.
0 votes Thank Flag Link Sun Aug 5, 2012
I believe that if you did not sign a Buyer's Agency Agreement tying you to the first agent that you should be free to chose another agent and make an offer on the same house.
0 votes Thank Flag Link Mon Jul 9, 2012
Yes you can. You are the consumer-you are free to choose. The agents should be able to work out issues of "procuring cause" without you being in the middle.
0 votes Thank Flag Link Thu Sep 9, 2010
I suspect your agent didn't have you sign a Buyer's Agency Agreement. But, even if everything with your agent/ friend has been verbal, you and he do have an agency relationship. It twould be best for everyone concerned if you told your friend/agent that the relationship isn't working and then follow it up with a letter (best) or at least an e-mail. That way, you have a paper trail that you have ended the relationship and no longer wish to work with that agent.

I think there is less chance of your agent/friend or the brokerage firm trying to get you to pay a brokerage commission or claimng "procuring cause".
0 votes Thank Flag Link Tue Nov 3, 2009
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