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Answers (7)
- jenmopo
- Contributions:36
Thanks for your input everyone. We have decided to have her continue on with the purchase of our home. I do believe she has our best interest at heart and I agree that there is still so much to do to purchase this home and having her by our side during this process will be an asset. Also, there is always the chance that this deal will fall through and we will be back to square one...looking for another house.
- Fydell
- Contributions:514
you say that it is a listed house with an agent representing the seller so you cannot negotiate diectly with the seller and the commission payable has already been agreed with his agent and you won't get any break.
Also assuming you live in a state where dual agency is allowed you will be dealing directly with the sellers agent. Do you really want someone who's original loyalty is with the seller to represent you especially as it is not going to save you any money. See what Justin says about the continuing tasks performed by your agent after the contract is signed.
Also assuming you live in a state where dual agency is allowed you will be dealing directly with the sellers agent. Do you really want someone who's original loyalty is with the seller to represent you especially as it is not going to save you any money. See what Justin says about the continuing tasks performed by your agent after the contract is signed.
- Hunter Family
- Contributions:24
It also depends on your state. I know in Ohio Procuring Cause could be claimed by whomever showed you the house.
- Justin Bowen, "jabowen"
- Contributions:69
I have "discounted" my commision with a client before. The only reasons that a Realtor should do so is because they are a return client, do a lot of business or are friends or family. I can see your point as far as finding the home yourself and going to preview it on your own, but that is not where our roles end. There are negotiations to be done, time lines to follow, inspections to be completed, and contracts to be explained and filled out to protect you there client.
A Realtor is to represent his/her clients with a fiduciary duty, same duty as an attorney. We are here to help guide and protect our clients. Another reason to use a Realtor, as told by clients, is that they always have someone to place blame on and point a finger at if something goes wrong. I don't like the idea, but it is really true.
I believe that in your case she should have made more effort in assisting you in viewing the property. As for finding the home first, that is not always something that we are able to do. In todays world you are almost as up to date on listings as we are. Maybe, it was a match to the criteria that you initially gave, etc. I have had a lot of clients that have seen a home listed somewhere before I was able to bring it to their attention, but I always go out of my way to show it to them.
You are in a tough spot. There is no right or wrong way to go about it. It is up to you and your morals to decide. Maybe, express your feelings and see if she will step up her game. If that doesn't work I would find someone else to represent me. Does the listing agent seem to be more client oriented?
A Realtor is to represent his/her clients with a fiduciary duty, same duty as an attorney. We are here to help guide and protect our clients. Another reason to use a Realtor, as told by clients, is that they always have someone to place blame on and point a finger at if something goes wrong. I don't like the idea, but it is really true.
I believe that in your case she should have made more effort in assisting you in viewing the property. As for finding the home first, that is not always something that we are able to do. In todays world you are almost as up to date on listings as we are. Maybe, it was a match to the criteria that you initially gave, etc. I have had a lot of clients that have seen a home listed somewhere before I was able to bring it to their attention, but I always go out of my way to show it to them.
You are in a tough spot. There is no right or wrong way to go about it. It is up to you and your morals to decide. Maybe, express your feelings and see if she will step up her game. If that doesn't work I would find someone else to represent me. Does the listing agent seem to be more client oriented?
- jenmopo
- Contributions:36
No, actually the house is not for sale by owner. It is a builder's home and there is an agent selling it. We purchased our current home on our own (it was a for sale by owner). We would like to use this agent, as she did send us some emails with potential homes and did show us a couple homes and I realize her time is valuable. She never had us sign a contract or even brought up a contract to us ever, but that doesn't mean we don't feel morally obligated to her. I guess what I'd like to know is if we had her make the offer on our behalf...negotiate the price with the seller and help us with the finalization of this deal, would it be fair for us to ask her to split her commission with us if we do so?? To me, it sounds like a fair request, as I did find the house on my own and we aren't legally obligated to use her. I think for the amount of time she put in with us, half the commission would be fair. Has any other agent split their commission with a buyer they represented before??
- wetdawgs
- Contributions:26693
Is the house a FSBO house? If the house is listed with another realtor, you don't have negotiation room for the % commission.
If FSBO or by another realtor, what are you as buyer going to do to ensure that the purchase process is done by the laws of your state and you don't get screwed?
It is very easy to look at the one house you'd like to make an offer on and say agent wasn't involved, however, the agent apparently has already been working for you without pay.
If FSBO or by another realtor, what are you as buyer going to do to ensure that the purchase process is done by the laws of your state and you don't get screwed?
It is very easy to look at the one house you'd like to make an offer on and say agent wasn't involved, however, the agent apparently has already been working for you without pay.
- Michael Emery, "MikeEmery"
- Contributions:7278
If you have not signed any legal document that assigns representation, then you should not be obligated to use that agent (I am not an attorney, check with the laws in your own state). If you have signed a buyers representation agreement, you may be liable for paying the agent a commission irregardless of who found the home.
I am assuming the home that you found is a For Sale By Owner home. Is it priced appropriately? Does the seller have some sort of professional representation? If both parties need simply need a facilitator to fill out the forms and arrange for title and closing, sometimes an agent will represent both sides for a discounted fee. (A facilitator would be someone who files paperwork, and not necessarily someone who will give advice to either party as to the transaction-in the same way a bank teller won't give you advice on how to invest your money)
Knowing this limited amount of information, I would give the agent a call and discuss the situation with them.
I am assuming the home that you found is a For Sale By Owner home. Is it priced appropriately? Does the seller have some sort of professional representation? If both parties need simply need a facilitator to fill out the forms and arrange for title and closing, sometimes an agent will represent both sides for a discounted fee. (A facilitator would be someone who files paperwork, and not necessarily someone who will give advice to either party as to the transaction-in the same way a bank teller won't give you advice on how to invest your money)
Knowing this limited amount of information, I would give the agent a call and discuss the situation with them.
Question for Agents...
We called the agent on the for sale sign on a house we were interested in. She showed us the house, but it wasn't for us. She offered to look for other homes for us and sent us a few listings via email (I had already found these listings on the MLS, so she really didn't show us anything new). The, I found a house for sale that she hadn't sent me and asked her to show it to us, which she did. We were very interested in the house, but couldn't get our financing together fast enough and another offer was accepted. She said she'd keep looking for us. I then found another house on my own and asked her if she could show it to us the following week, but she was busy on the only day my husband had off of work, so we told her we'd go on our own and check it out. We were able to get inside the house and see it on our own and would like to put an offer on it. Our dilema is this: are we morally obligated to have this agent submit our offer? We thought if we did it on our own, we could negotiate a better price, as the seller wouldn't have to pay an agent for the sale. We also considered asking her to split the commission with us, as we really found the house on our own and did the leg work. We want to be fair with her, but we also have to look out for our own best ineterests. Any comments on this would be appreciated. Thanks.
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