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If I have the listing agent show me a house do I have to use them if I decide to buy it?

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September 20 2010 - Lees Summit
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Profile picture for user4130081
I have a somewhat related question.

We have a buyer's agent who showed us a couple of houses in nearby towns.

Now,  (to be in our budget  and get more home),  we found a house which is a little far from neighborhood.  The house looks real nice (photos, description  and drive by) .

I do not want to make my travel that long just to show me the house (and then if it does not work out).   Can we call the listing agent requesting to show and tell him/her that we do have a buyer's agent should we decide to move forward ?    I would have used an Open House opportunity to see it  but they do not have a OH this weekend. 
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August 07
Procuring cause involves more than just showing a house.  It is a series of events that eventually leads to an offer and eventually a closing.  For a more detailed explanation this site does a decent job:
http://homebuying.about.com/od/realestateagents/qt/Procuringcause.htm


Regarding aBa03's question about dual agency:  yes, it is advantageous to the dual agent because they get both sides of the commission.  It is just that it is a very tough position to be in sometimes and if things get complicated during negotiations, the dual agent, at least in NJ, can only act as a neutral party and not really act in a full advisory capacity to either buyer or seller because of strict rules of confidentiality and neutrality.
This is why for most buyers and sellers, dual agency is not ideal for them.
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September 21 2010

One issue has been missed in all of the answers - procuring cause.  The listing agent showed you (the buyer) the home so has procuring cause.  She technically/ethically/legally does not have to split the commission with another agent who now shows you the home.  So, before you sign a contract with a buyer's agent, make darn sure that you tell that agent that you have already viewed the home so that he/she can call the listing agent to discuss the situation.  You may end up paying your buyer's agent out of your pocket if you don't.

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September 21 2010
Profile picture for aba03
I've heard that the seller agent can be a double agent: seller's and buyer's agent.

Tony Yollin wrote: 
..."Nobody owns a buyer".  When you see a sign go up on front of  a house, that seller has signed a contract agreeing to pay a commission to that agency upon the successful close of escrow. The lsiting agent in turn agrees to share that commission with any agent that represents a buyer. ..."

A question to all the real estate agents out there:

If the seller's agent agrees to share his commission with the buyer's agent, wouldn't it be better (from the agent's point of view) if he represents both: the seller and the buyer, that way he doesn't have to share his commission. In return to this favor: would he be more willing to negotiate buyer's offers? Does this happen in real life? 
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September 21 2010

I would just recommend that you make sure you find one agent you enjoy working with and stay the course with them. If you do not "jive" with a particular agent, you would be better off finding another.

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September 20 2010
Not unless you signed a buyer-broker agreement, but consider the fact the agent took their time to show you the property. I guess I would have to know what your reasoning is for not wanting to use the listing agent. If you want buyer agent representation that's understandable, but you should think about that before you have another agent take their time to show you the property. Interview agents until you find one you are comfortable with and stick with them.
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September 20 2010
Profile picture for sunnyview
No. You are not bound to them unless you sign an agreement. I would think about choosing an agent to represent you unless you feel educated and confident enough to negotiate on your own behalf directly with the listing agent. Otherwise, there is no advantage in using a listing agent for the deal unless you are getting a break or rebate on the commission. You are taking a risk for nothing especially if you do not know that the listing agent is an honest competent professional.
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September 20 2010
In the state of Florida, we can go from a single agent (list agent in this case) to a transaction broker in which case we are charged with being fair and honest in our dealings, responsible for escrow entrusted to us and holding in confidence the parties bottom lines. You can pick a buyer agent if you want to or have a friend/neighbor/relative who you want to help out, but anyone who says otherwise IMHO is casting a dim light on our ethics and professionalism. On the other hand, the state did see to it that buyer representation became part of the law.
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September 20 2010
As a Buyer, I would recommend having your own Buyer Agent to show you the house. However, if you choose to have the listing agent show you the house you are under no-obligation to use them as representation. 
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September 20 2010
Not unless you sign a buyer's agency contract with them. I would contact a well qualified buyers agent to have them look after your best interest.
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September 20 2010
We real estate agent's have a saying in this business. "Nobody owns a buyer".  When you see a sign go up on front of  a house, that seller has signed a contract agreeing to pay a commission to that agency upon the successful close of escrow. The lsiting agent in turn agrees to share that commission with any agent that represents a buyer.  A buyer, unlike a seller has no contractural obligation to work with the lisitng agent.
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September 20 2010
Unless you sign a buyers agency agreement with the listing agent, you are under no obligation to use them to represent you. 

You may want to look at the house with the real estate agent that you are going to use to represent you. They will be able to point out items that will affect the value of the property while they are showing it to you.




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September 20 2010
No.
Don't feel obliged to use any real estate agent that you meet or know for any particular purchase.
Make a well informaed choice, on your own, about which buyer's agent you decide to work with.
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September 20 2010
You don't have to use the agent but he/she did take the time to help you out.

However, best if you select a good agent in the area to show you properties and help you in your purchase. The agent will provide assistance at no charge to you.
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September 20 2010
 
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