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Old 03-14-2011, 11:19 AM
 
3 posts, read 4,175 times
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I have a question regarding the buying agent. My husband and I have just started looking for homes in NJ and we met with 1 agent who took us to a few houses, but we dont feel he is who we want to work with.

I am curious, if we decide to switch agents, does this mean we cannot go back to a house he showed us with another agent? We did not sign anything with her or her company. If we decide we are interested in a home he showed us are we stuck moving forward with him?

Thank you.
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Old 03-14-2011, 11:54 AM
 
Location: Westwood, NJ
750 posts, read 1,821,182 times
Reputation: 351
It comes down to procuring cause. Simply showing you the house may not constitute procuring cause. You didn't sign a buyer's agreement, which is a good thing in this case since you no longer want to use that agent.

Here is what the National Association of Realtor says about procuring case. Hope this helps:
"Procuring cause is in fact the interplay of factors which together demonstrate that the unbroken efforts of a specific broker were responsible for the buyer making the decision to consummate the sale on terms which the seller found acceptable. In other words, a broker who is the procuring cause of a sale is a sine qua non of the sale -- the sale would not have occurred but for the broker's efforts."
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Old 03-14-2011, 12:34 PM
 
Location: Randolph, NJ
4,076 posts, read 6,454,688 times
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The Association really thought that using Latin legalese would help clarity?
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Old 03-14-2011, 12:36 PM
 
1,527 posts, read 3,311,700 times
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I would be honest and say you already saw the house with that other agent. Then let the new agent deal with it.
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Old 03-14-2011, 12:58 PM
 
Location: Westwood, NJ
750 posts, read 1,821,182 times
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Quote:
Originally Posted by HalfFull View Post
The Association really thought that using Latin legalese would help clarity?
Lol, yeah I found that strange too when I wasn't even familiar with the Latin phrase and I am an agent.
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Old 03-14-2011, 01:20 PM
 
Location: Martinsville, NJ
6,103 posts, read 10,286,608 times
Reputation: 3860
Quote:
Originally Posted by HappilyShopping View Post
I have a question regarding the buying agent. My husband and I have just started looking for homes in NJ and we met with 1 agent who took us to a few houses, but we dont feel he is who we want to work with.

I am curious, if we decide to switch agents, does this mean we cannot go back to a house he showed us with another agent? We did not sign anything with her or her company. If we decide we are interested in a home he showed us are we stuck moving forward with him?

Thank you.

As long as you didn't sign a buyers agency agreement (and those are exceedingly rare here in NJ) you are never STUCK with any agent that you don't want. You are free to be represented by whomever you want.

That does not stop the original agent from filing a procuring cause demand for the commission. If they feel they are the reason you purchased the house, they have the opportunity to prove their case and claim some or all of the commission. This is why you should be upfront with whatever agent you choose to work with, so that they are aware of the situation, and can choose how best to deal with it.
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Old 03-14-2011, 05:59 PM
 
Location: Northern NJ
6,368 posts, read 6,470,580 times
Reputation: 9148
Quote:
Originally Posted by HappilyShopping View Post
I have a question regarding the buying agent. My husband and I have just started looking for homes in NJ and we met with 1 agent who took us to a few houses, but we dont feel he is who we want to work with.

I am curious, if we decide to switch agents, does this mean we cannot go back to a house he showed us with another agent? We did not sign anything with her or her company. If we decide we are interested in a home he showed us are we stuck moving forward with him?

Thank you.
Nothing was in writing so you are not stuck with him. However be upfront with your new agent so he or she does not get blindsided with a commission war. If it were me, and you ended up wanting to make an offer on a house you looked at with another agent, I would contact the agency and attempt to negotiate something that would be fair for all. I'm sure it would work out, as most agents are happy to get something rather than nothing, and most do not want to fight a legal battle to get a commission.
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