Home Buying in 80203>Question Details

Anon, Other/Just Looking in 80203

Realtor Relation Question

Asked by Anon, 80203 Mon Aug 26, 2013

Hello,
So my husband and I have had issues with a Realtor that has been extremely pushy with trying to get us into a neighborhood we don't want and a price point that is way out of our budget.
Our last meeting with her did not end well, however, we did do some showings with her assistant who has been absolutely wonderful.
We did find a house that we are wanting to put in an offer on with the assistant, but I am worried about since this Realtor's assistant did show us this house first that we are going to have to go through her boss to put in an offer.
We have not signed any buyer's agreements with her at all, and we know that if we put the offer in through her assistant that her assistant will not get any of the commission. Mostly we have been thinking of putting in the offer through another Realtor, but I am afraid if there are going to be repercussions if she finds out that we did put in another offer with another Realtor.
Does anyone have any advice?

Thanks!

Help the community by answering this question:

Answers

31
BEST ANSWER
The only issues that should go with the house that the assistant showed you, would be how much of the commission is owed to the Realtor (ie: procuring cause)... but as others have pointed out, since you have not signed an exclusive buyer's agreement... it shouldn't impact you.

Hire a new Realtor, and make sure you let them know all of the circumstances surrounding this sale, so they can make a "back room" deal with the agent and her office, as to how much she will (or will not) be paid.

If you'd like, you can try to make life a little easier on yourself, and contact the managing broker of her office, and ask to be assigned to a different agent. Tell the managing broker your story, and explain that you don't have any confidence in this agent. You, as the buyer, have the right to work with whomever you choose. The broker can figure out who gets paid and how much.

Good luck.
1 vote Thank Flag Link Mon Aug 26, 2013
If she's the owner's daughter... you'll probably do better to go outside the agency, and hire someone new. Tell them about the situation, and they'll work out the internal details... the shouldn't affect you.
Flag Tue Aug 27, 2013
Unfortunately, this Realtor is the daughter of one of the owner's and she only has one assistant. So it really makes it an uncomfortable situation, and we would just rather find someone new.
Flag Mon Aug 26, 2013
Alan May, Real Estate Pro in 60201
MVP'08
Contact
Hi -- any "realtor" who isn't listening to what YOU want doesn't deserve to be your realtor ... period. Plus, her assistant is showing you homes? Seriously, this sounds like someone with a massive ego problem. You should NOT BE NERVOUS about contacting the person who is working for you!!!! This woman doesn't get paid until you buy and CLOSE a home on your terms, your neighborhood and your price range.

You should fire her immediately and find someone who is willing to work for you!!!!

Julie Montgomery, RE/MAX Alliance, Greenwood Village, CO
http://www.jmontgomery.com
Web Reference: http://www.jmontgomery.com
2 votes Thank Flag Link Mon Aug 26, 2013
Yes, I would agree with the massive ego problem. I did not like her from our first meeting because she bragged to us about her agency, the amount of awards she's won, etc. My husband decided to stick with her since we were referred to her, but he now regrets that decision. We're just trying to figure out how to cleanly break it off since the referral is a pretty close relationship to my husband.
Flag Mon Aug 26, 2013
Your situation in regard this house that you like, an agent that you do not like, her assistant who showed you this house and the possibility of asking a new agent to write an offer is complex. Those who say you can walk away with no repercussions are out of touch with reality.

Procuring cause is irrelevant to you but of importance to your existing agent, her assistant and any other agent that you might involve in this affair. Bringing in a new agent who is not aware of the whole picture may involve that agent in a future fight over commission for the sale. How would this affect you? You would likely be asked to testify on behalf of one side or the other in the anticipated grievance and/or arbitration hearing. I am sure that would make you feel very uncomfortable.

By the way, the assistant is being paid to be an assistant, so she does get paid if you buy the house. (By the way…if the assistant is not licensed, that puts a whole new layer of difficulty on your problem.)

Alan May hit it on the head. (He has a way of doing that.) You should discuss this matter with the agent’s broker/manager as soon as possible. State your desire to divorce yourself from any relationship with this agent but realize that you have been shown a house that you want by her team and realize that her team is probably owed compensation if you buy this house. The broker/manager will want the purchase to go through but will want you to be happy, also.

If the purchase of this house does not go through, find a new agent.

One more “buy the way”…I am a California agent so laws and customs may be different in Colorado.
1 vote Thank Flag Link Mon Aug 26, 2013
Procuring cause is a complicated issue... and merely having another agent show the property does not, in and of itself, break the chain of events leading to a sale.

Regardless, that shouldn't impact the buyer... that's an issue between the selling agency and the buyer's agency. They can settle that between themselves, still allowing the buyer to purchase the property.
1 vote Thank Flag Link Mon Aug 26, 2013
Alan May, Real Estate Pro in 60201
MVP'08
Contact
I hear what all of you are saying, that the buyer can "do whatever she wants" since she didn't sign an agreement. I will remind all of you that "agency" and "compensation" are NOT always related. She can go with whoever she wants but that won't stop the first agent/broker from filing a procuring cause claim against the second agent/broker. Agency (in this case, buyer agency) does not guarantee a commission for that agent. She is allowed to have any agent "represent" her but there is nothing that guarantees that her "new" agent will get paid. It's a sticky situation.

This is way more complicated than the buyers just "walking away" from their first agent.
1 vote Thank Flag Link Mon Aug 26, 2013
Well stated. The buyer may not be adversely affected, but hiring a new agent does nothing to settle the issue of procuring cause.
Flag Mon Aug 26, 2013
I would just like to let you know that if you have not signed an Exclusive Right-to-Buy agreement with this agent, you have no legal obligation to use her as your agent for any purchase you would like to make. I would call the managing broker to see if the assistant is licensed and if she is, you can absolutely sign that agreement with the assistant and make sure she gets all the commission.

If she is not licensed, I would highly recommend finding another agent to work with. A home is a huge purchase that should be guided by an agent who works with you and is helpful instead of a problem. Good luck!
0 votes Thank Flag Link Fri Feb 27, 2015
In my opinion, the move is to go to the managing broker and discuss the whole story. Work with them to make sure you get what you want. If your visit with the broker isn't productive, cut the tie with them and just move on to another company completely.
0 votes Thank Flag Link Fri Aug 29, 2014
You have no allegiance to this Realtor, if you are uncomfortable with her all you need do is tell her you no longer need her services and that you have enlisted the services of Realtor you are more comfortable with. Since she does not have a signed brokerage agreement with you and has not solicited an offer from you as yet, she obviously will not be the procuring cause of the offer you eventually write on any property you choose.
0 votes Thank Flag Link Fri Aug 29, 2014
Yes there will be issues since the Realtor did show you the property they are entitled to the commission on the sale of that property.
IF you are really unhappy it would be better for you to let the Realtor know you will no longer be using their services and begin with another agent and other property.
0 votes Thank Flag Link Thu Aug 28, 2014
Forgot to mention, if this purchase does not go through, I would hire another realtor with whom you're most compatible. This is too big of a purchase (and there's more to come once you're under contract) to work with someone who hasn't been there for you. Julie M.
Web Reference: http://www.jmontgomery.com
0 votes Thank Flag Link Sun Jan 19, 2014
Hi -- I'm sorry to hear about your realtor's lack of interest in actually helping you. Is her assistant licensed? She should be if she's showing your properties. If she's not licensed, she cannot write an offer. If she is, she's caught between and rock and a hard place because she works for the realtor. If you haven't signed a buyer's agent agreement you are not committed to this realtor, plus if she's never shown you the home, in theory, she should not receive a commission. It's called "crossing the threshold, and whoever shows you the home first should receive the commission." You could hire another realtor to write the offer, but could get "sticky." I would just call your realtor and talk to her about her concerns. Again, if the assistant is licensed, she may be be to help you.

Best wishes, Julie Montgomery, RE/MAX Masters. Inc., 303-906-3150
Web Reference: http://www.jmontgomery.com
0 votes Thank Flag Link Sun Jan 19, 2014
Dear dear..
It doesn't sound good.
There is a legal issue here, called "procuring cause" and it's likely the assistant and or the Realtor will be paid, because they brought the property to you. You can complete the transaction with the broker in the office if you cannot work with this person, and that might be your best course of action (less expensive in the long run then a court case and lawyers). The Licensed Broker is actually the one in charge in the office and you might find this person to be very professional and easy to work with.
Realty is the same as any other profession...sometimes you have "simpatico" and sometimes you just don't. It's one of the reasons I insist upon meeting with my clients for a long discussion before starting to work together.
0 votes Thank Flag Link Mon Jan 13, 2014
Procuring casue of the purcahase is the problem here. My recomendation is that you talk to the broker of both offices... explain the details and they may split the commission between the two. not really your concern what the split is you just do not want to be involved in a mediation to discover what happened and how... better to have things solved before the closing.
0 votes Thank Flag Link Mon Sep 23, 2013
Anon,

So sorry to hear of your dilemma with your agent. Agents should not be pushy when it comes to working with their clients. At this point you can go ahead and put the offer in with this agent or assistant if she is licensed. If you go to another agent now you still could have some issues with 'procuring cause'. Especially if this is a pushy agent. Once you write the offer and get it accepted, you won't have the same issues with the agent to deal with. I would suggest moving forward with her and get it done. The assistant gets paid by this agent and they have an agreement worked out. You don't need to concern yourself with that part of the issue.

Robert McGuire
Broker/Consultant
Your Castle Real Estate
http://about.me/robertmcguire33
0 votes Thank Flag Link Sat Aug 31, 2013
HI Anon:

If you have had a good experience with the assistant, I would suggest that your first step should be to talk to both the agent and assistant. You don't have blame the agent or otherwise create friction. It is fair to simply let the agent know that you seem to have clicked better with the assistant –– a personality thing. ( I am assuming this is a licensed assistant who can legally write a purchase contract for you.) My guess is that the agent will be understanding, especially if she is aware that your business will go elsewhere if you cannot come to an agreement that satisfies you. As for the commission,that is for the agent and assistant to work out between themselves.

Kind regards,
Ron Rovtart
0 votes Thank Flag Link Thu Aug 29, 2013
So long as you didn't sign an exclusivity agreement you should be able to switch!
0 votes Thank Flag Link Thu Aug 29, 2013
>>When another broker shows the property and then writes an offer, the chain is broken.

Not so. That does not automatically break the chain. There are other factors in play. The other broker showing the home does not/may not automatically break the chain. If so, people wouldn't file procuring cause complaints.
0 votes Thank Flag Link Mon Aug 26, 2013
sorry I forgot my email
Debbie@bluesagehomes.com
0 votes Thank Flag Link Mon Aug 26, 2013
As long as you have no written agency with this broker, you are free to use another.
Debbie Fickenscher, GRI, CNE, E Broker
0 votes Thank Flag Link Mon Aug 26, 2013
Procuring cause has nothing to do with the buyer - it's only between Realtors. More specifically, it has to do with the unbroken chain of events that cause a buyer to write an offer that gets accepted by a seller.

When another broker shows the property and then writes an offer, the chain is broken.
0 votes Thank Flag Link Mon Aug 26, 2013
Dear Anon (Anonymous?),

Boy, I think you're right to be cautious. I don't know what capacity the "Assistant" had when showing you property, but if she's a licensed Broker, she may very well have "Procuring Cause" for any property she showed. Depending on her formal relationship with her team leader, they may all be entitled to a commission. If you write an offer with a different agent, you may create a problem for the new agent and or the listing agent.

The only real solution is; notify everyone, including the relevant Employing Broker, that you're severing all relations with the Brokers involved and go find a totally different property. The Agency agreement is important, but it doesn't automatically create or eliminate "Procuring Cause".

Waiting until the Broker has found you the property you want, is the wrong time to determine you no longer want to work with them.

Best of Luck!
0 votes Thank Flag Link Mon Aug 26, 2013
It is hard because my husband has a pretty close relationship with the person that referred us to this Realtor, and the Realtor is a family member of the person that referred us to this person. I am not sure what to do because we don't want to cause any strains on the relationships between these people, but we just want to figure out what is the best way to get out of this and find someone else.
I looked up the assistant on REcolorado, and she is listed as a Realtor, so I am confused now. The Realtor told us that she would not get any commission if we were to close on a house since she was an assistant and not an agent....
Flag Mon Aug 26, 2013
Im in agreement with most of the opinions offered below. However uncomfortable it may be though, I highly encourage you to let the current broker, and her assistant, know why you would like to use someone else. There are so many brokers in Colorado and you likely can find one that better fits your needs. You do need to be up front with the next broker though and be honest about this situation. The "procuring cause" question could get a bit sticky. Best of luck!
0 votes Thank Flag Link Mon Aug 26, 2013
Realtors work for customers. Buying a house is an important decision and if you are unhappy with the service from the beginning, then it is time to find a new Realtor (even if you like the assistant, the Realtor is the one that will be writing contracts and negotiatin). You have not signed a Buyer's Agency, so find a Realtor that will listen to you and work for you. As a courtesy, you should provide the other Realtor with feedback on why you are not using her services. I appreciate feedback from my clients since it makes me a better Realtor.

Good luck with your home purchasing process.

Nina Kuhl
Cherry Creek Properties LLC
303-913-5858
0 votes Thank Flag Link Mon Aug 26, 2013
Dear Anon,

I am sorry that you are not having a great relationship with your agent! After spending so much time and effort in locating the perfect home, it is important to have a positive experience with your agent.
Your agent should have prepared a Buyers Agreement with you before you ever even looked at any homes and she does risk losing you to another agent.
My advice is to be very frank and truthful with your agent and tell her exactly how you are feeling. That way she has the opportunity to amend her behavior with you and get on the right track. Staying on budget is extremely important and make it clear what neighborhood you prefer.
If you do choose another Realtor, just be truthful with her, let her know and there will not be any repercussions, as you have the right to choose whom you do business with. And just remember, it is business!!
Best of luck and happiness in your new home,
Becky Ivy Moore
Ivy Real Estate Denver
beckyivymoore@gmail.com
0 votes Thank Flag Link Mon Aug 26, 2013
Greetings,

You can choose to write an offer with anyone you choose. Especially since you do not have an agency agreement with the first broker. If you did have an agreement you might owe two commissions.

If I were you, I would talk to the 2nd broker about showing you the property before making an offer.

Good luck.
0 votes Thank Flag Link Mon Aug 26, 2013
Maybe the law is different in Ohio, but there are NO repercussions if you change agents in Denver. Even if you had signed a Buyer's Agency Agreement, this woman has clearly breached her "fidicuiary duties" to you as her client. Also, I hope you know that hiring a realtor to "represent YOUR best interests" in Colorado is always free.

Julie Montgomery, RE/MAX Alliance, Greenwood Village
(303) 906-3150
0 votes Thank Flag Link Mon Aug 26, 2013
Since you're not under any sort of contract with that agent you should be able to walk away without any repercussions, especially since you'll sign an agreement with your new agent. Feel free to give me a call if you'd like any help or want to talk about the situation further. Thanks for posting!

Melissa Massey
Gold Real Estate LLC
720-443-1180
Colorado Real Estate Broker
0 votes Thank Flag Link Mon Aug 26, 2013
If you have not signed contracts, this is a bad mistake from your 1st realtor. You can now do as you please. In the future, I would always be very open if you are not happy. They work for you. Be very clear, and if they do not serve you in a way that pleases you, find someone else. There are MANY great realtors.

In your situation, I do not think the assistant can receive a commission, but again: ASK.

Hope this helps and congratulations on perhaps finding a home!
0 votes Thank Flag Link Mon Aug 26, 2013
Sorry you had to deal with someone in our profession that treated you like that.

One could say that you have a relationship with the agent because they showed you some property and the assistant showed you property. However that agreement requires the agent to act in good faith and to be your advocate, which has certainly not happened. Neither are they to steer you to a neighborhood or put pressure on you to pay a higher price. This would negate the relationship. Unfortunately I don't think you can use the assistant without using the realtor you don't like.

A clean break would be necessary, I would get another Realtor, have them show you the property, and sign an agreement with them, when you write the offer. You could also terminate the supposed agreement with the current realtor by sending an email letting them know you are going in another direction.

If you need any help with that, let me know. I love taking on Realtors who are act in a wrong way for their clients.

Of course I'm not a lawyer so I recommend legal counsel.

Daniel Herron
http://www.takerootcolorado.com
0 votes Thank Flag Link Mon Aug 26, 2013
Thanks! We are worried that we might get sued if we do go with another Realtor, so we might seek an attorney as well before we close to cover our butts.
Flag Mon Aug 26, 2013
If you go to another Realtor you are correct, there may be repercussions, since her assistant showed you the home. Why do you think her assistant wont' get any of the commission if you go through her?
0 votes Thank Flag Link Mon Aug 26, 2013
The Realtor told us when we were initially talking to her that her assistant would be available to us during evenings and weekends to show us houses, but if we were to make an offer on the house, the Realtor would end up with the commission and not her assistant.
Flag Mon Aug 26, 2013
Hi Anon - Since you have not signed a Buyers Agency agreement with the agent, you can put in an offer with any Realtor you like -- my first question would be, does the assistant have a license? And you can always go to the managing broker for advice on how to get the assistant her money.

Should that not work - I would be happy to assist you in purchasing your new home. There won't be any repercussions since there's no binding contract between you and your current agent.

Let me know if I can help you --

Rochelle Landau
Cherry Creek Properties LLC
303-502-4930
rlandau61@gmail.com
http://www.landau-properties.com
0 votes Thank Flag Link Mon Aug 26, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer