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We asked an agent to take us to a new neighborhood in east cobb that we identified.

The agent is specialist in West Cobb county. We do not have any contract with her. Are we obligated to use her and is the builder/developer obligated to pay her the commission. We now want to go to other new neighborhoods on our own. Do we need to officially fire her, we have no contract with her.
  • March 03 - Marietta
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Answers (9)

If you have no contract with her then there's not really anything official about firing her.  

I would give her the courtesy of telling her what you are doing and why.  Maybe ask her what she can bring to the table and have her explain  to you why you'd be better off being represented by her.

I agree with Sally English below.  Basically, you don't know what you don't know.  That is usually a dangerous thing.
  • March 27
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Profile picture for Sally English
If you walk in the door of a sales office at a new home builder subdivision, without a buyers agent, you will be "claimed" by the selling Broker as a "customer"  Georgia agency law is very tricky.  Being a "customer" is a bad deal as the Broker is obligated by Georgia law to look after the interests of their "Client" - the homebuilder.

You need to be a "client" and having a buyers agent is one of the best ways to accomplish this.

As a former homebuilder myself, I would warn any friend or family member to have REPRESENTATION when dealing with ANY homebuilder.  They know the ropes, they know where the potholes and land mines are located.  You DO NOT.

Good luck,
Sally
  • March 27
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"kickback"...I like the word "Rebate" myself


Georgia...."Allows brokers to offer rebates to consumers"
What are the laws in your state?
DOJ Anti-Trust web site
Rebates Make Buying a Home Less Expensive.

Lots of information available about your options on the DOJ Anti-Trust web site that you might be interested in checking out.....Competition & Real Estate
  • March 04
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Mr. Sterling may operate as some agents do, I always found that interesting. In this case did you give this agent an opportunity to search East Cobb for you? We're not talking a large area, is this community something that she wouldn't have found?

You'll open up all kinds of discussion with the "kickback" topic. That's what it is, some agents will do it and the buyers that expect it should consider working with an agent that is immediately willing to do this.

This is an easy business and there are many in it that are happy to get business this way. You'll find out how happy they are to get their hands dirty if a problem pops up. 

Be careful
  • March 04
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Yes as also suggested by Lowell Sterling in the post below?
  • March 04
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Comp part of the commission to whom? You?

  • March 03
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the agent told us it is illegal to comp part of the commission, I don't know what the truth is.
  • March 03
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You're not legally obligated to her. The idea of an "expert" is always fascintating...

Appraising and selling in East Cobb since '94 makes me ask, which new "neighborhood"? East Cobb proper has few...I don't consider those lollypop developments of 5 homes jammed on an acre a neighborhood. You see these under power lines, adjacent to busy roads and commercial uses or mixed in with older small homes.

East Cobb can be very tricky with new construction - including the ones out there being built by Ashton Woods, Lennar, Ryland.....going to these communities on your own may not be wise. You will not save a penny and it's pays to have a reality check with you when that sales agent - that legally represents ONLY the seller - starts spinning the yarn.

Be careful.

  • March 03
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Are you in a contract with the Agent. If not then you are free to move on as a good agent would work with their client at all times. Do not approach the builder without an Agent as this will be bad in your favour. Let the Agent know what you want in your new home and get APPROVED by a Lender FIRST as myself  or you will be taken for a walk. Also ask the agent if they are willing to comp you some of their commission since you have already done the heavy lifting. I can be reach via my profile.
  • March 03
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