Two Agents showed the same property - What do I do now?

Profile picture for vkat007
Hi - I am a first-time buyer and I was shopping around for a real estate agent.  The first agent who showed me the place seemed a bit too busy, and hence I went with another agent. The new agent was really nice who even offered to drive me around in her car instead of having me follow her (unlike the first agent). However, there was one house that both agents showed me, which I happen to like. Now, If I were to place an offer on the house, who do I go with? Will I get into trouble with the second realtor? What should I do here?

Thanks
V
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February 13 - US

Replies (15)

Profile picture for Jesse Storm
If you don't have a contract with either then you can really choose. The fact that Agent one showed you the house first is really a fidishiary duty. The right thing would be is to use the first agent that showed you the home. But if neither agent has ask you to sign a contract then you really don't have to use either one. I would tell Agent 2 that Agent 1 showed you the house. Agent 2 really should refer you back to Agent 1 for that home. But they don't have to. If you under contract with Agnet 1 then you should have never used Agent 2 to show you the houses unless you ask agent 1 to release you from the contract. Any good agent would just say fine and give you the paper to sign and they would sign it also. But shame on Agent 1 for not going over a Consumer Notice and Contract with you if they did not. They may ask you for min. commisions or a high broker fee and you may have choosen not to use them at all. That is why every one should first go over the contract with their agent first so they know how much they are charging you for the service they are going to provide. Then you can make a choice in what agent to use.
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February 13
Profile picture for LAUREL JAQUES
If you don't have a buyer/broker agreement then you are free to choose whomever you would like to work with. If the first agent followed up with you after the showing then they may be considered the procuring cause and therefore due the commission. If you prefer to work with the second realtor, I would suggest contacting the first agent and let them know that you have found another agent who you would like to work with. If they ask you why, why not tell them that you felt they were too busy and not available for you? You are giving them good feedback which will assist them in analyzing their relationships with other clients.
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February 13
Profile picture for Sherri Bloom
Hi. As long as you haven't signed a Buyer-Broker agreement with one of the agents, then you can go with whomever you like. But keep in mind that the one you do choose, will eventually need to get something signed by you, saying that you have agreed to work together. Then it is a little more difficult to change at that point. Good luck! 
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February 14
Profile picture for vkat007
Jesse, Laurel, Sherri - Thank you so much for prompt replies. THere was nothing signed on the contract with either agent. I do agree Laurel, I do intend to give Agent 1 the feedback about being too busy for me and that if she didn't have time she should have just told me the same.

Laurel - To your point, there has been a recent twist in this. The first agent came back to me and said that the seller would lower the price of this house to a certain amount. Now that I have the information from the first agent, do I have to go with the first agent now?

Thanks,
Venkat
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February 14
Profile picture for LAUREL JAQUES
Is the first agent who gave you this information the listing agent? How did they know the seller is considering a lower price, or is a price reduction coming up on the listing? I assume you have not yet mentioned you are considering working with someone else?
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February 14
After reading what has occurred..............there are a few things you need to do:

1. decide on which agent you want to work with - asap!
2 have an honest discussion with that agent and fill him or her in on what has occurred to date!

The agent you select will/should speak with the other agent......if there is any question as to "procuring" cause - THEY will work it out, and unless you have (which you don't) a signed agreement, you should not be involved in any commission dispute.The agents will work it out, but you need to be upfront and share what has happened!

You sort of compounded this by continuing to interact with agent #1 and allowing her to engage you in more discussion about the house.

Select an agent ASAP...........tell them the whole story, and let them help you work through it.

You will be able to proceed with an offer and buy the home, if you want,  but you must pick someone to work with.... and then stop communicating with the other agent!

Best wishes...........

ps  by the way - where are you? what state? I really wish zillow would put the location next to the person's name like trulia does - much easier to answer a question when you know where it originiated!
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February 14
Profile picture for LAUREL JAQUES
I would also suggest contacting your local Board of Realtors to confirm that there are no obligations on your part. States may vary, and in my state California, the buyer has no obligation without a written agreement. Then make your choice, let the other agent know you have chosen someone else and stop conversing with them.
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February 14
Profile picture for Caveat Emptor
Jesse Storm

oh dear god not a fidushiary duty. you know, if you can't even spell it, what business do you have throwing that word around?



re OP

go with agent 2, the one you like and want to succeed.
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February 14
Profile picture for Thomas Trifon
According to National Association of Realtors: Appendix II to Part 10 of the Code of Ethics and Arbitration Manual gives a basic definition of procuring cause as "the uninterrupted series of causal events which results in the successful transaction." Neither showing the property nor having a buyer's representation agreement with the purchaser automatically demonstrates procuring cause."

When you went to this house, did you tell the 2nd agent that you were there the day before with agent#1? 

I think that you should use the agent with whom you are comfortable working, but agent#1 may bring a PC complaint to their local real estate.

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February 14
Profile picture for Helen Edwards
So right, Caveat!  Unless you have a signed Buyers agreement, you have the right to use the Agent you feel most comfortable with. 
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February 14
Profile picture for grokster
Recently, after informing a Listing Agent that "I was unsure who my Buyer's Agent would be as I was still looking around by meeting them as Listing Agents". He informed me that "if he showed me the place then he will represent me - otherwise have someone else show  it to you". 

As I didn't want to go with someone I never met before, I chose not to see the property.
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February 14
Profile picture for vkat007
All - Thank you so much for all your comments. They are very informative.
Debra - Especially to your point, I now realized that I should have picked one or terminated the agent 1 before I went with Agent 2. Anyways, I am going to talk to Agent 2 tomorrow and let her know everything that transpired and come clean. 

BTW.. I am in IL. 

Laurel - Will check with local board as well...

Thanks
V
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February 14
you know Caveat - trying to embarrass someone on a public forum says nothing negative about that person................ but it speaks volumes about you.


vka - glad you found the information here useful........
You're a first time buyer, so you're not expected to understand how things work.

Best wishes, and I hope you get the house!
Good luck!

Grokster - that listing agent was shortsighted and foolish -
Good luck to you, too!
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February 14
Profile picture for LAUREL JAQUES
Good luck! Glad we could help, that's what we're here for! Your agent will appreciate your integrity in letting them know what has transpired....
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February 14
Profile picture for TopNJAgent
I would discuss this in detail with the agent that you prefer to use, and then if you are planning on working with the 2nd agent, which it sounds like you are, have the courtesy to tell the first so that you can cut the communication flow.

The agent - who may need the guidance from her manager/broker - will be able to guide you and her through potential "procuring cause" questions on properties that were shown by both.
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February 15
 
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