If this is in Manhattan, and I see from the zip cond you are using it is, according to the Real Estate Board of New York, you can bring a buyer's agent in at any point before there is a signed contract. The seller's agent should have had you sign an agency agreement form which says he is the seller's agent. You are entitled to a buyer's agent. The seller's agent will not like this, but it is your right. Do not let them tell you that it is dual agency if they represent you too; it is not. The seller's agent always represents the seller. Dual agency is when you are working with a buyer's agent who brings you to their own listing.
Make sure you use a skilled, experienced agent, as some finesse will be needed to deal with the other agent in this delicate situation. You also need someone who clearly understands the nuances of the agency disclosure laws, as this will come into play, and many agents are confused by it.
Halstead Property, LLC
All the best,
However, you are also entitled to work with whomever you choose. You may want to contact the agent's broker and tell them you would like separate representation and do not feel comfortable working with the listing agent, as his first priority is to the seller.
Best of luck,
Rachel LaMar, J.D.
LaMar Real Estate, Inc.
There is no animosity involved as to being represented...its' about the money and the Listing Agent may not be obligated to pay your agent if you didn't introduce them into the picture before you saw the property.
hmmm - that is pretty hinky
Bond New York
I think the seller's broker can also be the buyer's broker, but I have no idea what this guy is. I only signed that piece of paper saying I know that he is the seller's broker. I signed nothing indicating that he represented me. The only thing I have done is make an offer. I have not even heard a counter-offer yet.
If I call him and just tell him the truth about all of this, because of course that is what I would want to do -- operating in good faith and all -- do you think I will still have put myself in too much of a weakened position?
One option to avoid stepping on a multitude of toes is to tell him/ her that you would like a buyer's agent from their same company since you feel that you need representation.
SVP/ Associate Broker
Rutenberg Realty NYC
Unless you signed an agreement agreeing to have the seller's broker represent you, chances are you are under no obligation to use the seller's broker, however introducing another broker into the transaction after the fact, may prove to be complicated.
We as brokers like to work with someone who is loyal to us, and the business of the purchase is a harrowing trade, so I would have to advise that you should do what is most comfortable for you.
Have you finished your negotiations?
Do you want your other broker to complete the negotiations?
Were you not comfortable working with the first broker and representing yourself?
Did the broker explain to you the roles of agency and representation so that it was clear?
I would imagine you have more negotiations to do and that perhaps you just started on your own but now you want to have someone else in control.
I'm very curious!! It happens frequently, your situation.