Profile picture for Gbvchickadee

Can I still get a buyers agent if I contacted a listing agent directly? Procuring cause?

So I think we did a bad thing. We don't have a buyers agent, but we called the listing agent directly to see the home. We are very interested in the house and want to make an offer. But, did we lose our chance to hire a buyers agent for ourselves? I read about something called procuring cause.... That just because we spoke with the listing agent, she showed us the house, answered questions about it and recommended lenders she will take the commission on the house....which is fine.. I don't care who gets commission , I just want to be fairly represented. But, from what I understand no buyers agent will touch us now... Help! Where do we go from here?
  • August 04 - US
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Answers (3)

Here is an excellent article on the subject. It could be a problem but I would call the agent that showed you the home and let them know how you feel and that you want representation from a buyers agent. If they want the sale then they should be smart enough to take something rather than nothing. They may have an excellent buyers agent within their brokerage as well. The buyers agent is required to show a fiduciary responsibility to you. Of course they also want your business and referrals down the road. Best of luck and congratulations.

http://homebuying.about.com/od/realestateagents/qt/Procuringcause.htm
  • August 05
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Many buyer agents would be leery of representing you because they don't want to take a chance on missing out on their commissions or getting into a legal hassle. Your buyer agent and broker could try and work something out in writing with the listing broker ahead of time. 
  • August 04
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Profile picture for sunnyview
I would start interviewing buyers agents ASAP. Be upfront about your situation with them and then let the buyers agent you choose them deal with the issue of procuring cause. 99% of the time one showing and some chit chat is not enough for them to double side the commission. 

The issue is usually easily resolved if you hire a buyers agent to iron out your one time mistake. Do not use the listing agent unless you feel comfortable or you could open yourself up to issues that you will not expect unless you are an experienced buyer. Better to have your own agent if you are new to homebuying.
  • August 04
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