Profile picture for newhomeowner241094

Exclusive right to represent

We found a home, called three voicemails finally got a hold of realtor asked to see the house. She misinformed us on 6 things and we never signed an exclusive right to represent form. We later talked to the builder and they informed up she misinformed us and gave us the correct information. This is why we ended up buying that home. She is looking for commission now because she unlocked the door. Is that something that she can legally do being we had no obligation to work with her

  • April 08 2014 - Fargo
  • 0
    0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

 
 

Answers (6)

Commission disputes boil down to what is referred to in the industry as "procuring cause." The agent who ultimately caused the buyer to purchase the home and earned the commission is generally the procuring cause agent. That procuring cause agent might not be the agent who obtained the offer from the buyer, presented the offer and successfully negotiated the seller's acceptance of that offer. But it's often not the agent who simply first showed the home.

Every state Realtor association has its own guidelines that establish procuring cause, none of which are fast and hard rules.

  • April 08 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for blub blub blub
No buyers agreement, no representation.  Opening the door most likely would be considered a ministerial act.

Who wrote the offer?  Did this agent provide an unbroken chain of events that lead to a successful transaction?

Did the agent represent the seller, and if so, did she inform the buyer of dual agency and sign the proper forms?

There are a lot of factors involved to be entitled to commission.
  • April 08 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Unless you have a signed exclusive representation form, the realtor's only real recourse is from the seller.....who would have paid her commission regardless.  Even if she tries to get paid from you, you didnt have any binding agreement with her.  However, it does show poorly on her part to start suing everyone around ....... does not build a good reputation.  Best of luck and every success in the new house!
  • April 08 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for newhomeowner241094
Thanks Tim. Thats a great answer.
  • April 08 2014
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for Outer Banks N C
any action would be towards the builder and not you. I wish I got paid for every door I open but it does not work that way and some buyers never buy and so I don't get paid at all fro that work. That is the ups and downs of real estate.
  • April 08 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

If you didn't sign anything then she can't legally take any commission, however if she brought you to the neighborhood and the builder is paying out the commission she might be able to ask for one from them.
  • April 08 2014
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.