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You called "Nicole" first (I'm assuming either that was just chance, or maybe that house was your first pick of your list)
If you had gotten "Nicole's" answering machine, you would have gone on to the next one in the stack, and possibly talked to this other agent directly and none of this would have ever been an issue.
So all "Nicole" did was to make the call for you that you intended to make yourself. And now the house you want to make an offer on is one that YOU mentioned to "Nicole" in the first place, and that you never intended her to have anything to do with.
I can't see any way that "Nicole" could be considered to be the procuring cause. I second that you should call the Real Estate Commission and find out their opinion on this.
You called "Nicole" first (I'm assuming either that was just chance, or maybe that house was your first pick of your list)
If you had gotten "Nicole's" answering machine, you would have gone on to the next one in the stack, and possibly talked to this other agent directly and none of this would have ever been an issue.
Thank you for replying.
Yes, something like that. We drove up to the house that was on the top of our favorite list one Saturday and there was her phone number on the "for sale" sign. We figured that we should act fast since that house was very attractive and new on the market. So we called her and met her the same day.
It does sound unrealistic that an agent may insist on some sort of representation and comission for just making a phone call, but everything here in the real world indicates - yes, that is possible. So, it is not a hill of beans, but may be my experience will be helpful to others.
"Is that an ethical behavior for a real estate agent?" We all agreed Nicole, as far as we can tell from your explanations, was not ethical.
Then you asked:
"I just wanted to know if that is *anywhere possible that an agent who we see for the fist time in our life, makes a phone call on our behalf to another agent and then thinks that she is entitled to part of the commission. I guess nobody have ever heard of such a thing."
Looks like you're all set now. Best of luck with your decisions and your new place.
Thank you very much for all of the replies. I appreciate your support.
No, we did not sign a general buyer -broker agreement, but we did make an offer to her listing with her. That house she represented was way way way underpriced. The sale did not work though and we were thinking we were done with her.
I will definitely hire another agent to work on other houses. What happened was this woman agent, let us call her Nicole, called another agent and arranged our viewing on another house. She was not there herself. That was not her listing and not even the listing of her company. Later we became interested in that house again but the agent whom we offered to represent us in that deal refused. She said that other woman (Nicole) will probably claim her commission and she does not simply want to deal with all that. My husband talked to Nicole over the phone and asked her "BTW, are you entitled to any commission on that particular house (that you did not even show)"? and she said "Yes, but I will ask for a very reasonable amount".
I will definitely hire another agent, just have to find someone who is not afraid of Nicole )))
So don't hire either them. One's dirty and one doesn't understand real estate law and procuring cause.
Letting her be your representative is totally a bad idea. Although you can gain the upper hand by tactfully negotiating a deal with her to be your dual agent.
Thank you all, but this is an old thread. We already buying another house and she is not any part of it.
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Best of luck with your decisions and your new place.
