We recently stopped to look at a house and the agent across the stree came over and unlocked it, she unlocked it a second time for us at another

Asked by Gary Duncan, 47130 Mon Oct 19, 2009

time. When I asked her about comps she said there werent any. My question is, if we write an offer on the home I don't want to write it through her. She was not helpful with comp information and we were not working with her or any other agent. Problem is if we buy she will be a neighbor. What is the solution?

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7
Torrey Smith, Agent, Shelbyville, KY
Wed Feb 10, 2010
From her view she most likely believes that the fact that you looked at the property with her twice implies that you're accepting her to represent you if you pursue the house. However, you're not legally obligated to work through her unless you signed a buyer-agent agreement. Your situation is definitely a "catch 22" one and it may put you in an akward position if you end up buying the home through another agent. The #1 priority in the buying journey is to make sure you're making a sound, educated decision about the home you choose. Thus, establishing a value for the home prior to making an offer is very important. I suggest that you sit down with her and ask her if you could have either her broker or an experienced teammate from her company to assist in the representation of this transaction. This allows you to continue to work with her and it gives you more experienced counsel for developing a strategy for making an offer. In the end, you'll make a well-educated decision on an offer and she'll be rewarded for representing you. Win Win
1 vote
Sharon Roark, Agent, Lexington, KY
Mon Oct 19, 2009
Since she did open the house for you on two occasions, there's an assumption that's she's working for you. Now, that doesn't mean you're legally obligated to go through her, but if you write an offer with another agent, she may complain and cite "procurring cause", which means she's the first agent who showed you the house and therefore she's the one who has the right to represent you in its purchase. That would, however, be something that the two agents could fight over -- you could still buy the house with another agent and let the chips fall where they may between the two agents.

You may also consider calling her broker and explaining the situation. This would likely snap her to attention and the broker would probably help guide her in pulling comparable sales data so you would have the information you need to make an informed offer. This, of course, may not win you any points with your future neighbor either, but it's another option.

A third option would be to simply tell the agent that you're considering making an offer but that you don't want to unless you've seen some comps for the house. If you give her one last opportunity to do her job properly, she may surprise you and be more helpful. She may not do what you ask, but at that point, you could ask another agent to write the offer with a clear conscience since you've given her every chance to do her job.

Keep in mind it's conceivable that there really aren't any "true" comps for that property -- if nothing else similar to it has sold within a mile of that property in the past year, she may actually be telling the truth about the lack of comps. This will make the appraiser's job more difficult and (just to give you a heads up) could result in the house not appraising for the purchase price. This has become more of an issue these days with restrictions having become so tight on which properties appraisers can use as comparables.

I guess the question you have to answer is: based on your own assessment of the property's value, do you feel that you have enough information to make an informed offer? If so, in the interest of keeping the peace, you may want to let this woman write the offer. But if you really want to work with someone who's going to guide you in a professional manner, by all means feel free to find someone else whom you believe WILL work hard to represent your best interests. Good luck!
1 vote
Carolyn Camp…, , Shelbyville, KY
Fri Jun 20, 2014
I am currently that agent across the street and found this question very interesting. I would say either the agent isn't into her business 100% or is about done. I love what I do and do everything I can for all my clients, including future neighbors. I'm actually more helpful with the house across the street because I live in that neighborhood. When I was asked about comps, I was able to speak from experience! I have lived and seen it all... including watching all the work that has been done to the home over the last 15 years.

Currently... my new client wrote an offer with me 2 days ago on that house. I was glad to help! :)
0 votes
Sergio Herna…, , Naples, FL
Wed Apr 27, 2011
Do what you feel is in your best interest.
Web Reference:  http://www.golftobeach.com
0 votes
Robert Dorgan, Agent, Shelbyville, KY
Wed Apr 27, 2011
. . . "Agent of Choice." A Buyer may choose an Agent who they feel most comfortable with in representing their best interests.
0 votes
Dallas Texas, Agent, Dallas, TN
Mon Oct 19, 2009
NO COMP'S ~ ~ HOW would anyone know then how list a home for sale with price?

Contact an agent who will work on your behalf determine value of home, If lady is your neighbor you can explain to her that if she was willing work with you provide necessary documents submit a sales offer would have been her best interest.

SUGGESTION: If you pursue purchase send over a nice gift basket or day at spa.

National Featured Realtor and Consultant, Texas Mortgage Loan Officer, Credit Repair Lecturer
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Lynn911

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0 votes
Dave Heck, , Arcadia, CA
Mon Oct 19, 2009
You should have called another agent for the second viewing if she wasn't helpful. You are not really obligated to her if you truly feel she wasn't helpful, but feelings are going to be hurt. I might use her at this point and ask her to buy you a home warranty or help pay for some repairs. It's no fun having a neighbor you don't like.
0 votes
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