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Old 07-02-2014, 10:55 PM
 
99 posts, read 245,944 times
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I found some houses on one of the internet sites that I wanted to look at. I called the agent recommended by my mortgage banker. I was helped by one of the agents in her "group", who was suppose to be a buyers specialist. We looked at the houses, one of which I liked, but was discourage by the agent I was with.

I am a first time home buyer and need an agent with experience. This agent has had his/her license for 6 months. I asked about writing contingencies on my offer and the agent didn't seem to understand what I was talking about.

I would like to put in an offer, but not with the agent that showed me the house.
Am I able to change agents after one agent shows me a house ?
There was no contract between me and the agent who showed me the house.

Thank You
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Old 07-03-2014, 05:02 AM
 
Location: Cary, NC
43,279 posts, read 77,092,464 times
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Will the buyer's specialist be the one to write the offer?
Some teams have newbies start as showing agents but then another experienced agent writes any offers.
You might ask.
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Old 07-03-2014, 09:46 AM
 
Location: East TN
11,111 posts, read 9,753,246 times
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I am not a real estate agent, just a home buyer. I would have no problem getting a different agent if the first one was not to my liking. You can call the agent's office and request an agent with more experience, or you could ask friends who have used agents before for a recommendation. You didn't sign a contract, and are not obligated to someone randomly assigned to you.
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Old 07-03-2014, 11:07 AM
 
Location: Western NC
729 posts, read 1,505,367 times
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Go to that agents broker in charge and ask if you can use another realtor in the office or if they can assign a more experienced realtor to assist in this transaction. The broker in charge should actually do so themselves, if this is a new realtor.

I had this happen to me once where a lender asked me to work with her buyer. I called the buyer and met her at the house she was interested in. I found out she had already seen this house, and others, through another realtor at another office. I asked why she wasn't working with the other agent (a friend of mine) and she said that she didn't feel the other person was experienced enough to handle her sale. I called the original agent and we discussed it. She knew she was losing this client anyhow and there was not any agency papers in place. I wrote the contract and took it to close, giving the original agent a hefty referral fee in the end. I thought it was only fair. If I hadn't of gone to the other agent, she could have claimed "procuring cause" and gone after my commission (she wouldn't have, but that's her. Most agents would). In your situation, MikeJaquish, by going to the broker in charge you will avoid getting caught in any litigious crap between agents when it closes. Any commission issues will get worked out now and you will be assured an agent that knows their stuff
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Old 07-03-2014, 12:01 PM
 
99 posts, read 245,944 times
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Quote:
Originally Posted by MikeJaquish View Post
Will the buyer's specialist be the one to write the offer?
Some teams have newbies start as showing agents but then another experienced agent writes any offers.
You might ask.
I don't know who would write up the offer. I never asked and it was never expressed to me by the agent. I suppose it would be my fault for not asking all of the right questions. I just assumed it was part of the agents job to write the offer. Like I said in my post, I am a first time home buyer, so I'm sure there are questions I should ask, if I knew enough about the home buying process to know I should be asking the questions.

Quote:
Originally Posted by young92 View Post
I found out she had already seen this house, and others, through another realtor at another office. I asked why she wasn't working with the other agent (a friend of mine) and she said that she didn't feel the other person was experienced enough to handle her sale............. she could have claimed "procuring cause" and gone after my commission
Could the "procuring cause " problem exist even though I am the one who did the research on the internet to find the house, then drove around the neighborhood for awhile, went into the community clubhouse and rec center, before contacting the real estate agent ? All I did was to send the agent a list of houses in this community that I wanted to look at. We never signed a buyers contract, nor was it ever discussed.

Thank you for all of your replies !!
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Old 07-03-2014, 12:15 PM
 
Location: Cary, NC
43,279 posts, read 77,092,464 times
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Quote:
Originally Posted by New2Tucson View Post
I don't know who would write up the offer. I never asked and it was never expressed to me by the agent. I suppose it would be my fault for not asking all of the right questions. I just assumed it was part of the agents job to write the offer. Like I said in my post, I am a first time home buyer, so I'm sure there are questions I should ask, if I knew enough about the home buying process to know I should be asking the questions.



Could the "procuring cause " problem exist even though I am the one who did the research on the internet to find the house, then drove around the neighborhood for awhile, went into the community clubhouse and rec center, before contacting the real estate agent ? All I did was to send the agent a list of houses in this community that I wanted to look at. We never signed a buyers contract, nor was it ever discussed.

Thank you for all of your replies !!
You aren't at fault in any way.
The agents should clarify and educate, particularly with a first time buyer.
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Old 07-05-2014, 06:38 AM
 
Location: Western NC
729 posts, read 1,505,367 times
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Quote:
Originally Posted by New2Tucson View Post
Could the "procuring cause " problem exist even though I am the one who did the research on the internet to find the house, then drove around the neighborhood for awhile, went into the community clubhouse and rec center, before contacting the real estate agent ? All I did was to send the agent a list of houses in this community that I wanted to look at. We never signed a buyers contract, nor was it ever discussed.
Yes. Although none of this is your problem, it can only become an issue between the agents involved. You, however, could be brought in to testify. Whoever showed the house to you first, no matter how you found the house, can claim procuring cause and go after some or all of the commission once it closes.

I was once working with some out of town buyers. They were looking at houses. On a whim they drove into a new, high dollar development and talked to the sales rep about the lots for sale. They did tell the sales rep that they were already working with a realtor. The sales rep asked if they had signed agency paperwork. No they had not. They went to look at the lots then called me for a second opinion. I dropped everything and drove right out. I met the sales agent and we all drove to the top of the mountain to see these lots. The sales agent took me aside and said he had procuring cause so don't even think about claiming a commission. THAT'S how easily these things turn into arguments that the buyer gets dragged into. He didn't care about the buyers wishes. He just cared about a paycheck

---------------------------------

To end the story (if you are interested) - These people had been looking at houses and not thinking of building. this would be a higher dollar house than they wanted. They were also gardeners and this was steep land on the side of a mountain. Seriously, they were being given a bill of sale by this sales agent. Having just been told that my clients were being stolen right under my nose, in broad daylight, I started pointing out all of the marvelous things about the lot - and the not so marvelous. "Your house will have a great walk out basement. You can do all kinds of terracing going up the mountain for your flower beds! Are you sure your knees are up to it? You had told me you were concerned about finding flat enough land so as not to aggravate your knee problems" Once that issue started to sink in, the buyers said "Oh! Look at al of the beautiful pines!" Me - "Oh yes! I love Hemlocks! They are one of my favorites! It's a shame about the wolly adelgid. All of these Hemlocks will be gone in a few years. The adelgid is eating them up and leaving our landscape bare. It's really sad. You will lose almost every tree on this lot." The selling agent exclaimed they did not have an adelgid problem. "Oh, but you will! I live just 10 miles straight as the crow flies and my trees are already being eaten up. It's just a matter of time." I never once lied. It was all the truth. It was just put in such a way that it was all issues with no solutions offered, as I would normally do.

These buyers changed their mind pretty quick as the sales agent glared at me. I just smiled. He went from two sides of a sale to no sale. He shouldn't have been greedy.
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Old 07-05-2014, 04:08 PM
 
8,573 posts, read 12,403,094 times
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Quote:
Originally Posted by young92 View Post
These buyers changed their mind pretty quick as the sales agent glared at me. I just smiled. He went from two sides of a sale to no sale. He shouldn't have been greedy.
So...had you been in line to receive a part of the commission, would you have tried to persuade them to buy??
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Old 07-05-2014, 04:24 PM
 
99 posts, read 245,944 times
Reputation: 144
Quote:
Originally Posted by young92 View Post
Yes. Although none of this is your problem, it can only become an issue between the agents involved. You, however, could be brought in to testify. Whoever showed the house to you first, no matter how you found the house, can claim procuring cause and go after some or all of the commission once it closes..
I will assume this would be also true if I went to an open house on my own, let the agent there show me the house, then come back later with another agent working as a buyers agent ?
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Old 07-06-2014, 06:09 AM
 
Location: Western NC
729 posts, read 1,505,367 times
Reputation: 1110
Quote:
Originally Posted by jackmichigan View Post
So...had you been in line to receive a part of the commission, would you have tried to persuade them to buy??
No, I would have taken the same tone. They had not been interested in building and this lot was not at all what they were looking for. It was also a community that had not been selling well and I felt was a bad investment (I was later proved right) They had been given a sales pitch and fell for it. I just wouldn't have had as much fun as I did turning them off of the property. All of the things I pointed out would have been done in a private conversation instead of right in front of the sellers agent.
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