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Question regarding buyer's broker.

A few months ago, I made an offer on a condo that was rejected, and the owner took the condo off the market. I was working with a broker at the time.  Last week, this condo went back on the market. I would like to make another offer. But do I have to do this through my previous broker? We did not have a contract, just a disclosure I signed stating that she was working for the buyer.
  • July 31 2012 - Boston
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Answers (9)

If you signed something it most likely had a clause in it stating that if you purchase any property previously shown by the buyer's broker within Ex (30 days) then the buyer's broker is still eligle to receive their commission. Only if you sign a Buyer's rep agreement.

Why not sure your buyer's broker. You don't pay their commission and you need a professional real estate agent to go over the contract for you. They are very confusing.
  • July 31 2012
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The broker has not kept in touch with me, and has not contacted me to tell me that the property is back on the market (even though at our last contact she knew that I wanted to make another offer, and then the owner took it off the market so I could not).  So I do think there is an argument that she aabandoned me.  Thank you!   
  • July 31 2012
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Did the broker you were working with at the time keep in touch with you? Does she still think you're working together? If not, she has "abandoned" you as a client, and you should be free to find a new agent you like and want to work with (me :-) ) and ask them to help you. As long as this new person reasonably works with you to procure this property, s/he will be what we call a "procuring cause" of the transaction. Interview an agent or two, or base a decision on online reviews, and you should be okay. If you had a contract with the prior broker, then you have to work with her, but sounds like you didn't. 
If still in doubt, contact a real estate attorney and ask the question. 
  • July 31 2012
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No, I did not have a contract with her.  I am asking if she will be due a commission, if I buy this property, because she previously showed the property and worked with me on an offer three months ago.  I will take the advice to ask a new buyer's broker if he/she will work with me in this situation.  Thank you.
  • July 31 2012
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Profile picture for Ofe Polack
You need to review the document you signed with your previous buyer agent before you move on.  On one hand you say that you did not have a buyer agency agreement and on the other one you feel that the seller may owe the previous agent a commission.  That needs clarification and without seeing the document you signed, we cannot offer advice.
  • July 31 2012
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Profile picture for nwhome.us
You need to fell comfortable that you can trust the broker that you are working with.
Most likely, she will not be due a commission but the best way to confirm this is to find a new broker and explain that issue to them. That broker's manager is the next step up the chain and if the managing broker is willing to take the issue on, you are golden.  It really is their call.  Do they see a problem or not.
The basic tenant is: if it isn't in writing, it doesn't exist.  so the managing broker will want to see the agreements that you had with the old broker, including the offer to purchase.
  • July 31 2012
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I was not happy with her services so I would like to find another buyer's broker for this time around with the condo.  But if my original broker is going to be due a commission anyway because she showed the property months ago, then I will just use her again.  That was basically my question, i.e., will she be entitled to a commission on the propery because she showed it to me three months ago, and presented an offer?
  • July 31 2012
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If you had a problem with her and do not have a contract with her, yes, you can use another broker. If she showed you the condo in the first place, she may be due commision anyway, so why not use her?
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Why not work with the same broker?
  • July 31 2012
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