Listing agent forces me to use a realtor to see the property?

Profile picture for user2643704
I tried to schedule a showing for a propery advertised on this site. The agent refused to show me the listing claiming"she is a seller's agent" I dont nee her to represent me, only unlock the door so I can see the property. Her response was I need to have a realtor in order to see the property. Is this so? This happened in Austin, Texas.
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April 05 2012
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Best Answer

Unless the seller specifically requested their agent not show houses to prospective customers, the agent has just violated her fiduciary duties to her client, the seller.

The agent you contacted has an OBLIGATION to show you the home (assuming you're "qualified" to purchase) and a refusal to do so puts that agent at odds with her legal responsibilities and could subject her to a valid complaint.

If she shows you the house, she simply has to provide you the Notice of Brokerage Services so you're aware she is not representing you but is merely treating you as a customer rather than a client.

If that happened to me, I would contact the seller directly either by phone or in person and let them know that you were interested in the house but the agent refused to show it to you.

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April 05 2012
Is this agent not holding an Open House?  That would be the time for you to see the house. Trying to go unrepresented as a buyer may be limiting and short sighted. And the theft comment below is right on the mark.

I appreciate that you have had bad luck with many agents you have been in contact with - all I can suggest is keep looking for one that you feel you can trust. I know of a really good agent in New Braunfels (I have used him personally) and I expect he sells in Austin as well. In most cases, you will pay more by not being represented....sort of like defending yourself in a lawsuit instead of getting a good lawyer.

Good luck.

BeachBrokerBill
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April 06 2012
User,

     You are never and should never be forced to do anything, especially getting hard closed on real estate. However, Most successful top producing agents would have asked you the right questions over the phone on first contact and set an appointment for you to come into the office so they can help you get what you want.

Listing agent or not, if your a pro you will do what it takes to earn the potential clients trust through a consultative approach that educates not intimidates. If I represented the seller, I would have referred you to one of my most trusted buyer specialists and you would have loved the service every step of the way. I too, would have maximized my service for you by not only getting you inside that house you want to get in, but providing an amazing realtor for you who only does buyer side transactions to guarantee your fiduciary interests were looked after,  Every State an place is different and so are the people you encounter along the way! Good Luck to You! I think you will be okay, keep reaching out with questions.

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April 06 2012
User, keep in mind that the real estate board (of which the listing broker and agent are members) may interpret the Code of Ethics differently, but since you're in Texas and I practice in Texas, lets assume that we are talking about Texas interpretations, of which I am very familiar.

The Code of Ethics is unambiguous on this matter but I've found over the years that many agents have a poor understanding of the COE which leads to considerable confusion in these types of matters.

If an agent refuses to show a qualified prospective purchaser a property WITHOUT the seller's direct instruction to the same, that agent is violating the Code of Ethics...specifically Article 1. Refusing to show a property under as stated above will (in TEXAS) be construed as failing to place your client's interests first.
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April 06 2012
Profile picture for Pasadenan
"I don't need her to represent me, only unlock the door so I can see the property" -

That is all thieves need to rob the house too.  The listing agent is not responsible for screening 25 thousand people that "might" what to see the house for who knows what reasons.  Nor reworking their schedules just so that you can get in at your own convenience.  They get nothing for "showing" the houses.  That is what the "selling agent" commission listed in the Multiple listings is for... the one that is going to spend the time doing the showings.

The listing agent typically does several "open houses" for each property they list.  If you really want the listing agent to show you the property instead of your own "selling agent", then you should arrange your schedule to show up at the scheduled open houses instead of expecting others to cater to your demands.

Having an agent that has a sepra lock box access device and appropriate local codes for the device, and that has typically already pre-screened their clients is a way to tell that a potential buyer is actually a "serious" buyer and has the potential to buy, rather than just a lookie loo interested in other things.

If you don't want an agent, it is not that hard to take the tests and get one's own license, and get ones own sepra lock box access device and local codes.
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April 05 2012
-  Her response was I need to have a realtor in order to see the property. Is this so?

Yes, it is so.

Regardless of anyone's feelings on the subject, if our User wants to see the property, and the listing broker has expressly stated that they're not going to show it, the User's only options are to get an agent to show it to them or to write an offer subject to interior inspection.

This is not illegal, and in many situations, perfectly ethical and proper. 
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April 05 2012
Hire your own agent.  Many bank owned property agents rarely if ever show property. 

If the property has a decent commission in it, you may get the buyers agent to credit you something at closing if he does not have to put much effort into the transaction.
Just a thought.

All the best
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April 05 2012
Profile picture for user2643704
Thank you for your answer. That's how I feel about it too.
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April 05 2012
Profile picture for user2643704
I have not had the best experience with realtors, being all pushy and impatient and not acting in my interest. I wanted to represent myself, I do have the contracts and believe I can write an offer myself. For me its not about the comission, I just did not feel well represented when I used an agent.
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April 05 2012
She has a relationship with the seller, not a prospective buyer, and is not obligated to show you the property.  If I was her, I'd show it to you myself and not exclude any buyers in this economy.

Why, however, would you not have your own agent to represent your interests?
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April 05 2012
Profile picture for sunnyview
Some agents do require that you have an agent. Sometimes it is because the listing agreement they signed requires they not be a dual agent, other times it is their preference.

You can interview to get your own buyers agent or you can choose an agent that offers a rebate like those on redfin.
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April 05 2012
 

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QuestionListing agent forces me to use a realtor to see the property?
  • Latest answer by BeachBrokerBill
  • April 06 2012
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