Home Buying in Flushing>Question Details

Jack, Other/Just Looking in 11355

is that lawful?

Asked by Jack, 11355 Thu Aug 14, 2008

you let one agent show you a house, and at that time you was not intrested in that house, so after that, you didn't sign anything or gave any offer with the agent. later you found out the same house maybe is a good choice, but then you go to another agent, and doing bussiness whith him, whom also is the seller's agent. do you still commited to put the first agent which is showing you the house first, in to the sale contract, and let him share the comission while he was just show the house to you? if you are not doing that, do you face any trouble in the future?

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J R’s answer
Some people use the listing agent because they think they'll get a better deal. It's one of those tips in that secret book buyers use to determine their "strategies". You know, the book none of us have ever seen, but judging from the similar comments from buyers, they've all read. :)
3 votes Thank Flag Link Thu Aug 14, 2008
Jack, I share the curiousity by Gail and Chris- what would compel you to work through the listing agent, when another agent showed you the property? I guess I'm confused as to why the switch (which, by the way, is well within your rights- there may be more to this than we're understanding). Why double the income of the agent hired by the seller to look out for the seller's best interest, with no one signing up to look out for your own, when that choice is available to you? Have you reviewed the NYDOS agency disclosure, and do you have a comfort level with the representation being offered? This is a big purchase- I'd think hard, regardless of the first agent, about entering into this purchase without a set of eyes operating on your behalf.
Web Reference: http://optionsrealty.com
1 vote Thank Flag Link Thu Aug 14, 2008
I don't know, it's the "secret book" that buyers have when they come up with strategies like I have seen. Another one is looking into refrigerators and closets to determine seller motivation. :)
1 vote Thank Flag Link Thu Aug 14, 2008
JR, did the listing agents author this book? The notion has to be suggested somewhere...what a mess.
Web Reference: http://optonsrealty.com
1 vote Thank Flag Link Thu Aug 14, 2008
It sounds like the first agent may have helped you find the house. If that is the case then it only fair to let the same agent write up your offer. Sounds like he did a good job so far, let him him finish the job.
1 vote Thank Flag Link Thu Aug 14, 2008
If you are not in a contractual agreement, you are not legally obligated to work with the original agent.

If the original Realtor was not offensive, nor was there a reason not to work with that person, calling them regarding the home they introduced you to is the courteous, moral and ethical thing to do; they have already invested their time and efforts in helping you find the right place.
Web Reference: http://GailGladstone.com
1 vote Thank Flag Link Thu Aug 14, 2008
My statement is dated but here goes. Like my colleagues I agree that the broker who showed the property first, ethically and morally should be the broker you use for any services/offer and resultant sale of that property and no other.

As far as any "trouble" goes, you may want to consult your Attorney. At the very least I might think your first broker can make a very strong case for procuring cause if a sale does occur.
0 votes Thank Flag Link Fri Feb 26, 2010
I agree with Gail and John. If the showing agent didn't $crew you over, why cut him out totally and double the seller's agent's commission.

But realize, all along, that the first agent and the seller's agent both work for the seller unless you hire the first agent as a buyer's agent, which I am not sure you can do after seeing the house as a seller's agent.

So although you should do the moral and ethical thing and go with the first agent, this doesn't mean you have to drop your pants, apply the vaseline, and squeal like a pig.
0 votes Thank Flag Link Thu Aug 21, 2008
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