Home Buying in Novi>Question Details

Mimi, Home Buyer in Novi, MI

Our agent represetns us (buyer) and seller. I don't think it's working. We made an offer already and we

Asked by Mimi, Novi, MI Wed May 14, 2008

really like the house. But we are not getting enough advice from her. She seems to be more like seller's agent. What should we do?

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Although not my business, I wonder what kind of advise you are needing and not getting. Some info we can not assist with if we are "just" the buyers agent. However, you have signed a contract already and you do need someone to protect you and your interest. It may be time to get a real estate lawyer to rep you. You do have this right.
0 votes Thank Flag Link Thu May 15, 2008
Mimi, I suggest reading the Dual Agency contract you signed with your agent. I may be wrong but believe you will find language there that answers your question. The Dual Agency agreement will usually negate your buyer's agency agreement, but read the paperwork to verify yourself.

I agree with Maureen, discuss this with your agent and get an answer to your concerns.
Web Reference: http://mi-living.com
0 votes Thank Flag Link Wed May 14, 2008
Mimi,

The problem is that you have already started working with her. If a new agent were to represent you now, there could be issues later because you have already written an offer through her. That is why I said you need to talk to her. You accepted dual agency when you wrote that offer (or earlier).

Was she working with you prior to this house?

There can be ways to work this out. Sylvia's suggestion of talking to the broker is definitely a good option.
Web Reference: http://mioaklandcounty.com
0 votes Thank Flag Link Wed May 14, 2008
Maureen Fran…, Real Estate Pro in Birmingham, MI
MVP'08
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Hi Mimi:

My apology, now that Greg poinited it out, I noticed that she represents both sides. I agree with Greg, this is called Dual Agency and most of us do not do that due to conflict of interest - where your concerns might come from.

Since this is after the fact where you have already sigend on with her to use her as your agent, she is already representing you. However, your purchase contract is really with the Broker of the agency rather than than agent (your agent), I still think you need to talk to her about your concerns. However, if you still do not feel comfortable, go to her broker and have the broker assign another agent to work with you before you switch to another broker.

Although I don't do it and I don't believe in it, there are times when dual agency works, but certainly not in your case.

Sylvia
0 votes Thank Flag Link Wed May 14, 2008
Sylvia Barry,…, Real Estate Pro in Marin, CA
MVP'08
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In Texas, this is called intermediary. Basically, at this point she (and technically, her broker) represents neither party and can only act as a neutral party. Anything confidential she knows from either you or the seller must stay confidential unless it's pertaining to material facts about the property. What you can do is request that the broker assign an agent to represent your interests as the buyer. It's called Intermediary With Assignments. Hope that helps!!
0 votes Thank Flag Link Wed May 14, 2008
In New York you would have another agent in the firm thank your agent belongs to act as an advisor to either you or the seller.It is highly recommended not to be a duel agent unless it was decided well before any negotiating started.I assume you have a signed agreement with your agent as a buyer rep and it just happened one of his existing listings is what caught your interest.It is(as mentioned) best to put all things out in the open and discuss it with the agent
0 votes Thank Flag Link Wed May 14, 2008
Hi Mimi:

Talk to you agent and tell her about your concerns. If you have specific questions, make sure you address them to her, and if she is not giving you the kind of answers you are looking for, you might have to rephrase your question. If you are still not getting anywhere with her, you might want to talk to her manager so you can get the kind of service you are looking for.

Buying a house is probably the biggest purchase you will make and it is very important that you understand everything and that you are comfortable with what you are doing.

Sylvia
0 votes Thank Flag Link Wed May 14, 2008
Sylvia Barry,…, Real Estate Pro in Marin, CA
MVP'08
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She represents you....and seller.....and it is in her best interest to make this deal work. Go with Maureen's advice who answered earlier and talk it out with her.....
Web Reference: http://Contact4Homes.com
0 votes Thank Flag Link Wed May 14, 2008
Talk to her and tell her your concerns.
Web Reference: http://mioaklandcounty.com
0 votes Thank Flag Link Wed May 14, 2008
Maureen Fran…, Real Estate Pro in Birmingham, MI
MVP'08
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