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Old 10-15-2012, 11:24 AM
 
Location: Salem, OR
13,529 posts, read 30,423,669 times
Reputation: 11491

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Quote:
Originally Posted by house_confused View Post
Thanks for the reply...
Thats what i was feeling, house hunting,finding the house you love & putting an offer is already stressful & more important to me.
I just dont want myself stuck because of issues which might arise due to change of agents..
If your current agent is providing you with excellent representation write up an offer with them. Do NOT worry about MLS compensation issues, they have nothing to do with you. Let your current agent know about the previous offer and then move on. If your agent is a good agent, they will know how to handle it.

Just FYI, the issue is procuring cause and your current agent is entitled to the full MLS compensation that is due to them based on what you wrote here.
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Old 10-15-2012, 11:37 AM
 
3,404 posts, read 3,985,650 times
Reputation: 2385
Quote:
Originally Posted by QuilterChick View Post
First, call the local Board of Realtors in that location and explain your dilemma, and take their advice.

Otherwise, unless you had a huge blowout or bad feelings with agent #1, why not contact Agent #1 who was actually showing you what you want, and did find you what you want. Call and tell him you want to put in another offer on that house, simplify your life and clear the air. Agent #2 was not showing you what you want.

If you want to be totally neutral, you might be able to call the listing agent and make an offer on the property with the listing agent. Frankly, I would not borrow trouble,, and would make the offer with Agent #1 who will appreciate your loyalty and avoid hard feelings. In other words, take the high road.
If there is a signed agreement with agent 2 this could be a problem.
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Old 10-15-2012, 12:33 PM
 
Location: Blue Ridge Mntns., NC
9,550 posts, read 13,186,674 times
Reputation: 7693
Quote:
Originally Posted by Zyngawf View Post
If there is a signed agreement with agent 2 this could be a problem.

That is why I told him to contact the local Board; they will ask the right questions and get the answers from him. We don't have any idea what he signed or didn't sign. We don't even know if Agent #1 was a dual agent. Local licensing laws trump whatever advice we give that is for sure, we're not in his state. People call the Boards all the time for correct advice. Some Boards are pro-active in their continuing education requirements, and some aren't. All agents are not created equal.

If there was buyer's agency agreement with Agent #2, no problem, case closed. If no buyer's agency agreement, no procuring cause with Agent #2 because he didn't show the client the house he wanted.

Agent #1 was procuring cause, and negotiated a written offer whether he had a buyer's agency agreement or not, depending on the laws of OP's state.

Last edited by QuilterChick; 10-15-2012 at 12:45 PM..
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Old 10-15-2012, 01:02 PM
 
Location: Salem, OR
13,529 posts, read 30,423,669 times
Reputation: 11491
Quote:
Originally Posted by QuilterChick View Post

If there was buyer's agency agreement with Agent #2, no problem, case closed. If no buyer's agency agreement, no procuring cause with Agent #2 because he didn't show the client the house he wanted.

Agent #1 was procuring cause, and negotiated a written offer whether he had a buyer's agency agreement or not, depending on the laws of OP's state.
You are mistaken. The chain was broken. The OP started looking at homes with the new agent. Procuring cause does not mean you are stuck with inadequate representation. It is about the chain of events that leads to close of escrow. Agent #1 started the chain. It was broken. Agent #2 will start a new chain when Agent #2 shows the OP the house and writes a new offer.

How can you advocate that a consumer call back Agent #1 when they weren't happy with their representation? If that is how we need to do business, lets just kill the real estate industry right now and put consumers out of their misery. I think it is horrible advise to tell the OP to call agent #1 back to make it easier for them. They left agent #1 for a reason. What matters is that a consumer wasn't satisfied and moved on to new representation.
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Old 10-15-2012, 01:44 PM
 
Location: Austin
6,906 posts, read 16,148,340 times
Reputation: 8983
I don't see any reason the OP needs to contact the local board. He can have whomever he wants to write a new offer. There is no procuring cause with the first agent because he went and looked at other houses. The Procuring Cause chain has been broken. He can go back to the house with another agent and start the chain over again, and that agent is the new procuring cause.

"Unbroken chain of events..."
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Old 10-15-2012, 02:55 PM
 
Location: Columbia, SC
8,658 posts, read 16,879,368 times
Reputation: 5904
Quote:
Originally Posted by FalconheadWest View Post
I don't see any reason the OP needs to contact the local board. He can have whomever he wants to write a new offer. There is no procuring cause with the first agent because he went and looked at other houses. The Procuring Cause chain has been broken. He can go back to the house with another agent and start the chain over again, and that agent is the new procuring cause.

"Unbroken chain of events..."
I don't know...I think agent one could have a viable complaint here.
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Old 10-15-2012, 03:39 PM
 
Location: Austin
6,906 posts, read 16,148,340 times
Reputation: 8983
Quote:
Originally Posted by Brandon Hoffman View Post
I don't know...I think agent one could have a viable complaint here.
Not if he dropped the ball with the buyer and they're not working together anymore. The buyer then goes out and looks at other houses and doesn't see anything he likes, and then comes back to this house. The chain of events starts over and the buyer is working with a new agent.
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Old 10-15-2012, 03:52 PM
 
Location: Ocala, FL
2,991 posts, read 5,431,963 times
Reputation: 2467
Quote:
Originally Posted by FalconheadWest View Post
I don't see any reason the OP needs to contact the local board. He can have whomever he wants to write a new offer. There is no procuring cause with the first agent because he went and looked at other houses. The Procuring Cause chain has been broken. He can go back to the house with another agent and start the chain over again, and that agent is the new procuring cause.

"Unbroken chain of events..."
I have to agree with you there.

The only person who might bring it up with the local board is Agent #1 against Agent #2 and not the OP.
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Old 10-15-2012, 03:53 PM
 
15,322 posts, read 17,313,270 times
Reputation: 24020
Quote:
Originally Posted by QuilterChick View Post
Yes, you can put an offer on the house. BUT you need to check with your local Board of Realtors if you want to put an offer on that particular house because of the confusion caused. What is more important to you, getting the house you want, or further creating problems between agents?

At some point, please be loyal to ONE agent.
Obviously to get the house. Just call the realty board and check...but hurry if you want this house.
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Old 10-15-2012, 04:14 PM
 
Location: Salem, OR
13,529 posts, read 30,423,669 times
Reputation: 11491
Quote:
Originally Posted by Brandon Hoffman View Post
I don't know...I think agent one could have a viable complaint here.
Agent one could complain but they would lose. The chain was clearly broken. The Oregon Supreme Court laid this out for us here so we can avoid nonsense disputes.

When a broker is engaged by an owner of property to find a purchaser for it, the broker earns his commission when (a) he produces a purchaser ready, willing and able to buy on the terms fixed by the owner, (b) the purchaser enters into a binding contract with the owner to do so, and (c) the purchaser completes the transaction by closing the title in accordance with the provisions of the contract.
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