Home Buying in 11377>Question Details

Connie, Home Buyer in 11377

spent ten minutes looking at house with seller, seller agent refuses to let me obtain buyer agent unless I pay buyer agent myself. I did not sign pape

Asked by Connie, 11377 Thu Jun 9, 2011

Seller agent has been difficult, I looked at house 5-10 min and left/agent said price of house not negotiable, i verbally said would never offer asking price, 133K highest offer I would ever make. I left because he insisted price would never be lowered. Next day seller sent purchase agree. accepting my offer, In documents he was listed as seller agent. I do not want to work with this agent and contacted a buyers agent. Buyer agent contacted seller agent who refused to allow buyer agent to share in commision. I would have to pay buyers commision. Never divulged to me in 10 minute meeting or previous difficult conversations with seller agent what his role was. Did not know until he sent documents. Do I really have to continue in acrimonius relationship with seller. I want the house, do not want to deal with seller.

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My NC Homes Team’s answer
If the property is listed in your local MLS system seller agent has already agreed to pay a commission to a buyer broker. If it's not then the Seller can do as they like. However you seem to indicate the Seller is a licensed agent, which means you can file a formal complaint against them both with your state real estate commission and with the local Board of Realtors.

Honestly it sounds as if the Seller is a total jerk, and frankly if their already this bad why would you possibly want to buy their home. The entire transaction is going to be nothing but painful, If I were you and wanted the house (which I probably wouldn't after encountering the Seller) I go back to them and say the new price I'm now offering is $120,0-00. My deal would be as-is (trust me you don't want to try and deal with this idiot on home inspection issues and that my offer was good for 1 day only,.

If you want the best advice I an offer, it's forget the house, file a complaint against the seller /agent and move on. Buyers should remember there's always another home, I doubt there anything really remarkable about this property and life is too short to waste it on jerks.
1 vote Thank Flag Link Wed Jun 20, 2012
Bear in mind that all offers must be presented by the seller's agent to the seller. Your buyer's agent can make the offer contingient on a certain commission amount.
0 votes Thank Flag Link Thu Jun 9, 2011
HI Connie!

How frustrating! Let's keep this simple and try to not let your emotions get in your way.

Sign a Buyers Agent contract and become their client. Have your fidicury buyers agent submit your offer with all your qualifications: mortgage pre-approval and anything else that demonstartes to the seller that you are very qualified to purchase their home.

If the MLS states that a commission will be paid to a buyers agent then if your offer is accepted your buyers agent should receive a commission.

Not to confuse you, but to help illustrate a point, there are times when an MLS will state the commission to the buyers agent is, say, 2% but your buyers agent contract states they get paid 2.5%. In this case you could have to pay your agent the .5%. It is true that if the MLS states 0 commission to a buyers agent then the buyers agent will describe how they will get paid if they expect you to pay them. Please make sure you read the buyers agent contract before signing it and discuss it with them.

Usually "procurring cause" of the accepted offer is what is looked at. Meaning, who actually brought a ready, willing, and able buyer's written offer to the seller. Notice, I said "written" offer.

The seller's agent cannot make decisions without the sellers ordering them to do so within the scope what is legal.

Your Buyers Agent will advise you from here on.

So, Take a deep breathe, relax and let a professional work for you.


Mary Condon
0 votes Thank Flag Link Thu Jun 9, 2011
You may want to contact that Agent's Broker.
What you are relating is unethical at the very least.

You also have the right to present an offer to the Seller, in person, if you chose.
Good Luck and God Bless.
0 votes Thank Flag Link Thu Jun 9, 2011
Hi Connie,

If you did not sign a contract with the selling agent to have them be your agent, you have no legal obligation to them. If you want to have a different buyers agent, make sure you sign a contract with them. Have your buyers agent submit an offer to the listing agent.

Shanna Rogers
SR Realty
0 votes Thank Flag Link Thu Jun 9, 2011
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