So lets look at your situation. A home that you like in and area that you like and the sellers rep already knows this. At this point with the conversations you have had you need to use the builders rep and turn them into a dual agent. At that point they can not negotiate harder for one side than the other and they only represent the transaction. Good Luck and I hope you get what you want.
I recently wrote a trulia blog on making offers; make sure you see if it can assist you or your agent to negotiate/offer a better price.
Best of luck, and don't worry about agents who look alarmed... all of us do from time to time.
A dual agent cannot advise you at all. An agent in a dual agency situation must stay neutral to both parties. What does that mean? The dual agent really doesn't represent either party in the transaction. The agent really just becomes a facilitator. The agent cannot pay you their commission either. You are not a licensed realtor. That is an agreement between the agent and the seller/builder. I am afraid that without having a buyer's agent, you are on your own.
We decided to explore building a new home after many, many, many months of looking at homes (short sales included) and couldn't find anything that we fell in love with (we used a realtor who did a fine job for us during that phase). So now we are closing in on the time where we meet with and try to build our home on paper with the dual agent with whom I spoke of in my last post. The builder's agent claims that there is no negotiation available for us not using a real estate agent, since they would have paid that out of a separate account?? Really? I feel that the "company" is saving, so I should also.
What are your thoughts on that?
Unless you signed a buyerâ€™s agency agreement with the site agent, you are generally free to use whoever you want to. Site agents technically represent the builder, not the buyer. If you can find an agent who has successfully represented buyers in the development, you will have the benefit of their experience and your own representation.