You initiated contact with an agent, had them show you a home and now want to change agents. That agent is entitled to a commission on the sale. How much does it have to do with you?.. well, not too much.
But it puts you in a catagory that is not well recieved by both "senior" agents and new agents.
The agent can file a for the commission from the agent you are using now and win.. will it affect you? no.
This new agent, should, when they find out about the fact that you saw this property with another agent first should tell you that your obligation is with the first agent that showed you the home.
Once you engage in conversation and have an agent show you a property you enter into an agency agreement by your actions. The agent can and should file for arbitration to settle the situation. The second agent that would write the offer for you should tell you this. But here we are again, it is a matter of ethics amongst realtors and our business.
The answer to the question is the first realtor that showed you the property is the realtor that should write the offer for you.
Good luck with the situation and I hope you get the home!
Once you select your buyer's agent, it is to your benefit to look at homes with them. If you go to Open Houses without your agent, you should be leaving their card with the agent holding the house open when you enter the house.
All questions about real estate need to be directed to your agent, the one you have the agreement with, the one who is promoting and protecting your best interests.
"The answer to the question is the first realtor that showed you the property is the realtor that should write the offer for you"
That statement is a misconception (and recognized by the National Association of Realtors as a misconception) shared by many Realtors that do not understand "Procuring Cause". Repeading an error often enough does not make it a fact.
Paul Howard, Broker
The second part of his last answer was less about you and more about the state of our industry. The public, by and large, seems to understand but little of the relationships that we offer and the essence of the work we do. As Mr. Howard says, there are too many unqualified agents crowding the field. I believe that part of this is because the requirements for entry are about the same as they were eighty years ago but the business has become much more regulated and complex.
I personally also believe these things:
We need to tighten up to the point where "gifted amateurs," playing part time roles, are effectively excluded (perhaps a brief period getting started under supervision might be an exception.) We also need to allow senior members of the industry (brokers) to be properly qualified to act independent of a brokerage agency.) This would eliminate the "whole office" being an agent to every transaction the brokerage does. We need to solve the problem of dual agency and buyer representation in a way that causes less controversy. We need to compensate agents for work they do as it is being done, so that clients who are dissatisfied can move to other agents without an "all or nothing" outcome, which is the way we do it now. This practice, in my opinion, causes agents to hang on to clients for dear life, often long after the relationship is comfortable and in some cases, even productive. If a physician or lawyer proves unsatisfactory, their patient-clients move on, with the professional compensated for the time spent to the point of the break. The real estate field does not usually do this and I think, in the final analysis, to our own detriment.
April, I hope that you get the home that best suits your needs and that it makes you very happy. I further hope that you can look back at our industryâ€™s efforts in your behalf with appreciation for a job well done. I apologize for any confusion that you might have suffered because of the way we do business but do suggest that you get a primer on what those methods are, so you can obtain the most that we can give.
The real issue here though, is why in the heck were you looking at a house with a realtor that you didn't want to work with? "
In going to a home with an agent you didn't intend to work with you wasted the time of a business person who likely has little to spare. Unfortunately you don't have any legal obligation to pay her. That circumstance is a basic reason that Realtor commissions are as high as they are. With the number of people that take up the time of some agents there is no other way for them to pay their bills other than to charge high commission. That, coupled with the excessive number of (many unqualified) agents in this business result in an industry where very few make a good living. 80% could not survive on the commission income alone.
"Unfortunately for you, the agent who showed you the home is the procurring cause and should be writing up the offer with you."
The real issue here though, is why in the heck were you looking at a house with a realtor that you didn't want to work with? Your best hope is an action to get your favored agent to give the showing agent a portion of the commission to take over the deal, if the showing agent will gracefully back out. Otherwise, work with the person you have or go find another house, WORKING ONLY WITH THE AGENT YOU WANT TO USE.
Having the agent sign a statement that she will not assert a right to a commission based on taking you to see that one house might have worked but coming up with language that would preclude that situation is a legal issue. I'd like to see buyers start doing it though.
That said, eagerness and aggressiveness do not trump knowledge and ability. .
You might not perceive me as aggressive either. Tactics and strategy do trump outward aggressiveness.
Find out what strategy your eager beaver will employ. Then decide.
You might want to look at:
Paul Howard, broker
Cherry Hill NJ