If looked for a house with a buyers agent last fall, was unsuccessful, and now wish to choose a new agent...

Asked by Stephen, Guilford, CT Sat Jan 24, 2009

what obligations do I have to the first agent (with standard written agreement, ending Oct 15, 2008)?

What if I decide I can't find a house this spring, and wish to purchase one I saw last year. Which agent would I use (old one or new one), and which one would get the commission?

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Kawain Payne, Agent, Seal Beach, CA
Thu Sep 12, 2013
You have no obligations to your previous agent.

Best of luck to you!!!

Kawain Payne,Realtor
0 votes
Jeff Davis, , Harker Heights, TX
Thu Mar 19, 2009

I am a broker with ERA in the Guilford area. I would be happy to help you locate a home. I see the other answers and with the contract having ended last October, you are under no obligation with that agent any longer. I am very familiar with Guilford as well as the surrounding areas. The seller always pays the brokerage fee. If a buyers agent ever askes you to pay more, I would move on. Please feel free to contact me and I would be happy to help you locate a home if you have not already done so.


Jeff Davis
0 votes
Margaret Mit…, Agent, York, ME
Sun Jan 25, 2009
Hi Stephen - Sorry that things didn't work out for you previously. You should reread your contract and pay attention to section 1 and section 4.D, with dates in them. If this is the standard Buyer's Agency contract, you have an obligation for 6 months after the contract ends, for property that you looked at with the first agent, unless you enter into a new contract.
It will be helpful to you and your new agent if you share the prior contract and let your new agent know what your issues were, so that you can get a better result this time. Good luck!
0 votes
Diana Downs, Agent, Bangor, ME
Sat Jan 24, 2009
When choosing a new agent, ask your friends and family who they have used and were happy with. You can also look for agents on line and read their profiles to get an idea of who you would like to work with.
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Rick Beal, Agent, Portland, ME
Sat Jan 24, 2009

Make sure you sign an Exclusive Buyer Representation Agreement with your new agent, once you have new representation, you are relieved of all obligations to your previous agent. I'd be curious to hear about why you were unsuccessful, and what did the agent do or not do to have you make the change.
0 votes
CJ Dubois-Co…, Agent, Saco, ME
Sat Jan 24, 2009
Hi Stephen,

Good question. In Maine if you have a buyers agreement with a new agent, then you would go through the new agent for the house you saw last year. If you do not have a buyers agreement, you can still use the new agent, however, if the prior agent had showed you the house, he or she may claim it was a procuring cause and request a commission.

Commission is usually paid by the seller to the listing agent. The listing agent will discuss the percentage to be paid to the buyer's agent. Sometimes a buyer is asked to pay a part of the buyer agent's commission.

I hope that answers your questions. It can be confusing. If you are still not clear, please let me know and I'll try to state it a different way.

In the meantime, if you would like me to make a good referral to you in the Guilford area, please feel free to contact me at 207-615-1663. I would be happy to put you in the hands of an experienced agent who has earned an Accredited Buyer Representative designation like myself.
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