The question is: Am I legally obligated to work/bid for house using the first re buyer agent that showed us the house twice? We did not sign a buyers agreement or any other contracts. Any lawyers on the site that can help answer this question? -I provided the mls#s/houses that I wanted to see. She didn’t find them for us. She scheduled the tour only. -After a few weekends working with her, we feel... [more]
The question is: Am I legally obligated to work/bid for house using the first re buyer agent that showed us the house twice? We did not sign a buyers agreement or any other contracts. Any lawyers on the site that can help answer this question?
-I provided the mls#s/houses that I wanted to see. She didn’t find them for us. She scheduled the tour only.
-After a few weekends working with her, we feel that she didn't know the area and didn't answer any of our questions or followed-up with us. We felt that she was dishonest as well.
So we decided to use another buyer agent and have not met with the 1st agent for close to two months now. We told her that we are looking at other areas. However, we wanted to bid for a house that the first agent showed us. Would that be a legal issue? We did not sign any buyer agreements or any other contracts. We feel that the new agent is very familiar with the area and has better Negotiation skills. We don’t trust the first agent anymore and feel that she cannot negotiate this deal for us.
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Response by NWT
over 15 years ago
Posts: 6643
Member since: Sep 2008
The problem is between the three agents, not you.
Have you told your second agent about your first agent? Maybe she can continue to negotiate for you on an hourly basis, since she's unlikely to get a split on the seller's commission.
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Response by kylewest
over 15 years ago
Posts: 4455
Member since: Aug 2007
The first agent's claims are against the seller who is supposed to pay them a commission--not you. If you buy through a second agent and the first shows up at the closing (or after) and makes a claim against the seller, that is for the agents to work out. You do have an ethical obligation to disclose to the second broker that you were introduced to the property by another agent. That may even be a legal obligation, but I don't know. Legal, in the sense that if you hide that fact from the second broker, that person could have a potential claim against you if they don't get a commission later (since it would go to the first agent or be split between them). I don't know how this second part plays out.
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Response by andwin
over 15 years ago
Posts: 80
Member since: Jan 2008
More of an ethics issue I'd say.
I think you know what the right thing to do is. You just want to know if you can get away with NOT doing the right thing.
I guess my question would be - If you're doing all the research yourself why are you in a relationship with a buyers broker at all? Why not just contact listing agents yourself?
Fortunately for you, ethics is not a factor in Real Estate.
As the saying goes...
"All's fair in Love War and Real Estate"
good luck.
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Response by RE_PRO
over 15 years ago
Posts: 161
Member since: May 2009
Yes, I have told the second agent about the first agent. I would like to bid for a house that I saw over 7 weeks ago. Can this be a issue for me in the future?
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Response by RE_PRO
over 15 years ago
Posts: 161
Member since: May 2009
Thanks Kyle, I have no reasons not to tell the second agent all the details by email. She is aware of the first agent. I have no gain from my perspective whether it is the first or second agent. The second agent is just more knowledgeable of the area and skilled. This is not an ethical issue. It is more of doing the job properly. I wasted a lot of time too and don’t want to waste more.
The problem is between the three agents, not you.
Have you told your second agent about your first agent? Maybe she can continue to negotiate for you on an hourly basis, since she's unlikely to get a split on the seller's commission.
The first agent's claims are against the seller who is supposed to pay them a commission--not you. If you buy through a second agent and the first shows up at the closing (or after) and makes a claim against the seller, that is for the agents to work out. You do have an ethical obligation to disclose to the second broker that you were introduced to the property by another agent. That may even be a legal obligation, but I don't know. Legal, in the sense that if you hide that fact from the second broker, that person could have a potential claim against you if they don't get a commission later (since it would go to the first agent or be split between them). I don't know how this second part plays out.
More of an ethics issue I'd say.
I think you know what the right thing to do is. You just want to know if you can get away with NOT doing the right thing.
I guess my question would be - If you're doing all the research yourself why are you in a relationship with a buyers broker at all? Why not just contact listing agents yourself?
Fortunately for you, ethics is not a factor in Real Estate.
As the saying goes...
"All's fair in Love War and Real Estate"
good luck.
Yes, I have told the second agent about the first agent. I would like to bid for a house that I saw over 7 weeks ago. Can this be a issue for me in the future?
Thanks Kyle, I have no reasons not to tell the second agent all the details by email. She is aware of the first agent. I have no gain from my perspective whether it is the first or second agent. The second agent is just more knowledgeable of the area and skilled. This is not an ethical issue. It is more of doing the job properly. I wasted a lot of time too and don’t want to waste more.
And what was the second agent's reply?