I have offered a house through an agent who hold open house for the listing agent. I am not happy with his service. I found another real estate

Asked by lincole888, Greensboro, NC Tue Aug 20, 2013

agent to make another offer for the same house.
Do I have any obligation to the 1st agent who presented offer for me. I don't know him and only know him when he hold open house.

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Emily Franco’s answer
Emily Franco, Agent, Greensboro, NC
Tue Aug 20, 2013
This can be a tricky question and there are some questions I would need to ask you before I can answer that. Feel free to give me a call and I will try to explain.....

Emily Franco
0 votes
Disclosure does not mean contract. Did you sign a Buyer's Agency Agreement Contract with the first agent? You've gotten a lot of responses on this, some of them frankly not so nice. Regardless, in my opinion the first thing you need to do is cancel the first offer, in writing. The sellers can only accept one offer, but commissions are another story. A previous responder also mentioned that the first agent can claim that they were the procuring cause and go after the commission.
Flag Wed Aug 21, 2013
I did sign the disclosure regarding real estate agency relationship (California)
Do I have financial obligation to the agent who presented the offer for me.

can you use another agent to present the offer for the same house?
Flag Tue Aug 20, 2013
Larry Story, Agent, Greensboro, NC
Tue Aug 20, 2013
If you signed a "Buyer's Agency Agreement" then you are locked into that agreement with that firm until you terminate the agreement. Now if you just gave that agent a verbal offer then there actually is still an implied agreement. There maybe "procuring cause" in the deal for that agent's firm.

Now if you are not happy with that particular agent and you did sign an agency agreement then you can always ask for a different agent to be given to you since the buyer agency agreement is with the firm not the agent.

I would suggest you ask to speak with the Broker-in-Charge and then can help resolve this.

I hope this helps,

Larry Story
2 votes
Pat & Steve…, Agent, Westlake, OH
Wed Aug 21, 2013
We suggest that you speak with the broker for the first agent who wrote a contract for you; or, you can immediately consult with an attorney who handles residential real estate matters.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Wed Aug 21, 2013
The new agent, you know, the one you like better, just might end up with NOTHING!
Real estate professionals PROFUSELY advise ALL buyers to have a real estate professional represetning them when buying a home. I'm sure you read and heard that message also. Now, when you've created a mess, you want to get advise from those same professionals whose guidance you ignored before.
YOUR actions caused this situation. Not the agents involved. Now, you have been advised to drag another agent into the mess who may also end up with NOTHING!
You need to resolve your differences with the original agent or have the agent you like better resolve it for you. If you are teachable, you will follow the instructions of the agent you choose.
DO NOT SECOND GUESS YOUR FAVORITE AGENT BY SOLICITING THE OPINIONS OF STRANGERS FROM THE INTERNET. You are repeating your mistake and the result will be more injured parties and you looking for someone to blame. Let the professionals resolve the mess you created. Keep your hands out of the process. When fixed, you would be well advised to follow the instruction of the professinal you selected to represent you.
0 votes
Katie Warmath, Agent, Greensboro, NC
Wed Aug 21, 2013
The answer lies with the first agents broker in charge. There are many questions to ask, first being who was the first agent working for, the buyer or the seller. What agreements were signed etc. The broker in charge should be able to work with all involved to keep the buyer, you happy.
0 votes
My NC Homes…, Agent, Chapel Hill, NC
Wed Aug 21, 2013
The agent who presented your offer first should have had you sign a buyer broker agreement,. IF you did then you may not get a second agent unless you're willing to pay them the commission.
Even if you did not sign a buyer brokers agreement which would mean the agent opening the open house was really dumb, you could have problems as the first agent could easily claim that thewy were the procuring cause.

The second agent whom you like should have explained all of this to you, if they didn't then trust me their not doing their job and are not someone you should be working with. You need to be careful or you're going to end up owing money to someone for no reason at all. You need to review what you signed and if you've any questions about it you should speak to either a real estate attorney (which you will need anyway to close the transaction) or find someone you trust who can explain things to you.

If you did not sign anything, and your offer was only verbal than you can hire anyone you like and I hope it goes alright for you. By your question, I know that you really need an experienced agent's help before you find yourself having even more problems.
0 votes
Don Tepper, Agent, Burke, VA
Tue Aug 20, 2013
Explain your situation to the new real estate agent. Listen to him and his advice.

Hope that helps.
0 votes
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