In the months since, we haven't found a good reason to use a buyer's agent, with the information available to us online, and are forgoing using one in the future.
It's a little confusing about him asking for your input on a property you never saw and was still under construction. Maybe he was asking, to find out if you were interested? Or, maybe he was asking, so that he had an idea of what to List it for? He could have already been in process of Listing it.
You never said he offered to show you the property. And, you never said whether or not that property
had the criteria you were searching for.
Hopefully, he would ask you if you wanted to see it, if you would allow him to be a Dual Agent. He should
get that approval from you in writing.
To know for sure, whether or not he is working in YOUR best interest, you should have him put in an Offer for the property at a price LESS than what you had originally said you would pay for it. Maybe you can get a better deal than what you first disclosed?
We can't know for sure, what anyone is thinking. But, it could possibly be that he approached the Seller and told him/her that he know of Buyers interested in the property for $xxxx.xxxx and that is what got him the Listing. This doesn't necessarily mean that he told the Seller that YOU would pay that amount.
If you like the home, put in an Offer for less. You didn't say that it sold yet. If you really want to see if he is working in your best interest, you may be able to find out, from his response and whether or not he is willing to put in an Offer for less. If you get it for less, would you THEN think he was working against your Best Interest?
I'm curious . . .
Let us know what you did. (It was in October that you posted that question)
So, in a hypothetical, where an agent is showing property to a buyer, without a signed agency agreement, if the agent shows 5 properties, but is the listing agent on one, then the agent would be the agent of the buyer if an offer was made on one of the four properties, but the agent of the seller if an offer was made on the agent's listing property.
Dual agency in Washington is relatively rare.
IMHO, this should have been explained prior to showing the properties.
I understand your feelings. I don't know all the facts but if in fact he had a dual agency situation existed, it would have been best for him to disclose that to you, right?
Aside from the fact that he did not disclose, it could be that he wanted to know what you thought the property was worth so he can give the seller feedback about how to price it. If he did not have a signed listing agreement when he spoke to you, but perhaps was working on listing the property, he really would be unable to disclose that to you because he had nothing to disclose.
From the listing agent side, if you are in competition with other agents to list a property for sale, you know that you do not have the listing until the seller signs in, period. It may also be that during his conversation with the seller he said that he had spoken with you (not by name) and that based on his discussions with you (and probably other buyers) he could prove that he could bring buyers to the seller.
It would be as if someone told you that you were going to get a raise at work, you tell your husband "Hey, honey, what do you think a new kitchen would cost?", he says "more than we can afford" and you say "Well, if we could afford it what would it cost" and he says "$2,000", then you come home Friday with a nice raise that will pay it. Won't your husband wonder what you were up to?
I know it's not quite the same, but you might tell, "yes, I thought that I'd get the raise, but I wasn't sure until I saw it in writing".