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Who is the agent I deal with ? ? ?

Hi,

AgentA
AgentB

I went to see an open house listed under AgentA however AgentA was on vacation therefore AgentB was doing the open house on behalf of AgentA.

Who is the agent I deal with ? ? ?
  • April 26 2013 - Sheepshead Bay
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Answers (8)

We must really be careful here though with "procuring cause,"

Not true. A buyer merely walking through the door of an open house does not rise to the definition of procuring cause.
  • April 28 2013
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What a great question.  And I agree with Gerry Scott.  We must really be careful here though with "procuring cause," however the buyer has the right to work with whomever they'd like.  You can work with the agent who held the open house, the agent who has the listing, or a 3rd party agent not involved with either. 

The listing agent represents the seller and their best interests.  So if they procure both the buyer and the seller, they would become a Transaction Broker, which means that they would essentially represent the transaction and become somewhat of a professional facilitator to ensure that all terms of the contract are satisfied.

Either the agent who held the Open House or a 3rd party agent can represent you and your best interests solely as your Buyer's Agent if you would like to purchase that particular home. Or any other.

As Gerry mentioned, agents hold Open Houses to gain buyer leads, not necessarily to sell that particular home.  Although that is always nice!

Hope this helps.  Good luck.  Shayla Twit, Sarasota FL Realtor
  • April 28 2013
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You can work with either agent or any other agent.  It's entirely your choice to work with any agent you wish to have represent you. Many agents who substitute for listing agents at open houses are looking to represent potential buyers that come through the open house.
  • April 27 2013
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Neither!  The agents at the open house represent the seller.  Buyers assume all the risk in a real estate transaction, and you need your own representation.

Hire an Exclusive Buyer Agent for the highest level of buyer advocacy.  Contact NAEBA.org for a referral.

Good luck!
  • April 27 2013
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You can call any agent and ask them to represent you as your buyer's agent. Agent A may not because they are representing the seller. Agent B may be able to, you'll have to ask. Or you can choose another agent to represent you. 
  • April 27 2013
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Either or neither.  If you are buying the house they were sitting in the open for I recommend neither.  In a few states it is illegal for them to represent both parties (buyer and seller) of their company's listing.  If Agent A is the one who's name is on the sign, is he going to try and get you the best price or get the highest price for the seller?

Go with an agent that you like, trust, think is smart, feisty and who will try and get you the best deal on the house.

Hope that helps some, good luck! 
  • April 26 2013
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You are not obligated to use either agent if you were just viewing the home at an open house. I have hosted dozens of open houses - often as a favor for the listing agent - and I have never required buyers to use me as their agent just because they walked through the door.

Personally, I would suggest you use an agent that you have either worked with in the past (and liked) or you can ask for referrals from friends and family. But I would hesitate to use the listing agent (unless you had a previous relationship) as they cannot be impartial to both parties.

In other words, the sellers have their own agent and you should have one too.
  • April 26 2013
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You may call any agent of your choice, or continue with the agent you met.  However, this person was probably the listing agent.  If you want someone to represent you as a buyer, then you may want to find a good buyer's representative..
  • April 26 2013
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