Can a sellers agent refuse to work with a buyers agent if the house is a short sale and not listed?

Profile picture for mtonio
Presently, My wife and I have been given an opportunity to buy a house from a family member that is losing it in a short sale. The selling agent who represents the bank and the family member stated that they are only willing to represent both the buyer and seller in this deal. The agent stated that "he had no problem in our buying agent in looking over the paperwork, but is not willing to work with our agent in spliting the commission because he has been working on this house for 9 months and the house is not listed as a house being sold.
  My question is this illegal for the selling agent to refuse to work with another agent, even though the house is not listed. Please be specific and refer to any laws that may shed some light on this situation, thanks.
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August 15 2009 - Los Angeles
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Answers (4)

If the listing agent withholds a property from the MLS it must be with the sellers permission. This is a silly way to do a short sale but your relative has bought off on it. If your relative didn't elect to withhold from the MLS and only accept offers from the listing agent...

I'm not in the L.A. market so don't know if there are enough prospective buyers and a dynamic enough turn to permit this sort of restriction of propective buyers. Off hand it seems irrational and self-serving,
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August 17 2009
I agree 100% with Heather. In fact, the owners can refuse to sign any short sale docs that they want to. The owners are in the driver's seat and must give approval for it to go to the bank. The owners can, and it is perfectly ok, to only approve you for the sale.

I would also recommend that the owners claim breach of contract to their own agent's broker, who is the the boss of this listing agent, and request that the contract ends immediately.

What the owners will probably get is a very cooperative listing agent, or a new listing agent out of this. The broker may also reassign the listing agent to one that will better represent the owner in order to save his commission.
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August 16 2009
Profile picture for azrob
slept through real estate class Heather?

The listing agent has to work with other agents, but has no obligation to pay them, unless an offer to pay is made in the form of a cobroke on the listing, or in some other form.
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August 16 2009
Profile picture for lvexpert
I would speak to the listing agent's broker.  If he is unwilling to present any and all offers to his client and pay a commission, the agent is not acting in the best interest of his client and breaching his fiduciary responsibility.

Get on the phone and call the listing agent's broker.  If the agent is a broker, call the local real estate division and file a complaint. 
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August 16 2009
 

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