Home Buying in Albany County>Question Details

Jan Ryan, Both Buyer and Seller in Brooklyn Heights, Br...

If an seller's "exclusive" agent is uninformed and not helpful to me, the buyer, and I am interested in a home, can I make contact

Asked by Jan Ryan, Brooklyn Heights, Brooklyn, NY Mon May 31, 2010

with the owner directly to get needed property info? How long after showing me the home can I do the deal without him? When, if ever after showing a buyer the house does their relationship sever if the agent is doing nothing to make the sale happen? I am NOT trying to beat him out of a commission but he is NOT helpful at all. I do not have a buyer's agent, btw. Thank you!

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Hi, Jan,

Please pardon my cynicism but could it be that the problem is that you approached the seller’s agent and made an offer of some kind which has been rejected. In our business, we have certain expectations about how business is going to be conducted. If your approach to buying this house is not in line with the seller’s agent’s expectations I can see where there may be a problem. If you as an unrepresented, untrained, unlicensed, inexperienced home buyer do not embrace the methods and expectations of the seller’s agent, again, I can see where there could be a problem.

Echoing the question of others here: why have you elected to try to make this purchase without professional representation of your own? Is it because you think that you can save money? If that is your plan, maybe it is time for a new start.

By the way, the agent who is representing the seller may be conveying to you the seller’s opinion and reaction to your attempt to buy the house.
2 votes Thank Flag Link Mon May 31, 2010
All good answers - all pointing you in the direction of representation. I think John has done an especially good job of answering (thumbs up to you John!). His suggestion that it may be time for a "new start" with representation makes good sense to me. The benefits of having an agent working on your behalf far outweigh whatever benefits you hope to achieve without one.

Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Mon May 31, 2010
When you use the wording "exclusive" what exactly do you mean? Also, email me the property and I will provide you the information that you are after. There really is not any disadvantage to having a buyer agent representing you. I can provide you property history, mortgage amount, tax figures, sales history, ect that will help you in making a more informed decision. Feel free to contact me at 518-330-2230 or jbustelos@nyrealtorgrp.com

Jason Bustelos; LREB'
New York Realtor Group, LLC
0 votes Thank Flag Link Mon May 31, 2010
Stephanie Kelley from Texas is 100% correct; the listing agent has a fiduciary duty/contract with the home seller. Your best best is to obtain a buyer's agent. If you have any further questions please don't hesitate to contact me @ http://www.lisachampagne.com. I work in the Capital Region area.

Web Reference: http://www.lisachampagne.com
0 votes Thank Flag Link Mon May 31, 2010
Since the seller has represantion, so should you--consider using the services of your own agent and go from there--your agent can answer questions, schedule showings, handle related paperwork, etc.
0 votes Thank Flag Link Mon May 31, 2010
Jan, You need a buyers agent. It should not cost you as the fee paid to the listing broker covers the buyer agent commission. It is the buyer agent's job to get the information you need and negotiate for you. I live and work in the area and would be glad to help you. You can contact me at janice.styleshall@coldwellbankerprime.com
Janice Styles-Hall
0 votes Thank Flag Link Mon May 31, 2010
NO, the Seller hired the Agent to handle the sale. If the Seller sells directly to you he will likely have to pay the agent anyway, so why would he bother? If the Sellers agent is being uncooperative he is likely not taking you seriously. Are you making a serious offer?

You should have an agent working for you that will negotiate on your behalf. It will likely cost you nothing.
0 votes Thank Flag Link Mon May 31, 2010
Jan, I'm just curious - why did you decide not to have a buyer's agent? You can try to do this all by yourself, but I doubt seriously if you are going to save yourself any money. Get another agent to "deal" for you!

The seller's agent has no obligation to be helpful to you. His/her fiduciary responsibility is to the seller, and any commission that will be paid has already been agreed to between the seller and this agent. I'm not from Albany county, but I would bet that a buyer agent's commission has been taken into consideration in the agreed to commissions.

Interview a few agents and find yourself a good match. Ask friends, relatives that have used agents in your area for a referral. An Accredited Buyer's Reprentative (ABR) would not be a bad idea.

Good Luck!

Stephanie Kelley, ABR, GRI, CRS
Keller Williams, Legacy
San Antonio
0 votes Thank Flag Link Mon May 31, 2010
No! Hire your own agent and he will deal with the seller's agent. Your agent should prequalify you and write a strong offer.
If the seller's agent is uncooperative, your agent can work around him by going to the agent's broker or local real estate agency.
Good Luck,
0 votes Thank Flag Link Mon May 31, 2010
Jan, consider the owner completely unaccessible until the agent puts you two together, if ever.

Placing a home on the market does not obligate the owner to deal directly with the public, regardless of how much information a person wants or how unhelpful their agent is.
0 votes Thank Flag Link Mon May 31, 2010
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