Home Buying in Rochester>Question Details

Nancy, Home Buyer in Rochester, NY

can a buyer speak directly to the seller's listing agent even though they have a real estate agent representing them?

Asked by Nancy, Rochester, NY Wed Apr 27, 2011

Involved in a short sale purchase and need answers as to the status of bank approval, repairs required by my mortgage lender (FHA), and feel like I'm playing the "Gossip Game" by going through several people. Would like to speak with selling agent directly. Is this ethical?

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You can speak to anyone you wish to. If you need answers and agents are getting in the way of progress ... go where you can to find them.

It is always good when people open up to each other. As a Buyer you are not bound to the ethic rules that the agents are. The selling agent has the right to speak with you at your request, however, he/she may not want to without the permission of the Buying Agent.

Remember that the Selling agent represents the Seller's interest and most likely does not in any way represent you and your needs.

If it were me, I would have a heart to heart talk with your agent, explain that you are not happy with the way things are going and would he/she 'step up to the platform'.

Know that short sales are very, very long sales and no matter what you do and what your agent does, or even what the selling agent does ... you are at the full mercy of the SELLING Bank. That is why you got the Short Sale in the beginning -- nothing is FREE. So be patient with your lending institution, your agent and yourself.
2 votes Thank Flag Link Thu May 10, 2012
nancy is my friend
Flag Fri Apr 29, 2016
my agent represents her interests...
Flag Wed Dec 9, 2015
OMG - so simple yet so profound at the same time!!!
Flag Thu Jan 22, 2015
Since you have an agent, discuss all issues with him/her; if the chat is unsatisfactory to you, contact your agent's broker owner and or office manager and express your concerns; the listing agent can't really tell you anything--when it comes to short sales, keep in mind they are not by any means fast sales, and oftentimes many days will pass without any new information from the lender.
1 vote Thank Flag Link Thu Apr 28, 2011

If serious about this transaction, you would be well advised to let your agent take the lead and stay out of it. Understand that the normal "short sale" experience is one that finds buyers, sellers, and agents in the dark for long periods of time.

The fact that you want and deserve information will likely not change the lender's approach of speed up the transaction. If you are intent upon helping with your transaction, taking the position of being patient may be the best approach.

It has been our experience and that of other agents that when buyers and sellers interact on a transaction only bad things result.

The decision is always yours but its not advised.

Good luck,

1 vote Thank Flag Link Thu Apr 28, 2011
Hi Nancy, corroberating Lenee's answer. As a buyer rep I have been in similar situations, thinking I'm getting the runaround from the sellers' agent. I have had good experiences after requesting a conference with the seller, sellers' agent, my buyer and myself. We were always able to iron out questions and/or misunderstandings. Luckily we were able to sit around a table and did not have to rely on a conference call. Good luck with your progress. Doris Turner, OK Realty, Inc. Bisbee Arizona
1 vote Thank Flag Link Thu Apr 28, 2011
It isn't technically unethical, but it can be very awkward and uncomfortable for the listing agent as he/she will probably not want to have conversations with you without the presence of your realtor. Your best best is to schedule a conference call with your realtor and the listing agent... this way you are hearing everything firsthand and can ask all your question directly. You could also meet with your realtor and a call the listing agent on speaker phone. I would go that route to avoid any conflict.
1 vote Thank Flag Link Wed Apr 27, 2011
0 votes Thank Flag Link Thu Feb 25, 2016
0 votes Thank Flag Link Wed Feb 24, 2016
First, there is no "code of ethics" for buyers. As a Realtor, we are obligated to follow our code of ethics, a set of rules we agree to as Realtors. As a buyer, I suggest you get your agent to do their job clearly and concisely. Chances are you aren’t getting updates because they aren’t either.
Buying a short sale is difficult. The waiting is awful and there can be extended periods of no news which is frustrating for all involved. Bypassing your agent to find out that the listing agent has no news won't fix this and can create complications for you that your agent is there to help you avoid.
As far as the repairs go, the seller may have started them or be waiting to find out if the lender will approve the sale. The seller receives nothing in a short sale. If they have agreed to complete repairs then they may wait to know for certain it's going through. Should they do the work at their own expense and you grow tired of waiting, their time and money is gone.
0 votes Thank Flag Link Thu Apr 28, 2011
I agree with Lenee. You obviously need clearer answers to your questions and I would strongly suggest you engage your Realtor and yourself in conference phone calls or personal conversations with the listing agent.
Best of luck!
Andrea Martin
Engel & Voelkers
Santa Monica, CA
0 votes Thank Flag Link Wed Apr 27, 2011
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Flag Sun Nov 3, 2013
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