I have been in this situation several times. I have showed my listings to people, who then go out and get their own agent because they want their own representation. The broker I used to work for would tell me to let the deal close and then go after the full commission from the other agent at an arbitration hearing, which, in my opinion, is not the right thing to do. The right thing here is to talk to the listing agent and explain that you would like to seek representation from another agent because you are not comfortable in a dual agency situation or being unrepresented. That agent should understand and respect that decision and not give you or the other agent any hassle, as that would be jeopardizing her clients by taking the risk that you may not buy the home, so you can tell a lot about that agent when this situation arises.

Anyway, as a consumer, we can not expect that you would know or understand all the rules we have to follow, that is why we are required to give you the Consumer Guide to Agency at first contact with you and explain what type of relationships exist between consumer and agent. As long as that agent is responding to a sign call to show you a home that he/she has listed, they are working for the seller, doing what the seller hired them to do - show and sell the property. Being the first time you come into contact with an agent at that showing, I do not believe that is the time for you to choose who your agent is, especially if that is the first time you have seen the consumer guide to agency relationships in Ohio.

Anyway, get your own agent if you want, or buy it through the listing agent, but remember, if you use the listing agent, you will not have 100% of the representation available to you.

Good luck.

JR, hahahahaha, how about when they don't notice that this ? is a year old!!!!!!! Too funny!

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I know, a lot of old threads seem to be being revived. :)

well then maybe it shouldn't still be on here in a current list asking people for answers.


HOW RUDE OF YOU AKRON AND JR

LOL I hate it when the mavens get inolved. :)

L:

If dual agency representation bothers you, you do not have to allow the listing agent to represent you.

Here is a copy of an agency disclosure. Read the 2nd page regarding consent to dual agency in the last section. It clearly states you do not have to consent to dual agency and are welcome to use another agent.

it is my understanding that if she is the one that showed you the house, then she is intitled to the commission.

if she shows you several homes and then you choose to buy another home that someone else showed you, then she is not entitled to anything. unless you signed one of those papers stating you would work only with her exclusively and it is within the dates signed.

L., there is no question but that it is a conflict of interest for the listing agent to facilitate your purchase of the home listed by her. She has likely agreed to getting the sellers the "best possible price". Get your own representation if you want the home that she has listed.
With respect to getting another agent to show you alternative properties, this is your choice. It could be, after viewing properties with agent "b", that you prefer your initial real estate agent for properties that you were (or will be) shown outside of the property listed by her.
Your best bet, in order to avoid a situation like this in the future, is to avoid calling on signs. Get yourself set up with representation without contacting an agent working for the seller.

The listing agent should have had you sign an Ohio required form for consumers. It explained agency in Ohio and spells out sellers agent, buyers agent and dual agent. It is your choice to be represented by a buyers agent if you prefer. But did you sign an exclusive buyers agreement with the listing agent? If so, they are entitled to a commission no matter who you use and at the least the listing agent can claim procuring cause in Ohio to claim all or a percentage of the commission since she showed you that home as well as others. Explain everything to the other agent and let them work it out, I have had this happen to me and reached a mutual solution. The main thing is to find you a home you love and to sell the home for the sellers that want to move. That is why we are Realtors in the first place, to satisfy our clients.

Truthfully, in my opinion, it is very difficult for an agent to represent both the seller and the buyer in a transaction. Since the agent has to be completely neutural for both sides, neither party gets the representation for which they esssentially pay. Many agents will tell you different because they want both sides of the deal. I suggest finding a wonderful agent who will represent only your side in the transaction. You will need her advice, honesty, loyalty and representation with one of the most important financial desicions in your life.