Are we obligated to use the agent that showed us the house we want to buy?
(0) | asked by: Jean Anderson | share | 20 months ago | Report
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Hello Jean, Let's break this in pieces: 1.- Do you have an exclusive contract with any agent? If Yes you should use that agent If no you might want to talk to the agent who showed you the house and address you concerns and improve the relation for the purchase. 2.- You could talk to the listing agent of the property, let him or her know you want to buy the house however this other agent was the one who showed that property initially and you don't feel comfortable or the relation did not work. You respect their work done and you wish the listing agent does to but you prefer to be represented from somebody else. That way everybody is recognized for their work done.
There are several requirements which will determine if you were the procuring cause. Check with your Association or State legal to see if you meet the guidelines.
Of course you need to make sure if you have signed any agreements with this agent, if so, you may have a contractual obligation. More over, I am never an advocate of trying to encourage people to jump from agent to agent. Have you tried talking to them, sharing your concerns? I know I always appreciate when people let me know how I can better serve them. Sometimes it is just a misunderstanding that can be easily corrected.
Did you not get along with the agent who showed you the home? Do you think they are incompetent and cannot get the job done? Why else would you NOT use that agent?
It depends if you have signed a exclusive buyer broker agreement with the agent. Because this may entitle you to pay a commission if you used the other agent that are in the OPEN HOUSE. Typically, Buyer's DO NOT PAY ANY COMMISSION to your agent SELLER's does. But if you signed an agreement with another agent and the different agent represented you to close a transaction, you will be at risk of paying a commission. SO BE CAREFUL.
It depends if you signed a buyer broker agreement with your buyers agent or the agent who showed you the property. If you didn't (chances are you did not) then you may not have to use the agent. That being said there is procurement which may entitle the showing agent to the commission putting you at risk of paying a commission twice. Be ware.
Im curious, why are you asking this question?
Probably not, but it is a rather complicated situation to be worked out between the agents as to who is the "procuring cause" and who has earned the commission. The California Association of Realtors Member Legal Services has written pages and pages addressing this type of issue. A couple of relevant points are the buyer's choice and the broker conduct. An excerpt about buyer's choice: "Buyer is dissatisfied with Intro Broker due to the broker’s professional abilities or conduct. Examples could include misrepresentations or failure to disclose, lack of knowledge with an area or type of property, being non- responsive to the client/buyer by failing to be timely or return calls, disclosures of conflicts of interest, self-dealing or negotiating skills." An excerpt about broker conduct: "Closing Broker asked about buyer’s relationship with another broker early in the process and determined there was no existing contractual or exclusive relationship between Intro Broker and the buyer." Be sure to honestly advise either agent about what is going on and you should be OK.
No you are not obligated to use an agent of you don't want to. However if the property is listed by an agent you need to be shown the house by that agent. It's recommended to use an agent due to you don't have nothing to lose because buyers agents get paid by the sellers if end up purchasing the house. Also the agent will shall watch your best interest by doing their marketing analysis , and required disclosures to protect you . Hope this helps
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