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Can a Realtor refuse to show me a home because I don't have a Realtor of my own?

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GSD2009

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I requested to view a home this Realtor has listed widely on the internet, attempted to make an appointment via email, received a telephone call the following day and he states "I don't waste my time showing homes to people who don't have a realtor, this is a commission based business" - it doesn't state any of this of course in the listing ad, we just wanted to look at this house as we are planning to buy within 45 days as we stated, he refused to show us the house unless he "became our Realtor"???
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August 15 - Forney
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Tina Carter, "Tina Carter"

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OK, obviously the comments from Realtors we are getting here are NOT from Texas. IN TEXAS THE SELLER PAYS THE COMMSSION FOR THE BUYERS AGENT AND THE LISTING AGENT ON RESIDENTIAL! IT IS RARE THAT A BUYER PAYS COMMISSION.

If you had read everything, you would have seen my comments about showing the home with or without a Realtor. Why do you have an attitude with me dude? I am trying to give advice from my state which you obviously know nothing about. I am a licensed Realtor in the state of Texas. Are you?

I don't care if you agree with me or not. It's not about you, it's about the person who is asking the question. Calling names and blurting out accussations is a small example of why some Realtors get a bad reputation.

I wish the best for the person(s) asking the questions and I apologize that you have been subjected to such unprofessional reactions.
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August 15
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Pasadenan

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Tina -

If you really mean "I was trying to stay away from the issue of commission(s)"

Then why did you write:
"...get a buyer's agent to represent you. This is at no cost to you"

In your first post?  By stating "at no cost to you", you brought up the commission issue and made it the central focus of the thread rather than the valid reasons a realtor cannot always drop everything to show a property.  And by your posting of your personal info, and stating you would have NEVER done that, you made it into an advertisment for your own business rather than about answering the poster's question.  You also violated Zillow's Good neighbor policy as it relates to self contact links and numbers, which was completely unnecessary as every profile avatar links to the person's profile where that kind of information can be referenced freely.  Of couse I didn't bother to flag it as it is clear that you haven't read the policy, and I really don't care.

But it is not "about the person who is asking the question", when you keep making it all about you.

And if you are really going to "wish the best for the person", why don't you put your money where your mouth is, and put $100 in the mail to them?

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August 19
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jack barry, "RedRider"

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This is in response to Pasadenan's comment about my first comment.

Pasadenan:

What I would have said, were I the listing agent:
"I don't have time for a special showing for your "future possible purchasing scenario". ... The hous will next be open to the public on xyz date, at which time you are welcome to visit....
...or send me an email, and I will reply, the next time I have an open house."

+++++++
Where are you, Pasadenan...on "Dual Agency"?

jb
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August 19
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Pasadenan

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Jack -

Unless the realtor blatently violated the "fair housing act", I can't imagine anything that would make it "illegal" in any state for a realtor to claim they didn't have time to show a specific person a given property.  As I've stated before, I've seen many properties advertised that people couldn't get in to see no matter how much they wanted to see them, simply because they didn't qualify.


And from the original post, the agent didn't stted to "go and find yourself an agent first", but rather, stated their policy was to require a buyer's agent agreement before they personally showed property.  That is not illegal either.

But I guess it your standard practice to show $8 million homes to every college student that makes under $10 per hour, since you are afraid you will be sued for racial discrimination otherwise.  (Or in your area, it may be a "sexual orientation" lawsuit, which would not be applicable in most of the country).

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August 19
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jack barry, "RedRider"

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I am just now seeing the exchange that quotes the "testy" realtor who says
they don't show to unrepped prospects...

That is bizarre...It is also probably against the state law of the state where this happened.

It, also, obliquely alludes to "Dual Agency" and its ramifications... ... It implies, maybe??....that the listing agent was pitching to be also representing the prospective buyer. (in a stupid way.)...

I am sure that the listing agent didnot have the right to tell the prospect  "Go hire an agent, first."

jack barry in S.F.
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August 19
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Tina Carter, "Tina Carter"

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I agree with TWB which is why I was trying to stay away from the issue of commission(s).
 
I am glad your agent was able to work it out with the listing agent to show you the home. I would hope that we could all be this easy to get along with.

Like I said before, there seems to be a lot of animosity between Realtors on this subject and I was trying very hard to keep it professional. We Realtors can go on and on about what we think, feel or believe. In reality, this website is suppose to be there to help you, the client/customer.

Again, I apologize for the back and forth on this.
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August 19
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Iwona Wojcik, "iwona76"

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I am not sure how it works in Texas but in NY I would be more than happy to  show you the house of the Sellers that I am representing. My job is for my Sellers to get their house sold.
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August 19
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Pasadenan

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Yes, it is true that there was no need to mention that the Realtor commission is "FREE", as it had nothing to do with the question, and just makes people mad because they feel like they were ripped off, manipulated, and lied to.

However, "commissions" may be part of the reason the seller's Agent refused to show the property, thus commissions in general are part of the discussion, especially when the "procurement clause" has specific legal implications and case history in specific areas.
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August 18
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When we found the home we ultimately purchased we notified our real estate agent and they contacted the selling agent and the selling agent showed us the house because our agent was going to be out of town for a few days.  We came back later for a second look and our agent came with us that time.

Can the selling agent refuse to show a house without you going through your agent to get to them?  If they wish.  I'd assume they've been burned a few times by "buyers" who weren't really interested.  Perhaps if you use our strategy you'll have better luck.

As to the rest of the discussion, it seems like a lot of this could have been avoided if the discussion regarding commissions was not inserted into the dialog.
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August 18
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Tina Carter, "Tina Carter"

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Answer for Realtor Bob.
As you know every state Realtor association has its own guidelines that establishs procuring cause, none of which are fast and hard rules. Some facts carry more weight than others. Most times, it depends on whether the buyer has signed an exclusive buyers/brokers representation agreement or not. 

If the buyer signs one of these agreements and another agent closes the transaction, the agent with the signed agreement usually ends up earning the commission. Procuring cause is complicated and the outcome is not always predictable. It has been the source of many battles in our industry in Texas as I am sure in all other states.

Unfortunately, I have run into circumstances where Realtors (usually part timers or even family members), have told their buyer to go ahead and call the listing agent to show them the property.....while asking their buyer not to sign anything and/or not disclose to the listing agent that they are working with an agent.

For this very reason, most Realtors in Texas will not show a property at all without a signed buyers/brokers representation agreement.

It can get a bit "sticky". Although I always ask a buyer if they are working with a Realtor, they are not always forthcoming based on what they have been told to do, or a lack of knowledge about such a complicated issue.

In Texas, some listing agents advertise in the private remarks of the MLS something such as: "I will be happy to show your buyer for 1% of your commission".  This comment is also debatable.

It is complicated and many battles have been fought over commission(s). Maybe better buyer education would be helpful.

Because this issue is so complicated, I chose not to "go there" in this conversation. Apparently, this particular buyer already had an agent they were working with who was not available at the particular time they wanted to see the home. I suggested the buyer wait until their agent and themselves could work out a schedule. If scheduling can not be worked out, then his/her agent may want to consider asking an agent within their own office to show their client for some small compensation.
This is a general covering on this issue at best. There are just too many details and issues that can and do arise about procuring cause. I do my best to screen potential buyers who want to see my listings; however, as stated before, I work for my seller and want to do my best to sell their home. If there is the slightest of possibility that a buyer is qualified to purchase my seller's home, then I will show it to them.
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August 18
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Bob Mehlick, "RealtorBob3"

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Hi,
I am a Realtor in Dayton, Ohio (20 years). I certainly can't comment on the laws of Texas, but I can tell you how it works in Ohio. In Ohio, as a real estate agent I am a self-employed independent contractor who is associated with a broker and a brokerage. If I do not wish to stop what I am doing and go show one of my client's properties because of a cold call, I am certainly under no obligation to do so, especially if you are working with another agent who is representing you.

On the other hand, good business practice would dictate, that since my client hired me to get their home sold, and I have a listing agreement with them, that I would make every effort to show the property or if I had other appointments, find another agent who was available to show the home.

In Ohio, the possible problem arises later when your buyer agent shows up with an offer from you and an expectation to collect a commission. This is where "procuring cause" comes into play. Unfortunately most homebuyers have no knowledge of this real estate term. In Ohio, the agent who shows you the home is the one who earns the commission.
Your agent can represent you all they want but if the listing agent or even another agent shows you the house then there is no obligation to pay your buyer's agent any commission. There are possible exceptions. At open houses the buyer should register their buyer agent's name and company with the agent holding the open house.
 
"Procuring cause" issues can result in very ill feelings between agents. Commission disputes between agents are generally of no benefit to you as a buyer. You quite naturally are under enough stress just wanting to purchase a house. I personally choose to cooperate with other agents if at all possible. That is just good business. On the other hand, I don't really want to spend my time doing another agent's work and then paying them a commission for the privilege of servicing their client.

Tina, is this true in Texas?

Bob 
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August 16
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Jo Alonso, "joalonsoREALTOR"

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If you are calling me and it is my listing, It does not matter to me whether you are represented by your agent at this time.  What is important to me is that you get to see the house of the Sellers that I am representing. My job is for my Sellers to get their house sold and it means I have to show it every chance I get.  If you end up wanting to buy the house, I will advise you to get your Buyer Agent or I can refer you to one.  In the State of Kansas, I cannot be Dual agent, meaning representing both sides ( Seller and the Buyer) unless both parties agree in writing that is acceptable to them that I convert myself to a "transaction broker".

I have shown many times to "cold" calls to customers who in the beginning did not think they needed their own exclusive agent to listings that most of the time are not my own, since they can access these listings of the MLS through my website www.JoAlonsoRealtor.com
After I explain to them what an exclusive buyer agent will do for their cause, I end up being their agent.
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August 16
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Pasadenan

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Buying a house is not just like any other purchase.  If an automobile dealer advertises a specific car at a specific price, they better either have the car and be willing to sell it for that price, or paperwork showing they already have a buyer that has purchased the car since the advertisement, or that the buyer is in process of purchacing that car.

And if it is a more generic advertisment, such as a specific model of telivisions being sold at a particular price for a given sale period, they better have a reasonable quantity on hand, or be willing to sell an "upgrade" for the same price, or be willing to give "rainchecks" to those that were not able to get the advertised item, AND they better sell it for what they advertised it for to anyone that asks that brings the funds to make the purchase, or the consumer affairs department of the state will likely fine them, prosecute them, and still make them provide restitution to the customer.

But a house is entirely different.  It is usually a private party selling their own private possession, rather than a "company" or "manufacturer"; AND, there are a multitude of considerations for accepting offers, not just "price".  Some of those are the contingencies, some are the financing ability or cash, some is the "earnist monies", or other evidence of seriousness.  Some is the length of escrow, or the ability to stay in the house until a certain date, or the ability to close by a given date.  Some is the likelihood of potential required repairs, or lack of request for those repairs.  Sure, they cannot discriminate on items outlined by the fair housing act, but there is no requirement to state why an offer was not accepted, even if it exceeded the list price and was all cash with no contingencies, even if no other offers were received for over 60 days after the offer was made.

And really, most houses are not "cookie cutter" models; they are each unique, and even if not a unique floor plan, they are uniquely situated.  Thus they don't fall under the same advertising rules of typical retail sales business regardless.  There is no "substitute" to offer at the same price if the one has sold, or if the owner changes their mind and decides not to sell after all.
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August 16
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Pasadenan

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"I'll take that marginally effective agent to the cleaners at the negotiation table" --

Yes, that would make sence if there is any real possibility that the caller was a serious buyer with a real potential to buy.  And the seller would expect it, and it is to the seller's agent's advantage to move the property as quickly as possible if there is a potential buyer.

However, not everyone that calls is "serioius", and I think most Realtors can tell the difference between someone that knows what they are looking for and is in a position to make an offer and someone that is just surfing the market to try to determine what their price range is, or worse, is just trying to take people's time for some other hobby (such as photography, or architectural student).  It is not worth dropping all other commitments just to solicit every lookie-loo that comes along.  On the otherhand, if it will gain you a client and possibly some referals, it may be worth the investment.

Still, it is up to each individual realtor to set their own criterion, as long as they don't violate the fair housing act, and as long as they respect any contractural relationship the person may have with another realtor.

Perhaps it really would have been easier for the Realtor to have stated they would be at an openhouse at a different location for both days, and that they would probably be better off having their buyer's Realtor show them the property???

OR, perhaps the person really stated they didn't have a Realtor, and the Realtor's standard practice is to not show potential buyers properties until they have an agreement to show properties?  Without an agreement, one may get a realtor to show them 35 properties over 2 months, and then when they see the one they want, just go to their "friend" and have them write up the offer leaving the one that showed the properties without any compensation, and the person writing the offer collecting the commission without doing the majority of the work.  Sure, most people won't do this to someone that was clearly working for them; but there are many that will.

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August 16
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Cory Ure, "CoryUre"

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Yes, a Realtor can refuse to show you the home just like any businessperson can refuse to sell you something. However, if the home is occupied there are no laws preventing you from walking-up to the door and talking to the homeowner directly. Dollars-to-donuts they'd like to know how the Realtor they've hired to sell their home for them isn't selling their home for them. In fact, from the sounds of it you'd be doing them a favor letting them know how their Realtor is turning down potential buyers because he's more worried about his potential income (and I say potential because he doesn't make any money unless that home sells) and less about his client's needs and situation.
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August 15
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Jay Thompson, "PhoenixRealEstateGuy"

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Leaving aside the argument of who pays what (ultimately the buyer pays, I don't care what column it's in on the HUD-1), the answer to the question "Can a Realtor refuse to show me a home because I don't have a Realtor of my own?" is yes. No Realtor is obligated to show a home to anyone. Period.

Granted, many listing agents will show their own listing to an unrepresented buyer. But they certainly don't have to.

I abhor dual agency, so the only way I'll show a listing to an unrepresented buyer is if they sign a document stating they understand I represent the seller and the seller's interest only.

If someone has an agent but they can't show them one of my listings for whatever reason, of course I'll show it to them and instruct them to get with their agent to submit an offer. I wouldn't consider that "wasting my valuable time", as my primary responsibility to my seller is to sell the home. If that means showing it to someone who is using a marginally effective agent, so be it. The beauty of doing that is I'll take that marginally effective agent to the cleaners at the negotiation table -- helps get my sellers home sold for top dollar -- which is what I get paid to do.
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August 15
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Beverly & Robert Meaux, "Agents Clients Refer"

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Hi GSD2009,

To answer your initial question. You can see a home without a real estate agent or a Realtor. You reached a bad agent if that was the comment he used. Now, later on in the post you said you "do have a Realtor, they were unable to view the home with us this weekend, trust me, we wouldn't dare purchase a home without a Realtor - I forgot to mention that in my initial question".  This changes everything. We always ask if a person has an agent when we get a call because the issue of procuring clause comes into play. If you have an agent and you plan to buy from just that agent, then that's the person who should show you the house. In New Jersey, if I show you the house as the listing agent and review the Consumer Information Statement that reviews agency types with you and we cross the door of the house, then your agent can have a very hard fight to come back and want to write the offer for you. Many agents don't want to deal with this battle, thus if you have an agent we want you to honor that and go through your agent and definitely go see the house. If we take you, you just wasted our valuable time if we plan to honor your relationship with your agent. Many people don't understand agency and have agents running all over the place only to never work with them. It's part of the being a real estate agent unfortunately.
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August 15
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Tina Carter, "Tina Carter"

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Get over yourself.
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August 15
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jkonstant

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I don't care where anybody practices real estate. The commission is from the seller's proceeds on the settlement statement only. The buyer pays it just as they pay all the seller's closing costs. The buyer brings the money and the settlement agent distributes it. If the "dude" from California's gasoline tax example doesn't get through, how about this. Who pays the Wal-Mart employee's wages? I believe it is the customer. Do Buyer's Agency agreements have a little place to write in commission to cover any shortall? The practice of variable commission used by many listing agents costs buyer's, using buyer's agents, to pay more. Finally, when I sold my home last year my pricing and counter offer were based on paying a buyer's agent. Yes it came from my pocket but only after the buyer brought it to me. When I bought a short sale this year, the seller (lender) calculated the commission when deciding whether to accept, decline or counter. I suppose you are right when you say a buyer's agent is free. They are until you actually buy.To the original poster, state law may have prohibited him from showing it to you, I don't know. Except for the fair housing restrictions alluded to above, agents can refuse to show homes. Not necessarily the best way to do it, but there can be good reasons, some of them mentioned above already. As for your own agent being unavailable, I'm sorry, I think it is bad business to be unavailable. He or she should have made the appointment for you and had another agent from his/her office take or meet you there. Of course had you decided to have the substitute agent draw up an offer your agent might actually have to share the commission. Gotta love all the greed in our business.
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August 15
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Pasadenan

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Let's see; only one person commenting on here claims to be a realtor at all; yet Tina writes "obviously the comments from Realtors we are getting here are NOT from Texas", so I guess that means that she believes the only realtor that has responded is not from Texas; but she claims she is from Texas, so she contridicts herself.

So, which would you rather believe, those that do business with realtors and are speaking from experience, or a Realtor that contradicts herself, or is possible just confused since she isn't reading carefully?
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NTETS, "Caveat Emptor"

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i have this "attitude" toward most agents who mislead people the way that you are doing. "free to you" is not so free, even if the 6% fee is the same with or without a buyer's agent. contracts are negotiable, and honestly i can be pretty sure that even in texas, no single realtor would collect 6% in such a situation(if i were to sell a home in texas), although i would make that clear at the beginning of the contract
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August 15
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jkwast

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Make him your realtor
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Pasadenan

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Yes, "paid by the seller" from the money the buyer pays, just like the fuel dispensing company pays the Federal Gasoline tax from the money the person purchasing the gasoline pays.


But you are correct, the seller is in real trouble if there is no equity in the house.  Then all the proceeds go to pay off the loans, and the seller must find money out of their own pocket to pay the 6% sales commissions.  Under those conditions, it would be better to write a quit-claim dead to the lender, have it recorded by the county and walk away.
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NTETS, "Caveat Emptor"

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out of what tina? their pocket? or is it included in the buyer's mortgage and amoritized? i will grant you that the seller's bottom line is almost always the amount owed + the seller's fees + the agent's fees, but the point is that it comes down to this. the seller doesnt put any money into the pot you get paid from, not even in texas.
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Pasadenan

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Ever noticed that the original post question stated that the individual was refused because he stated "I don't have a Realtor of my own", but then stated,

"We do have a Realtor...we wouldn't dare purchase a home without a Realtor"

So, was the question even a real situation in the first place?

Or perhaps Tina is right that the seller's agent didn't refuse due to him "not having a agent", but because he HAS an agent who is responsible for the showing?
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NTETS, "Caveat Emptor"

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i dont know about texas, as i live in washington, but in washington, the most standard practice is that the agent will recieve only a 5% commish on dual agency. i have seen it as low as 4 for a standard exclucive agency agreement and have also seen sellers negotiate their agents down to 3% after the offer came in, which should be pointed out they are not required to do.
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NTETS, "Caveat Emptor"

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tina, you are full of bullchips. first of all the seller does NOT pay your commission, the buyer does. the money comes out of the buyer's pocket. if the buyer wont cough up, you dont get paid. that is quite clearly the series of events.

next, oftentimes as a seller pays 1-3% less on commission when a buyer's agent is absent in the deal, the offer is still considered to be a stronger offer.

third, if the buyer submits an offer, agent or not, even in texas, the realtor is required by law to take that offer to the seller who can agree, counter or decline to counter. i never in a million years would reccomend a buyer go in without an agent and just begin offering full price at "the high end," who would? but why are you so sure that my offer will be refused unless a "qualified" agent presents it?
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Pasadenan

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Beaumont is 90 miles east of Pasadena along the Interstate 10 freeway regardless if you are in California or Texas; so what difference does it make what state you are trying to solicit business in?  It is true that the question was about agents in Texas, but I did not indicate any state and my comments applied to anywhere in the United States.  And no-one said I wasn't from Pasadena Florida either.

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Pasadenan

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"The seller is not likely to lower the price for you when there is no buyer's agent. Quite the contrary to this statement......... I have found that even when the home is for sale by owner, the listing price tends to be on the high end." --

Exactly what I said:

"But even if you don't have your own agent, you will have a difficult time getting any of that money back.  Someone else will still gladly take it."

Usually, it goes to the seller's agent if you don't have a buyer's agent.

They get you coming and going, almost regardless of what you do.  But a few agents will save you (or make you) substantually more money then they cost.  But then there are those that will not only cost you that much money, they will loose even more than that for you in the transaction in time and resources.

And even if you pay the fee and take the test to become a realtor to get that percentage yourself, a realtor still needs a broker, and many brokers take 50% of the commission.
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August 15
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Tina Carter, "Tina Carter"

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One more thing, CA laws are different than Texas. The market is not even close to being the same so I am not sure why you are talking about the TX market when you are from CA.
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