I don't believe that it is too late to bring in another agent. Your situation is very common, you do not have to feel guilty that you want to have somebody else represent you through out the buying process. Because you are a first time home buyer, please take a look at this first,
Then if you have any more questions feel free to contact me about your individual situation and I would be happy to speak with you.
Prudential Douglas Elliman
Please do not feel quilty! The seller's agent should not be pressuring you to not use a buyer's agent, quite the opposite! (Dual agency is frowned upon in NYS)It is definitely not too late and could be definitely to your advantage in many ways! As someone mentioned earlier it would be best to be pre qualified or approved and a buyer's agent can provide you with a list of reputable mortgage people, as well as a list of attorney's, if you don't have one already.(You will definitely need your own attorney to proceed with your purchase.) If you don't have anyone yet to represent you, please feel free to contact me.
Certified Buyer Representative
Century 21 Princeton Properties
Here is a better link to yet another legal memoranda from the NYS Dos General Counsel that's called:
" Be Wary of Dual Agency!" http://www.dos.state.ny.us/cnsl/dualagcy.html
When an apartment is listed for sale with a real estate broker (who after listing the home will do things such as prepare and stage the property, take photos, advertise, place in multiple listing, screen and qualify buyers, show and hold open houses and probably many more things) a selling price and commission is decided upon between the seller and the broker.This commission is divided between the selling broker and the buying broker (unless it's sold by the selling broker which then benefits the seller, as that broker's loyalty is to the seller..) If someone want to go through the inherent dangers, time, hassle, work and heartache (in addition to fending the calls of the thousand of agents who will call a FSBO) that of course is their right...no one forces them to make that choice! Broker and agents have to undergo much (continuous) schooling and training in real estate, marketing, current laws, sales negotiating and also ethical training in addition to the years of experience they may bring. Again the choice is always up to the consumer! Attorneys can practice real estate and are entiltled to a share of the commission if acting as brokers and indeed in NYS you must have an attorney to buy or sell real estate but most attorneys are only going to prepare contracts and review the financials etc. (called due diligence) they are not going to arrange showings, search, preview and research properties, provide comparables, advise on offers,"hold your hand" or even prepare the board package (without an extra charge). Anyone who has bought or sold real estate in NYS had to have used an attorney! PLEASE always have your OWN attorney do not "share" attorneys with the other party!
By the way there are also laws against unlicensed real estate practioners.
BTW - THIS is how the subprime mortgage crisis happened! People getting bullied by overly aggressive brokers. Don't fall for this nonsense. Or most of the posters below.
SELLER's AGENT is an agent who is engaged by a seller to represent the sellerâ€™s interests. The sellerâ€™s agent does this by securing a buyer for the sellerâ€™s home at a price and on terms acceptable to the seller. A sellerâ€™s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A sellerâ€™s agent does not represent the interests of the buyer. The obligations of a sellerâ€™s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a sellerâ€™s agent should (a) exercise reasonable skill and care in performance of the agentâ€™s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
BUYERâ€™S AGENT A buyerâ€™s agent is an agent who is engaged by a buyer to represent the buyerâ€™s interests. The buyerâ€™s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyerâ€™s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyerâ€™s agent does not represent the interests of the seller. The obligations of a buyerâ€™s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyerâ€™s agent should (a) exercise reasonable skill and care in performance of the agentâ€™s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyerâ€™s ability and/or willingness to perform a contract to acquire sellerâ€™s property that are not inconsistent with the agentâ€™s fiduciary duties to the buyer.
DUAL AGENT A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.
Our recommendation is to be up front and truthful....telling him you feel uncomfortable not having representation and you are not willing to purchase the property through a "dual agency" relationship.
Explain that you really like the home but are ready to consider other options because of the your uncertainty.
If he really wants to be part of a sale he should be willing to share the commision and welcome a second agent of your choice. If not......
The next thing for you to do is to find out if you and this property qualify for a mortgage loan.
With the increase in foreclosures lenders are taking a very thorough look at each building. Banks, like the one I'm affiliated with, are asking more in depth questions about the financial stability of the corporation that owns the building. Foreclosures in the building mean that the remaining unit owners have to make up the shortfall in the monthly maintenance not collected. Taxes must be paid and the corporation has to pay their employees and services that maintain the building.
If you don't have an experienced coop real estate attorney, the second step is to find one.
The attorney and your financing person can both recommend next next step, which may be to hire a "buyer broker".