Home Buying in Richmond>Question Details

Leah Dilley, Other/Just Looking in Oklahoma City, OK

We wanted one agent, my mother wanted another agent and looked at a house with number two? Are we bound to number two now?

Asked by Leah Dilley, Oklahoma City, OK Mon Jun 3, 2013

My husband and I are moving from out of state. My mother has been looking at homes for us, as we can't get there in person to see them right at this moment. We had been speaking with and working with a real estate agent of our choosing. My mother knew a different agent and called her on her own, with no encouragement from us. We found a home that we were interested in. I asked my mother to call our agent, Jane. My mother claims that she tried to call Jane, but Jane didn't answer. Instead, my mother called the agent she knew, Suzanne. Suzanne showed my mother the house, and a second house. My husband called Jane today, who said that she had made an appointment with my mother to see the house, but my mother cancelled and went with Suzanne instead. We never personally saw the house with Suzanne. Our we bound to purchase through her, instead of Jane? We don't want to do this, because we already had a working relationship with Jane.

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If your mother signed the buyer broker agreement in her name, no, you r free and clear...if you are going to be purchasing the home in your name, simply meet with the realtor of your choice, and sign a buyer broker agreement with them...you may work with whoever you wish in the purchase of your home....
1 vote Thank Flag Link Mon Jun 3, 2013
Dear Leah,
Do yourself and your Realtor(Jane), a favor and sign an exclusive Broker/Buyer Agreement with her/him. The beauty of this agreement is that it will settle once and for all, who's client you (The actual buyer) is. I love this document for just this reason. I think its commendable that you are loyal to your Realtor and I'm sure Jane will be happy too. Your Mom should call, Suzanne and explain the situation as well.
0 votes Thank Flag Link Tue Jun 4, 2013
Leah,

You are free to work with whomever you choose at this point. The fact that an agent (Suzanne) showed properties to your mother, does not constitute procuring cause for that agent should you purchase one of those properties. If the agent (Suzanne) showed the properties personally to you, then that would of course be a different story. If you signed a exclusive buyer's agreement with Suzanne, allowing your mother to be shown properties, this would also change things. If your mother signed one, then it's between your mother and the agent - not you.

Whether or not it is "fair" to Suzanne is arguable. One could argue that it would be "fair" to Suzanne to get paid the commission - since she did a lot of work already. On the other hand, a lot of agents would never agree to spend time showing properties to a "3rd party" on behalf of the actual buyer, for this very reason.

The bottom line is you are not obligated to any one agent here, and are free to work with the agent of your choosing.

Hope that helps!
0 votes Thank Flag Link Tue Jun 4, 2013
Well if Suzanne is showing properties to your mom it would not be fair, maybe Suzanne and Jane agree on working together to help your family.
0 votes Thank Flag Link Tue Jun 4, 2013
Does your mother has signed a Buyer Agreement with Suzanne?
Maybe Suzanne and Jane can work together to help your family on this purchase!
My Cell is 804 683-5124. I'll be glad to answer your questions. Jackie
0 votes Thank Flag Link Tue Jun 4, 2013
Hi Leah:

I agree with the others. You are not bound by the actions of other people, including close relatives like your mother.

However, I would suggest this might be a good time to sit down and have a long chat with your mother. She is well-intentioned, but like a lot of moms and dads, she seems to be having a little trouble letting go. I would assure her that you will always love her and value her advice. But gently note that you plan to make your own decisions from now on and you expect her to respect the fact that you the strong and capable adult she raised you to be.

(Please don't call me Dear Abby!)

Best,
Ron
0 votes Thank Flag Link Mon Jun 3, 2013
I agree with what has been said. As long as you have not seen the homes with Suzanne you are good to go. Call Jane, sign an Agency Agreement and go see the house with her.
0 votes Thank Flag Link Mon Jun 3, 2013
You are not bound to go with your mother's agent. If you have not already done so, sign the buyer's representation form with your agent. As your agent, ask Jane to go the home of your choice, preview it for you. She may send you additional pictures, etc. Explain to your mother that your agent is Jane.

Happy house hunting,
Carolyn
0 votes Thank Flag Link Mon Jun 3, 2013
Jane is your agent. Your mother overstepped in her impatience. She should have disclosed to her friend you already had an agent and not have used her to preview homes.
0 votes Thank Flag Link Mon Jun 3, 2013
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