Home Buying in 02494>Question Details

Realty Green…, Home Buyer in Needham Heights, MA

Realtor/agent change

Asked by Realty Greenhorn, Needham Heights, MA Tue Feb 26, 2013

Can I change my buyer realtor/agent when I want to re-present an offer after the initial offer has been rejected, if I feel they haven't presented my offer in the best light. Pls note that I don't have any contract with the realtor.

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I'm in agreement with Michael's line that if the agent that wrote your offer, made the appointment and showed you the house initially..they would have procuring cause to the sale...I'm not sure why you feel your offer wasnt presented well...however, if no offer still has been accepted, you can ask to revise it and have it presented again..Yes, there are many multiple offer situations happening right now and the outcome is not necessarily the agent..it can be the subject to's under special provisions, the amount of deposit you are putting down, dates that are written in and the like...If you feel you cannot talk with this realtor, you can try to contact the firm's office manager and have a discussion as the fee goes to the firm and then gets partially distributed to the agent unless owning their own brokerage firm. The manager may be able to step in and help with the offer depending upon the circumstances. Good Luck...
1 vote Thank Flag Link Tue Feb 26, 2013
Hi Asivaraman,

It can be argued that you can change anything.
However, changing your buyer agent may affect the amount of commission, to whom it is paid, and how much.
It is possible that a commission could be owed to more than one buyer agent if you switch.

Re-read everything you have signed.
Look for anything that binds you to the licensee.
Ask your legal advisor what their opinion is.
Make sure you inform your legal advisor of any emails, conversations, etc. that have to do with paying the buyer agent upon your purchase.

You may have signed a disclosure - because a licensee is supposed to present you one at your first meeting about a specific property.
A disclosure form is not a contract, and it will say that on the disclosure form.

Ask your legal advisor about being alienated by the licensee.
Your legal advisor will have their own advice.

Other ideas:

You can also ask to be present at the next offer presentation.
This does not happen very often though.
And you must understand that the presentation is not an opportuity to do anything other than hear how, and that, the offer is presented.
You will probably be asked to leave after the presentation and while the seller and their licensee discuss the offer.
Your initial attendance can be accepted or the seller may prefer to only have their licensee present the offer.

Also, I am giving you the benefit of the doubt that the licensee really did not present the offer well, rather than the offer containing provisions, contingencies, or terms that the owner chose not to accept or counter.
If your licensee has advice about how the offer might be improved, you might consider those ideas and discuss them with your legal advisor, too.

(Please note: when you choose an answer as a Best Answer, or at least give a thumbs up, it helps those who answer questions here.)
1 vote Thank Flag Link Tue Feb 26, 2013
My advice at first is to take a step back, remove the emotion from the situation, and try to take an objective look at the details of the first offer. There are many listings coming on the market these days that receive multiple offers. That means there is going to be one happy buyer and several others will walk away discouraged.
All that being said, you can absolutely change your buyer representation, as long as you don't have a signed buyer contract. Hopefully you've signed the state mandated "agency disclosure" form which outlines the relationship with your buyer agent. This form however does not obligate you to work with any one agent; it simply describes which agent is working on your behalf.
In this competitive market, it's important to feel comfortable with your agent, and confident that he/she is doing everything possible to advance your transaction. You will likely be met with some frustration and anger, but as a buyer in a very important transaction, you need to feel as though you did all that you could.
1 vote Thank Flag Link Tue Feb 26, 2013
The only problem as I see it is that your agent could make a claim that they are due a commission if you end up buying the property. The rule is referred to as "procurring cause" and as your agent has already submitted an offer on your behalf they could argue they are the procurring cause which would entitle them to a commission.

You can fire an agent at any time especially if you haven't signed a contract but you'd have to work something out with your new agent in terms of pay as they likely will not get any commission.

If you're looking for a new agent that specializes in Needham and puts your needs first, feel free to contact me.
1 vote Thank Flag Link Tue Feb 26, 2013
It was an interesting thread to read. Negotiation is an art and communication with your client is a responsibility. Hope you finally got the house you really wanted.
0 votes Thank Flag Link Fri Mar 20, 2015
If I were a seller and had two different offers from the same person with different realtors I may think this person is difficult or sneaky and not accept their offer.

If you go through the listing agent and your realtor finds out even if not in contract you could wind up paying a commission.

I know you want the house. They also want the best price. Good luck.
0 votes Thank Flag Link Thu Feb 28, 2013
If you haven't signed a buyer brokers agreement you can certainly go to any agent you like. Personally my guess is your offer was rejected because it was too low or you were making other requests that he Seller wasn't interested in agreeing to and not because your offer wasn't presented in the best light.

Personally I believe you're wasting your time unless our prepared to raise your offer and I certainly wouldn't have any desire to get involved and any experienced agent is likely to feel the same way. You need to stop pretending you know more than your Realtor. You need to find an experienced broker have the show you the market data and understand that this is the same data any reasonable seller will be looking at when considering offers, If your offer isn't in the range or what the market is bearing , then you're wasting everyone's time.

You also need to realize that we're just entering spring market and that this is prime selling season, there no reason for Sellers who have good properties to bother with anyone bottom fishing.
0 votes Thank Flag Link Wed Feb 27, 2013
Because the buyer did not want to accept your low offer you want to change agents? Or were there other terms that were not acceptable to the seller, such as closing date, mortgage amount, no pre qualification, long inspection time and time to sign the purchase and sales agreement.

Did you receive a counter offer? In our immediate markets it is not uncommon not to receive a counter if the property just came on the market or that the offering price is low. As stated below it is a very competitive market place.

That said can you change brokers yes. Will your new broker be compensated most likely not, because you are not going to want to pay them, and from the sellers side they would not be the procurring cause, as it is not your agent that broke the continued chain of events, it would be you, unless time passes the agent does not keep in touch with you, there is a price change and they do not notify you.

My recommendation is if you like the house, buy it and pay for it. This will allow you to do your due deligence and see if there are truly any issues to be concerned about, a few thousand dollars in this market with these interest rates is not one of them.

0 votes Thank Flag Link Wed Feb 27, 2013
Same offer? Have you found an agent willing to do this?
0 votes Thank Flag Link Tue Feb 26, 2013
I agree with Debbie wholeheartedly. What she says carries much wisdom and experience. If you are not under a buyer contract with an agent, you should not be liable to pay a commission. It's the seller's broker who pays out the commission. If you decide to switch brokers mid-stream (minus a buyers' broker contract) it would be between the two brokerage houses to determine and battle out who gets the commission.

What has been said earlier about procurring cause has much merit. But there are many factors in procurring cause and an important one of them is whether there was a break in the transaction. In some cases it has been ruled that a buyer chosing to fire an agent is a legitimate break in the transaction. If a buyer decides he is not best represented by one agent and switches to another, that fact can affect procurring cause. After all, it's the consumer who is supposed to be protected. But again, that is between the two brokerage houses, not you, assuming you have not signed a buyer's representation contract. Sometimes brokerage houses decide to split the commission or pay a referral fee to the first agent who was essentially "fired" by the buyer. However, it may be difficult to find another buyer agent who would be willing to risk the fight. Nobody cares to work for free.

As long as you don't have a signed buyer's agent contract with the first agent, you may not be liable to pay a commission. The seller will have to pay the commission and the agents will have to battle it out as to who gets paid. However, keep in mind, a lawyer familiar with contract law is the best person to consult. Those of us here answering your question are Realtors, not lawyers, and are giving you our best opinion based on practice.
0 votes Thank Flag Link Tue Feb 26, 2013
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