Profile picture for Natchez Girl

We looked at a house FSBO without our realtor. Are we obligated to go through her for the purchase?

  • March 17 2011 - Broken Arrow
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Answers (10)

It is in your best interest to use a realtor when making an important investment such as your home.  Your realtor is truly the expert on the local market trends and is the best person to advise you on the true value of a home that is for sale by owner. 

To answer your question, as everyone has, no you are not obligated to your realtor if she/he has not shown you a particular home that you are interested in. 
  • April 27 2011
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Profile picture for Shannon Coan
No you are not obligated to use the realtor unless you signed a buyer broker agreeement.  Yet the IMO not the best idea to do it on your own, because you need the negotiator on your side working for you.  A FSBO is trying to sell their home no matter what.  If you need any help, feel free to call or text me.  You may need to look at comps to make sure it is the right home value.You may need copies of the contracts and disclosures to make sure and cover yourselves.....
  • April 07 2011
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If you did not sign an agreement, then one thing to remember is if you have a good relationship with your Realtor and her priority is making sure your interests come first, she will probably be willing to help out and work out something so you are still represented and are able to buy the FSBO.  Many FSBO's will pay a Realtor if you are willing to pay a little more for the house.  The most important thing is to be honest with your Realtor if she has been good to you.  What will you do if this doesn't work out and you have burned that bridge?  A good agent will put your needs first and if this is the perfect home for you and she cannot represent you, make sure you tell her and recommend her to anyone you know in the future that needs an agent. Good Luck.

  • March 19 2011
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Buying a house in today's market can always be challenging. Unless you signed a buyer/broker agreement you wouldn't be obligated in most states and circumstances.
Buying house is not always as easy as it seems. Is this short sale? Who's writing the contract? What kind of disclosures will you be getting? Are you sure they will move out right after close? How many days after? Who will choose escrow and what are the fees? Do you know to ask for a prelim title report, NHD disclosure with tax and CLUE report? Make sure you go to your local building and safety and check permits and anything else you may think would be important depending where the house is located. We have areas where I am nicknamed slippery slopes for a reason. 
I would talk to your Realtor and see what can be worked out. This is a large investment, make sure you cover your basis.
Good Luck with whatever you decide.
  • March 19 2011
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Profile picture for workabee
 It's as easy as 1-2-3 . No contract, no showing, no commission.
  • March 19 2011
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If you signed a buyers agency and that agreement specifies that your agent is due commission on properties "not represented by a broker", you may owe the agent commission.

I'm not an attorney and not familiar with the agency forms in your state.  In Pa my buyers agency specifies compensation for homes listed in the MLS and those which are FSBO.

The seller of a FSBO is not there to protect your rights.  It is strictly "buyer beware".  Not having proper representation in the transaction could be costly to you later on.
  • March 19 2011
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This question and this senerio happens all the time.  Did you sign a buyers agreement?  Even if you did not, are you in the habit of using goods and services without paying for them?  If you were on the other side of the coin would you want to be paid for your investment of time and resources?  Without getting into a thousand questions and legal implications It really boils down to the relationship you have with your Realtor.  If people would just talk, be honest, and treat one another fairly there would not be a question......just do the right thing.  
  • March 17 2011
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Profile picture for sunnyview
No, you are not obligated unless your signed a buyer agency contract that requires it. If you buy a FSBO without an agent, you need to make sure that you have a solid and enforceable contract.
  • March 17 2011
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Not necessarily.  However, BUYER BEWARE!!!!  Make sure you know what you're getting into.  If you have a good Realtor, I'm sure using your Realtor will save you money, time and a few good headaches and possibly litigation.  Good Luck!

  • March 17 2011
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Legally, unless you signed a buyer agency contract which stipulates compensation in this scenario, no.

Ethically and morally, if your agent has spent any time with you at all and she has proven herself professional, honest and competent I would think it is the right thing to do. 

For your own sake, unless you prove to yourself a benefit of purchasing without using her, I am not sure what your logic is.

If the FSBO has stipulated (understandably since obviously they are desiring to sell their house without an agent) that they would prefer not to have ANY agent involved, I would be very careful.
Make sure you know what the comps have sold for very recently and have a good idea of fair market value.
I know you are not new to selling and buying a house so you have some knowledge,maybe even a lot of knowledge, but please be very careful and if you act as your own agent, do everything an agent would advise you to do and don't let the FSBO tell you any different.
And of course if you go without an agent, use an RE attorney.
  • March 17 2011
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