Some good answers to a tough question that often seems to not only circle around Dual Agency, Buyers calling the Listing Agent directly, whether out of independance or not wanting to bother their agent in case the home is not worth their drive, but usually due to the buyers lack of understanding how our fragile realtor environment functions.
This is also very common in new construction sales.
One after the next I hear of people wanting to use an agent to buy a home, but are reluctant to bring the agent to the sales center - WHY!?!? Sales centers will pay them a commission. If you don't, the buyer will not benefit, without representation, and the developer will usually not reduce their price by the commission amount either.

Solution is on us fellow Realtors: educate your people before you part with them. Sign Buyer agency agreements to reinforce the mental commitment, let them know: The agent that shows you the home may become your agent...I would love to continue to work with you...please write down phone numbers of homes you see, but pass them on to me.

This is not full proof - I had a client that double crossed me 2x and I knew better but still took the chance. After our 4th meeting, and over 30 homes, my last words to her were - please bring me with you. Next day - she bought a home in a sales center - "her dad made her". Whats worse, the public feels you will jeoperdize the deal if you talk to the sales center and ask for a fee. You know something - it may not be worth the negative effort, but it will not hurt to ask.

Best of luck to you all...

So you called the listing agent and asked him to show you a home he had listed....taking time away from his other responibilites. You like the house, so you are going to hand it over to yet another Realtor to write up a contract and make a nice commission on the other Realtor's work?

This is percisely why I will not show one of my listings to a prospective buyer if they do not sign a buyer-broker agreement with me. I know I will get grief from other Realtors, but we work soley on commission, gas is expensive & time is valuable. I am curious as to why you did not call your Realtor to show you the home? The good news is, you owe the listing agent othing. But your Realtor should thank him profusely.

If you did not sign a dual agency agreement before you went into the house with the listing agent, not only should you not be bound to that agent, but if that agent is thinking you are his client he is in violation for not disclosing dual agency or for not following proper procedure. All you have to do is tell him you are not comfortable with dual agency and that you would like to get your own representation. He can not and should not claim procurring cause. At least that is how it would be in Louisiana???

Ana:

I have read the first three responses. Let me add that I practice Real Estate here in Southern California. I have had times where I, as the listing agent, have shown my listing to a potential buyer and they have chose to use another agent to write up the offer. Having that happen does hurt BUT my fiduciary,(person standing in a special relationship of trust, confidence, or responsibility to another), is with the person selling their home. Period. I feel we as Realtors must put the best interest of our clients before ours. Therefore the listing agent should work with the buyer’s chosen agent even if the listing agent showed the property first. Again, my opinion.

If you have not established a written agency agreement with the first agent or led him to believe that you would be working with him, you can choose any agent you want to represent you. The agent you choose should work things out with the original agent and come to an amenable agreement with him/her about commission and representation. The original agent has control of the commission, which is paid by the seller to the listing agent, but a seasoned buyer agent can work things out on your behalf. Make sure your agency agreements are in writing.

Thanks for getting back with a few more specifics. You are entitled to representation by an agent that you are comfortable representing you. Be upfront and tell the agent you have chosen to represent you that you have already seen the home with the listing agent. Your new agent will want to take you again to see the home so that she can best represent you.

You DO NOT owe this listing agent a commission because you stated you never signed an agreement that you would pay him a commission. What is in question is whether or not he will seek the full commission versus sharing the commission with your agent. This question and debate is between the two agents and not you. Only he can answer that questions but my guess is no. If your agent contacts him and explains that she is representing you under a buyers agency agreement and explains that you love the home but wanted representation. Communication is always best in these circumstances. He will probably understand and be happy that his listing has a buyer!

He could have a case of procurring cause against your new agent so I would protect yourself in your buyers agency agreement with your agent so that you do not owe her a commission if she loses the commission to the other agent. If you are upfront with her then she knows she was not procurring cause. If she agrees to represent you then she knows there is a chance this agent could seek the full commission.

Best of Luck!

Who is your agent of choice? Have u an established relationship with him/her?