You may be able to resolve, your old agent may accept a referral fee from the new agent in compensation for their time.

Dear MDJET

You should of course consult an attorney, however, commission disputes are generally handled by a board of realtors not a court. 99% of the time, the person who first showed you the house will win in the event of a dispute. Other people are correct about the need for an agency contract, a consumer notice etc. However, if your agent works for a broker who is a member of the real estate board, then the outcome is very likely to be that person who first showed you the home will win. That however also depends upon the person filling a complaint. Nothing is automatic.
Others suggested you get the original agents broker involved. That way you will get better service and the experience of the broker of record or office manager.

If the situation is as explained by the consumer, the agent is not "entitled" to anything - *in my opinion* merely opening a door does not entitle any agent to a commission. Like anything else in life, it must be earned.

Procuring cause is not necessarily "who showed the home first."

No legal advice.

The agent who introduced you to that property is entitled for some compensation. The fact that he or she is not experienced may hurt you.
It would be nice and ethical if you contact this agent’s broker of record and explain the situation. You will get a different agent asigned to you from the same office who will represent you and the agent who introduced you to that property will get compensated too.
You may email me for a List of Questions to Ask a Real Estate Agent.
In the case like this I would consult with a Real Estate Attorney.

Regards,

Gene Fish, CRS, GREEN
Broker Associate,
RE/MAX Elite
1456 County Line Road,
Huntingdon Valley, PA 19006
(215) 962-0880 cell
gfish@remax.net

While having a buyer agency contract signed with you is helpful for the agent to make a claim against you, the bottom line is procuring cause. That is a complicated subject and totally one only an attorney can answer for you. You should consult with an attorney. An attorney will examine all of the facts relating to the situation and analyze with you whether or not there was procuring cause for that agent.

Make sure to inform your new agent, if you decide to get one, about the circumstances with you, this home and the other agent. The new agent should know that there may be a question down the line about who is owed commission.

Best wishes to you in this situation.

Kelly Gidzinski
Keystone Property Connections, LLC

The key is that you did not sign any agreement. If you had signed a buyer agency agreement you might be required to work with him or her.

The agent would have to 1) know you are buying it and 2) prove procuring cause.

No legal advice.