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If I approach a home owner who was on the mkt 30 days ago, do I need to contact their former agent?

There's a home that my boyfriend and I are interested in buying, but we didn't want to do a contingent offer until we got a contract on our house.  The house went off the market Mid-August.  We now have a contract and would like to put in a contingent offer.

Should we contact the home owner or do we still need to work with the agent they had at the time?
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September 21 - Marysville
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It is not entirely that cut and dry.  While you may not have to contact the agent, the seller may still owe a commission to the agent. The listing agreement they signed has a clause in it regarding sales after expiration if the sale is related to the broker's work.  In laymens terms, you found the property when it was listed, because it was listed and it sounds like you viewed the property too.  I would contact your own agent  to protect yourself.
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September 21
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Mack McCoy

Seattle WA

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You can debate it all you want, but if Kimberly didn't find out about the house while it was listed, it wouldn't have mattered what her situation was before it went off market, would it?

- If that were the case,

Here in the NWMLS, that is the case.
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September 22
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We can debate the all too often liberal interpretation of procuring cause on another thread. Nothing in Kimberly's post/question indicates the listing agent as how she came to know about the home. All she states is that is was on the market. She could have discovered this any number of ways without the listing agent's efforts. Beyond that, it is a bit unreasonable to take procuring cause as far as has been mentioned. If that were the case, then we could make the case that if we list a home and place it on the MLS (agent's effort), place a sign in the yard (agent's effort) and an ad in the local paper (agent's effort) then the listing agent is the procuring cause if a buyer sees any of their efforts.

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September 22
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Mack McCoy

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No, you don't.

The Sellers probably do have a contractural obligation to pay their agent if you buy the house, which is different than your having to have anything to do with that agent.

- As far as the prior listing is concerned, the above posters are referring to "procuring cause". 

The listing contracts used by the NWMLS specifically cover this, and Kimberly has acknowledged that they became aware of the property while it was listed, which pretty much answers that part of the question.

So we have separate issues here: the Buyer need not contact the listing agent, the Seller will owe the Listing Broker and Selling Broker (if Kimberly is represented by one) a commission.
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September 21
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Kimberly, you have indicated that you want to write an offer now, so to me that ssumes you have already seen it when it was listed. Is that the case? 
If so, you should ask the seller is if they signed a standard NWMLS listing agreement when it was listed. The default language in the NWMLS listing agreement says that seller is to pay the commission "to any person whose attention it was brought, through the signs, advertising, or other action of Broker, or any information secured directly or indirectly from or through Broker during the term of this agreement".
I'm certainly not an attorney, and I'm not sure if this language even pertains to how you saw it..But you should find out if the seller signed that standard listing agreement before moving forward.
I am not advocating that the listing agent needs to get paid, but if I were you, I just would not assume the seller knows for sure. It could become a mess if the listing broker finds out during or after the fact. Again, good luck :-)
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September 21
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Call the owner. Let them know you are interested and that you have a home to selll that is currently under contract. Let them know that if you come to a basic agreement, you will have an attorney draft the written contract. If they are agreeable to this, then move forward. You may be able to get a realtor to handle the contract for a fraction of what they might otherwise get as a true buyer's agent.

As far as the prior listing is concerned, the above posters are referring to "procuring cause". Did the efforts of the listing agent get you to this point. If all you saw was an ad, then no. If you saw their sign or something on the internet, again no. Procuring cause is a bit more than havng known it was for sale. Procuring  cause issues vary from state to state, but I would not worry about it unless of course you had previously contacted the listing agent, asked some questions and had them show you the house. Broker protection clauses(or other similar terms) found in listing agreements and carry expiration dates. Usually 30-90 days though I have seen them as long as 6 months. But they do no guarantee a commission to any broker/agent indefinitely. The seller may already know the answer.
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September 21
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If you found the property from the advertising of the listing agent, and it was just 30 days earlier listed, the listing agent will likely be entitled to a commission from the seller if you write an offer. It's up to you who you contact, but it's important to be aware of this. The seller might offer you a lower price not accounting for paying the listing agent, and then end up in a dispute with the listing broker....so for all of these reasons and more, I would get your own agent in touch with the seller or past listing agent and make sure everything is done the right way. Good luck!

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September 21
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Call the owner directly but it is advisable to use an agent for the contract. you can use just a buyers agents for you and try to get the seller a discount on feesor the seler can get a new agent or contract for themselves.
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September 21
 

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