Bottom line..unless you have signed a contract to work exclusively with an individual selling agent you are free to purchase property from anyone you elect.

The issues of procuring cause, professiional fees, ethics, etc. are strictly between the agents and their brokers.

As always, an attorney's advice may be valuable.

Thanks for all the answers...they are very usefull. Bottom line is that the agent became quite aggressive when we wanted to put in an offer...even refusing to place the bid unless it was at asking price. She wanted us to sign an agreeement stating that we would owe her the broker comission if the seller did not pay her the full 3%. I have sold and bought many homes in a few states and this is the first time a broker has crossed the line. In these economically difficult times, we all want to be paid for our work but we must all be ethical about how we attain that payment. As an agent of a firm, it is up to the firm to negotiate the terms of payment.

Sarah,

I'm sorry to confuse you. David is right in the fact that the other agent could have procuring cause, but there are exceptions. According to Seth Weismann, a leading real estate attorney in GA, there are as many reasons an agent may not have procuring cause as there are reasons they may. How long did they work with you? Are there reasons they failed in their duty to you causing you to seek the help of another agent/broker? Etc. It just isn't as clear cut as some may think. One way you may be able to make all parties happy is for your new agent to provide a referral fee (part of the commission earned) to your first agent. In the end, you want to use an agent of your choice. If you don't feel represented, you have a right to change. Since they did show you the house first, this may be a way to make everyone satisfied. Always be honest about your feelings!

Best of luck in your search. Let me know if you have any other questions.

Have a great weekend!

Sherry

slow down folks.. a buyer brokerage agreement doesn't guarantee "procuring cause" neither does not having one eliminate it. If the agent who showed these people the house can prove she/he was the procuring cause of the sale, they are owed a commission regardless of an agreement. There is such a thing as an implied agreement and it will hold up in court. do the right thing Sarah and you'll sleep better at night!

HI Sarah,

The other agents have answered your question correctly. If you can't work things out with your original agent, you are entitled to work with someone else. The best thing to do is to make sure the first agent knows why you were unhappy with his/her service so they can improve.

Now you want to make sure you are using the right agent- one that listens to and puts your needs first and one that negotiates well. Things are picking up and we are seeing more multiple offers now. Whether you are in that situation or not, you want someone that knows contracts well, negotiates well on your behalf and pays attention to the details to get you to close. There is a lot more to closing a deal now than just writing a contract. If you'd like to talk more, don't hesitate to call me. We are the #2 team in forsyth now. Maria specializes in buyers needs and we have another buyer's agent as well. We'd be happy to talk with you or to meet with you. Call anytime!

Sherry Ajluni 678-283-1710
Maria Livingston 678-548-5513 http://www.sherryandmariateam.com

Legal problems no, Ethical.......

Sarah,
Since their was no Buyer Brokerage agreement signed, then you should have no legal problems with purchasing the home with another agent. Hope that helps and Good Luck!

Katy Foltz
Keller Williams Realty Community Partners
678 860 2220 http://www.FrontPorchDream.com