As first time homebuyers, my fiance and I toured a Lennar, new home development near Charlotte, NC before contacting a real estate agent. We now

Asked by Dpickle131, Charlotte, NC Wed Mar 3, 2010

have a real estate agent because we have been approved for a loan and are serious about our search. Unfortunately, our agent made it seem like he wouldn't or couldn't help us with the Lennar property. Note: we did not negotiate a price with Lennar nor did we discuss a real estate agent. Any help?

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16
Mike, , Charlotte, NC
Wed Mar 3, 2010
Having worked for various home builders throughout Charlotte for the past 10 years, I know the importance of a Real Estate agent working with a buyer. It seems odd your agent is unwilling to look at the Lennar property with you but should be something they should answer if you ask him. Some builders in the past made it a point to not want to pay a Real Estate agent if a home buyer had previously visited a new home community without an agent as a "procuring cause" for the buyer visiting the builder/community. Of course, I don't know of a builder now that wouldn't pay a commission to an agent for assisting a buyer through the buying process. Keep in mind, you agent is working for YOU and they will not get paid unless the house closes!

Mike Smedley
Broker/REALTOR
M/R Smedley Realty, LLC
11036 Golf Links Drive, Box 78425
Charlotte, NC 28271
Mobile 704.340.3204
Office 888.819.0194
mike@mrsmedleyrealty.com
http://www.mrsmedleyrealty.com
1 vote
Lexie Longst…, Agent, Charlotte, NC
Wed Mar 3, 2010
I think your agent should go to Lennar and tell them that she is working with you and representing you. They may give her a bit of a hard time but they want to sell that house more than you want to buy it and I'm sure they will honor your buyers agency agreement with her and pay her. I do not think there is a builder out there that would not be happy to pay her a commission fee to represent you in your purchase.
1 vote
Krista Abshu…, Agent, Fuquay Varina, NC
Thu Mar 11, 2010
I agree with Christian Driscoe; chances are that your agent is concerned that he won't gat paid on the purchase of the Lennar home. However, that matter could probably be handled quite simply by a phone call to the Lennar consultant and confirming that they will still allow you to have your own Buyer's Agent and that Lennar will financially compensate your agent the amount that they advertise in the MLS. Possibly your agent doesn't want to "step on anyone's toes." However, if you really like working with him let him know how important it is to you that he work with you on the Lennar property and that you have already confirmed that they will still pay his commission. (after you have confirmed this with Lennar)
Best of luck to you!!
0 votes
Chris Cunnin…, Agent, Charlotte, NC
Mon Mar 8, 2010
I negotiated with Lennar last week. My client signed the contract that day and is very happy. I have found them great to deal with and look forward to working with them again soon. I agree that you should ask your agent why! Your agent can be paid a fair commision for his efforts from Lennar.
0 votes
Monkey, , Charlotte, NC
Sun Mar 7, 2010
Your agent can still help you with the transaction. I frequently assist my client in picking the lot, house plan, and interior selections to create a beautiful and functional house for them. Lennar homes will work with your agent if you ask them to.
0 votes
d, Home Buyer, Charlotte, NC
Wed Mar 3, 2010
Congratulations on finding a home you like that fits your needs! Before I went into general brokerage, I was in new home sales for several years and always appreciated working with buyer's agents. I liked that customers had their own representation as I felt a lot of times they trusted me to guide them and be their advocate even though I represented the builder. Having a buyers agent is helpful as they can help you navigate through the building process. Unless your agent is trying to get paid on a contract after it has been negotiated (which doesn't sound to be the case), it probably isn't an issue for your buyers agent to contact the on site new home sales rep to see what the next step is with regards to working on your behalf. Good luck!
Web Reference:  http://www.thefisherteam.net
0 votes
Mack McCoy, Agent, Seattle, WA
Wed Mar 3, 2010
I'm guessing your agent thinks you have registered at the site, and that he wouldn't get paid if he represented you in the transaction. I'm also guessing that you need to clear the air and understand his reluctance. If that's the case . . . agents are often not good at negotiating on their own behalf, but I agree that he should call the site and say, "I'm here with my buyers, treat us right."
0 votes
Gloria Fridr…, Agent, Waxhaw, NC
Wed Mar 3, 2010
Have you asked your agent why? There would be any reason why not if you haven't already signed a contract. You are entitled to have buyer representation. Good luck. Hope all goes well with your purchase.
0 votes
April Crowder, Agent, Charlotte, NC
Wed Mar 3, 2010
The simplest thing to do is ask your agent why he doesn't want to help you. Maybe he is a new agent and is afraid that Lennar will not pay him a commission since you originally looked at the home yourself. In that case, he may be trying to get you to buy something else. Insist that your agent contact Lennar and tell Lennar that he is your buyer's agent and will represent you and be compensated if you purchase a house. If the Lennar sales agent says they will not pay him, then you should contact Lennar and tell them that you will not purchase without an agent. It is important that you do have buyer representation in buying a new home, especially in today's market. Good luck with your purchase!
0 votes
Christian Dr…, Agent, Mystic, CT
Wed Mar 3, 2010
I would need a bit more information from you to understand the whole picture. For instance, is the Lennar home listed with an MLS, is an offer of compensation sufficient to pay the commission that you have agreed to, and is your agent a member of the same MLS.
I am going to go out on a limb and assume the answer to all three of the above questions is yes.
That said, your agent is likely concerned with a term we refer to as Procurring Cause or, in plain English, what party is responsible for bringing the (Ready, Willing, and Able) buyer to the negotiating table. While different states may interpret cause differently, for the most part this comes down to question of which party maintained an unbroken chain of events in communication with the buyer, which precipitated in the offer to purchase. These events may include: getting the buyer pre-qualified, advising the buyer on the home-buying process (what to expect and when), showing the buyer one or more homes in an area, preparing a market analysis on the subject home (so the buyer is informed on value).
The fact that you walked into an open house (or even made an appointment to view a property) does not in itsself consitiute Procuring Cause. If however the Lennar salesperson was responsible for say getting you into additional showing, getting you approved for a loan and had in other ways followed up with you to keep the Lennar home on your to-buy list, then your agent may have reason to be leary.
To Lexie's spot-on observation below, Lennar is in the business to move houses. Best way to proceed is to have your agent call the Lennar rep to first see if there is a percieved conflict and second work it out if there is (perhaps get the agents' respective Brokers involved). We agents negotiate for a living. This is a situation that can be worked out.
Best of luck to you.
0 votes
Sandra Allen, Agent, Charlotte, NC
Wed Mar 3, 2010
First congratulations on being approved for a loan and being able to capitalize on this great buyer's market. Many of the Realtors here have given you great advice. The only problem is that we can't give you the best advice because there is too much ambiguity about your homebuying experience. If you have a relationship with your agent and you feel comfortable with him/her, ask your agent why there seems to be any type of hesitation to assist you. Open up the lines of communication further. Your agent may not be aware of your feelings and their may be a great bit of miscommunication. An approved buyer is golden. I'm sure he or she would not want to lose you as a client and may be able to do a better job in making you feel more comfortable. Good luck!

Sandra Allen
Broker & Auctioneer
Today's Real Estate & Auction
(704) 559-5988 x5
0 votes
Erin Miller, , North Carolina
Wed Mar 3, 2010
Your agent may be chasing a larger commission. I am in new home sales and I had an outside agent tell me he would never bring me business if someone down the street is paying more. That is steering and it is illegal. New construction sales reps are not the horrible monsters "your mother warned you about". We have a moral duty to serve clients just as much as general brokerage agents. However, the majority of general brokerage agents I work with are FABULOUS!!!
0 votes
Nina Holland…, Agent, Charlotte, NC
Wed Mar 3, 2010
You have every right in NC to have representation when you purchase a home, regardless of whether it's a resale home or new construction. And in new construction, you should have representation by your own agent, as the sales office represents the builder's interests only. If you haven't signed anything with Lennar, you should acquire an agent who will represent you and simply tell Lennar you won't go ahead with the purchase without your own representation in the transaction. I've sold plenty of Lennar homes, myself, and have never had an issue where they wouldn't work with me and my clients. Really, I'm at a loss as to why your agent wouldn't help you. If you need more help/iinformation, just email or call me:

Nina Hollander
Carolinas Realty Partners/Re/Max Executive Realty
704-779-0813
nina@ninahollander.com
http://www.CarolinasRealtyPartners.com
0 votes
Kelly Sniate…, Agent, Matthews, NC
Wed Mar 3, 2010
I totally agree with Lexie. I have personal experience in this same situation with Lennar and it was not an issue at all. Matter of fact nothing was even said when I went in with my client.
0 votes
Scott Russo, Agent, Charlotte, NC
Wed Mar 3, 2010
Lexie is right. If you have more questions, feel free to visit my site to contact me directly.

soon,
Scott
0 votes
dave, Agent, Charlotte, NC
Wed Mar 3, 2010
Has your agent said why? I have sold homes built by Lennar before and have had no issue at all dealing with them.....the agent should be able to show you a Lennar home. In fact it is in your best interest to have an agent when negotiating a home from a builder. unfortuantely, most buyers do nto realize the agent that is working for the builder is just that...working for the builder. It is there job to look out for the builder's best interest. You need an agent who is going to look out for your interest.

Have you signed anything with Lennar about your representation if you buy one of there homes? If not your agent shoudl be willing to show you the home.

Hope this helps you out a little...

Dave diCecco
Realtor/Agent
http://www.davedicecco.com
0 votes
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