You can use any agent you wish to. It would be important to write a note to the new agent advising him or her of your previous attempts concerning this particular property or properties and that you are no longer working with or considering the previous agent as your agent. This will clear the air in case of any conflict, especially if your successful offer is similar to previously submitted.

Dennis Kroll

Cappucio ... Interesting question about whether you would want to switch and use another agent. Did the prior agent cause you to disconnect with her or him? Did that agent maintain good contact with you? Did the prior agent help you in a positive way? Did that agent do his or her job to move your positions forward? Those are questions for you to decide. If you signed a buyer broker contract, you would be bound by its terms. If not, and if you want to change agents, please contact the prior agent in writing and inform accordingly. Then move on to hire a different Realtor agent and establish a good relationship.

If you are interested to sell your property and make a move, please contact us. We are here to help and serve as Realtor agents for those who want the finest representation.

Harrison K. Long
Realtor and Broker
Coldwell Banker Previews, Irvine, CA
949-854-7747
Check out the best web site for Southern California home searching http://www.BuyersExploreHomes.com

Capp,

Leaving the Realtor issue aside for the moment, a buyer and a seller determine the ultimate price for any property. If the buyer wants to buy at a certain price and the seller wants to sell at that price, then there's a deal and that's called "market value". If a buyer and a seller cannot come to agreement on price and/or terms, no deal exists and both parties need to move on. Realtors advise and consult clients with the professional experience and knowledge of the market. No Realtor can ever force the hand of a buyer or seller to offer or accept any price or terms.

Having said that, with your excellent FICO, a great downpayment and fantastic DTI, there are plenty of homes for you to choose from and those sellers would love to have an offer from you. You could be in escrow on a wonderful home by Monday.

Again, all of us want to see you in the home of your dreams, at the right price, and have a great home buying experience.

Cheers to you,

Thom Colby
Irvine, CA
2008 Chair, Pacific West AOR MLS Committe
2008 Member, SoCal MLS Board of Directors
2008 Member, SoCal MLS Technology Committee
2009 Member-elect, PWR Board of Directors
2009 Member-appointed, SoCal MLS Board of Directors

Cappucino,
You are completely correct in looking at the comps, just make sure they are neighborhood specific because some that show on the internet are over a mile away and would not be used by an appraiser.
An agency AD-1 form is not binding to any other home except the one you made the offer on, which still makes her procurring cause because it's included with the offer you made.
I like the suggestion about offering a referral fee from the other agent's response but you need to get any agreements in writing from the previous agent and broker plus a new agent to make it work.
Not to mention the sellers would need to accept an offer from you at what you want to pay!
Some sellers are just not motivated enough to negotiate in this market.
Good Luck

Thank you everyone for your very informative answers. The original form that we signed in May '07 is entitled "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD, Revised 4/06). It does not state a time period or the address of the listed property. For how long are these normally valid? Since there's no expiration date on it, is it valid until we formally terminate it in writing? We assumed that, even though we did not sign a new agent contract on this property, the fact that she wrote up the offer for us made her legally our agent. We decided to part ways because after we had looked at the price-per-square-foot on this house and comps, we told her we didn't want to come up to the sellers' counter offer. She said we need to "take her advice 100% and not do our own research and analysis" as it is too stressful on her. That's when we decided we need to change realtors.

Laura and Thom - it seems the reason our offer was not accepted is because the sellers are still hoping for a 2006-2007 price. The current listing price is $50k-$65k higher than the current comps. The sellers also asked for a shorter than 17-day contingency period, which we wouldn't agree to. Our realtor told us we are "gold" with our FICOs in the 800's, no debt and 25% down payment, but that doesn't mean we want to pay more for a house than it may be worth, especially when there are so many similar on the market for less.

Hello Cappucino,
More than likely the reason your offer was not accepted the first time was "Sellers weren't ready
to face the reality of this market. or your offer was much lower than they expected to get" and they are probably now more realistic since it's still on the market.
Since you already made a written offer with that agent for this home, she is procurring cause so save yourself some trouble and use her again or talk to her broker/manager if you have issues with her and they may refer you to another agent in that office...your contract is actually with the broker her license is held under such as Prudential, Century 21, Tarbell etc. (unless she is the licensing broker).

If you have signed a "Buyer Broker Agreement" it has a date of expiration, and if it hasn't expired ask her for a signed release (won't get you out of Procurring Cause issue above.. the previous offer shows she was agent but you can make offers on other homes). The other thing people mistake the "Agency" as a buyer broker agreement which only applies to that specific purchase transaction and states who is representing whom and is still proof of her being procurring cause.

If you try to make another offer on this home with another agent or by yourself, that agent could be awarded commission and you would have to pay it yourself.
Can I ask why the offers were rejected? Was it price, terms or a higher offer?

Good Luck,
Laura

Tom Colby Said

~~~~~~~"Another alternative is to ask any new agent to give a referral fee to your former agent. Best of luck"

Great point. Great Idea. Sign of a GREAT REALTOR!!!! What for the thumbs up comming your way!!!!

Good Luck

Gary De Pury
Broker-Owner
Bay Vista Realty & Investments, Inc.
Chairman, Communications Committee
Greater Tampa Association of REALTORS®
Director, Florida Association of REALTORS®

Remember ladies and everyone...showing a property is not Procuring cause. It is one of the lease understood issues in our ethics system and I have had the displeasure of tossing way too many cases out of Grievance when someone filed a "Procuring Cause" case.

In order to get a panel to award a procuring cause award, the REALTOR must demonstrate

"a series of events which, without break in their continuity, result in the accomplishment of the prime
object." which is usually the sale of a home.

So remember, we are talking about two different things here. The Buyer and Broker agreement is between those two parties and not the subject of a P.C. panel. It could go straight to court.

The REALTOR could both sue the buyer for the Brokerage Agreement while at the same time go to a Grievance committee against the listing broker and claim PC. While it would be greedy and a horrible thing to do, it could happen.

Again, get a release signed by the ....."BROKER" not if you can't reach the agent....ONLY THE BROKER can release you because only the BROKER can sue you.

http://www.gbreb.com/gbar/membership/ethics/pdfs/Procuring%2…

Good Luck

Gary De Pury
Broker-Owner
Bay Vista Realty & Investments, Inc.
Chairman, Communications Committee
Greater Tampa Association of REALTORS®
Director, Florida Association of REALTORS®

First, why was the offer you made through your agent not accepted? That's important because if it was because of price or other terms, that won't change with or without that agent. Is there a way you could continue using her with your next offer on the property you want? I'm not defending her, but, she would certainly be validated as the "procuring cause" and her Broker would be due the Buyer's Side Commission. I point this out only because you likely won't get a better price by not using her. My .02 is try to use her if you really want this property. If you are moving onto properties she has never been involved with, that's a different story. Make sure you inform any future Agent you may use for an offer on that particular property that you had already made an offer through another agent because the new agent will likely not be paid or will have to give up the commission after closing. Another alternative is to ask any new agent to give a referral fee to your former agent. Best of luck!

Cappuccio, You mentioned you have both agreed verbally to go your separate ways. Even though you signed the contract in May '07, I would ask her for a release from the contract...in writing...to be sure. If you can't reach the agent you should contact her office broker. Also, read your existing agreement you signed her to be sure of the time period that is covered and what specifics are mentioned about properties she showed you. Because as "options real estate" answered below, she could be considered procuring cause - even though the offer was not accepted, she did show you the property and write a contract on that property. If all you are saving by writing up the third offer is the commission amount, that could be an issue. To back peddle here, check to be sure what you signed is a Buyer Agency Agreement Contract and NOT and Agency Disclosure Form. Let me know. Thanks, Cynthia

And a good opinion, regardless how much Options Realty and I disagree on many things; she is right about the procuring cause.

But, here is the other issue, depending on what you signed and what length of time it is for, the broker could sue you in court to collect a commission. What you MUST get is a release from the "BROKER" not the agent, but "BROKER" of the company specifying that document that you signed is no longer in effect.

There was a case in Tampa where a Century 21 agent successfully sues a client for commission when the house sold. Century 21 didn't sell the house; the client had fired them, but didn't get the proper release.

Good Luck

Gary De Pury
Broker-Owner
Bay Vista Realty & Investments, Inc.
Chairman, Communications Committee
Greater Tampa Association of REALTORS®
Director, Florida Association of REALTORS®


O.R. Put thumbs down about…| here

I'd make sure that your original agreement is voided, with intials of all parties. If you return to the property without her, she may well have rights to the commission, as she could be considered "procuring cause"- but it's subjective, and the battle will be between herself, and the listing company. That she didn't secure the property for you is in your favor; if it gets secured because it is absent her fee, she will have a reasonable case for pursuing her commission- just an opinion.