Profile picture for Tess47

The other real estate agent is being difficult.

I had been looking on my own and spoke to the listing about their house.  I even went to the house to see it making sure to go only when they already had plans to go there. Forward 5 months and I signed a buyers agreement with my realtor and we made an offer.  The listing agents are saying that I was working with them and they are being difficult. I view this as unethical.  Is it?  Should I contact their broker myself- my realtor has already called and spoke with him.  Should I file a complaint now or after?  We may or may not get the house.   I am assuming that the listing agent is miffed at not getting part of this commission and wanting to double dip and sell to someone they bring in.   This is an estate sale, the owner is dead and the Executor lives on the other side of the country.
what should I do to stay out of this mess and help this offer along?
  • July 23 2011 - Brighton
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Answers (23)

Profile picture for sunnyview
Here is site for the Western Wayne County Real Estate Board. They should be able to give you information on filing a complaint.

I don't know what the situation is, but if you need to file a complaint against the agent for fraud I would call the MI Attorney General and ask if their department handles those complaints or if there is a separate licensing body that handles them. Hope the links help.
  • October 18 2011
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Profile picture for Tess47
How do I file a complaint.  The realtor is in Wayne county.  I have been searching that site and the MI gov site and cannot find the link. 
  • October 18 2011
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One thing that would make a huge difference - does the sellers' agent have an Exclusive Agency listing? If that's the case it doesn't matter what your buyers' agent has or hasn't done for you - commission wasn't offered to co-operating brokers in the first place. Otherwise, if this was offered in the MLS with a co-broker, the listing agent is being a total twit. Your agent should be talking to the other agent's broker. Good luck to you!

P.S. @ Jim "Last year I lost an arbitration case to another agent."
That sucks. I'm sorry you had to go through that.
  • July 24 2011
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Profile picture for realtortto
I agree that your buyer agent should be fighting the fight for you.  I would ask if your agent could be present when your offer is presented.  That way your offer will be presented in the best possible light, rather than possibly placed in a bad light due to the listing agent's personal feelings.  If your offer has already been presented then maybe you would like to change your offer and ask that your buyer agent be present when it is presented to try and clear up the air and make sure the sellers know your qualifications and anything else you think may help the sellers choose your offer over the other offer.  Make sure the buyer agent requests this in writing to help form a paper trail of uncooperation (if the listing agent refuses). 

I can see that the seller agent may be unhappy with this, after all, they must have done something to help you or you wouldnt have the information you have nor would you have gained entry to a listed home.  However, regardless of their feelings, it is not in the best interest of their seller to not treat all transactions as though their seller was standing in the room and to do everything they can possibly do to get the seller the fairest and best terms possible.  Negotiations should never involve the agents personal feelings as it hinders the progress of the transaction and puts a negative light on it for all parties involved.  I would put a smile on and see it through to the end, and then after the curtain closed on the transaction, I would give that agent a piece of my mind!!!
  • July 24 2011
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At this point you need to be contacting the agents broker and the local board.  If the listing agent is refusing to present your offer, that is wrong.  
  • July 24 2011
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Profile picture for Ofe Polack
Hi Tess  Read the Buyer Agency agreement you signed with your present buyer agent, the wording will guide you as to what your responsibilities to your buyer agent are.  It seems to me that unless the listing agent can produce information to the effect that they were the procuring agency they would have to share the comm with your buyer agent.  I think it is best if you let the two brokers deal with the situation.  By the way, did your buyer agent ever visited the home with you prior to writing the offer?   You said that your buyer agent has already contacted the broker, but you did not tell us what the broker said.  Once you hire a buyer agent, you should allow your buyer agent to communicate with the broker, not you.  It only complicates matters.
  • July 24 2011
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Tess,

This is a large enough deal where your agent can afford to take a commission reduction od $2,000 (I would), and still take the other agent before the Board after closing. Your agent has an excellent case and should get their $2,000 back.

It really gripes me that this other agent is doing this to you! I would love to know her name so I can avoid dealings with her; you can send it to me off-site if you feel like it.
  • July 23 2011
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Profile picture for Tess47
that is a thought but not sure I could get my husband over the moral hump.  I have digitally contacted the broker to inform he is losing a 400k sale in 12 hours due to miscommunication.  Asking if he would like to sit down and discuss.  
I wonder if he will reply.  As a business owner I know I would appreciate a potential client calling and discussing it with me directly.  
  • July 23 2011
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Profile picture for Debbie Holmes
You have an agent that is representing you.  Let the agent fight for you.  Do you have the house under contract?  Because if you do nothing further needs to be done.  Otherwise your agent should deal with the other agent.  That is their job!   If that fails your agent or your agents broker should call their broker.  If that fails that agent should be taken to their real estate board.  I often will answer calls on my listing.   Once in a while I get the buyer but usually I just answer the questions. 

  • July 23 2011
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Wow Tess,

Sort sounds like extortion! Can you sell "whatever" is in the house for $2,000?

My suggestion - get her offer in writing. If you want the house, pay the $2,000 and take the matter to the local Board for arbitration after the closing. The listing agent is wrong and the matter should be brought before the Board.

Again, best of luck to you and your realtor!

  • July 23 2011
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Profile picture for Tess47
well, the listing agent told my agent that I could have the house and what ever I wanted inside if we paid her 2k. 
nice
  • July 23 2011
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Profile picture for shasta_steve
I had something very much like this happen when I bought my first house.   I was out at an open house and found one I really liked.  It was actually just a model house that they would build on any of several lots the builder had around town.  I was not working with an agent at the time and really did not like the agent who held the open house.  I decided to hire the friend of a friend to represent me, another huge mistake.  Well the first agent did not say much at first but as the deal went on he started playing games.  My agent was a complete idiot and that did not help matters much. When it was all said and done the builder and I ended up cutting both agents out of the picture, yes they still got paid, and handled the whole mess ourselves.   In the end the first agent told me the reason he gave me such a bad time was because I "stole" money from him because I did not let him handle both sides of the deal.

The only real satisfaction I got out of the whole deal was I became pretty close friends with the builder and after I told him everything that went on he fired the realtor. 
  • July 23 2011
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For the listing agent to claim procuring cause for the sale, they have to prove that there was an unbroken chain of events that led you to buy the house.

They did not "introduce" you do the house ... sounds like you found it on your own.

You did not have an exclusive agency contract with them. You did not write an offer with them.

Did the follow-up on your viewing of the house with e-mails or phone calls? Did they advise you of any price reductions in the property? Did they offer to show you other houses.

Last year I lost an arbitration case to another agent. I had told a client about a property, showed the property, and advised the client of price reductions. The client used his mortgage broker to write the offer and conclude the transaction. I had a buyers agency contract and an exclusive agency contract with the buyer. But the Board decided against me because even though I introduced the client to the property & showed the property, I had never written an offer for that property with the client. The threshold rule did not apply.

Good luck to you and your agent!

  • July 23 2011
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Based on your information it sounds like the listing agent has a poor case for 'procuring cause'. But this is more of an issue between the listing agent / broker and your agent and their broker.

I just received a listing with the understanding that I will NOT represent both parties to the transaction, even though it's legal in Minnesota. I don't believe it's possible to adequately represent both sides in a transaction and I would be distrustful of an agent that thinks otherwise.
  • July 23 2011
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Profile picture for Michael Helton
Tess47,

I think this is a bit of a grey area because you did have contact with the seller's agent first.  However:

1)  You do not want a single agent representing both the buyer and seller...it is a conflict of interest.  It is illegal in some states and many brokerages will not allow it.  Just explain to the selleing agent that you would never allow this and see if they will see the light.

2)  If the seller's agent continues to stall, remind them that they are representing the SELLER, not themselves.  Ask to have a conference call with the seller.  If they refuse, contact the seller directly and explain the situation to them. 

If the seller's agent is smart they will do what is good for their client and make the sale happen (if the terms and conditions are worthwhile of course).
  • July 23 2011
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Profile picture for wetdawgs
Good luck in your purchase.
  • July 23 2011
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Profile picture for Tess47
i asked if they were doing an open house and they said no.  But they were going to be there to do some maintenance.  So i went, but they did not show up.  we emailed and they told me when they were going to reschedule the window washer.  He was there when I arrived.  They did not walk me through the house.   I do not have an written rep agreement with them.    
  • July 23 2011
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Profile picture for wetdawgs
In your previous post you had described that you had visited the house before you had your agent.  Even if that had been while they were there for other purposes, I'm still a bit confused.

I hope your agent works it out with them. 
  • July 23 2011
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This other agent should really just sell the house through your agent without causing a fuss - their duty is to help the seller.  I'd be mad if I was selling and the other agent was wasting time trying to get both sides of the transaction.

I'm curious how did you see the house before though, before you were with your buyer agent?
  • July 23 2011
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Profile picture for Tess47
no they had not been working with me.   I never made an appointment.  I asked a few questions on the phone and had a few emails.  That is not working with them.  
  • July 23 2011
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Profile picture for wetdawgs
I am not an agent nor other real estate professional, but can see their point.  They had been working with you on your own. Did the listing agent at any time ask you if you were working with an agent before you were working with the buyer's agent?       I hope your agent can work it out with them, and perhaps suggest a lower split of the commission to acknowledge this complication.




  • July 23 2011
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Profile picture for Tess47
at no point did I make an appointment to see the house with the listing house.  I did not sign anything with the listing agent, nor would I.
  • July 23 2011
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Profile picture for Sharon Lewis
Just keep looking forward to the day you put your key in the lock.
 Did you sign anything with the listing agent? If not, you dont have a contract.
 Sadly, it happens to agents, we try to not have customers  sign an agreement, as an act of good faith on our part, work with them , show them homes and they go with other realtors who are friends of friends.....lesson here for agents, get it signed. 

Did you go during an Open House? ....move forward, buy the house, let your agent deal with this . The listing agent needs to move on in life and be grateful that he has sold the house for his clients..
.Bottom line, his responsibility is not about the cash in his pocket but about acting responsibly for his clients who , by the way, are dealing with the passing of a parent.
Hope you enjoy your new home,send us pictures :)
  • July 23 2011
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