U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-01-2019, 11:31 AM
 
Location: Salem, OR
14,089 posts, read 33,217,655 times
Reputation: 13014

Advertisements

Dear Consumers,

Be honest that you are interviewing agents. That way when the small-town agents run into each other, they will realize the other agent was one you interviewed. No drama then because you were honest and upfront that you were interviewing agents. You are entitled to interview agents on a large financial purchase. Don't slink around. If the agent can't handle that you are interviewing others, then run away from that agent.

You may indeed look at a home with a different agent. Do not listen to people online that tell you to worry about procuring cause (not your concern), or that it is unethical to switch to a different agent and go look at the same house. You are making a large financial purchase. If you did not think your first agent added value when they showed you homes, please interview more agents and go back to those same homes. Agents need to add value to your purchase. Don't be apologetic about wanting a different agent that is a better fit for you or has more knowledge than your first go around.

Procuring cause is an unbroken chain of events leading to the sale of the property. Just showing a home is not procuring cause. Just sending someone a listing is not procuring cause. While states define it differently, the minute a new agent shows you that same home and you write an offer with that second agent, the chain was broken with the first agent. If you are in Oregon, you have to close escrow to be the procuring cause so we don't have those disputes here. They get that you might not know your agent is bad until you are in negotiations. Do not be manipulated into sticking with an agent you don't like because of procuring cause. Procuring cause is between agents paying each other and has nothing to do with you. NAR has an entire arbitration worksheet and you can see it is a long and thorough list of events that lead to a buyer purchasing a property.
Reply With Quote Quick reply to this message

 
Old 09-01-2019, 11:39 AM
 
Location: planet earth
5,313 posts, read 2,031,042 times
Reputation: 11755
Quote:
Originally Posted by Silverfall View Post
Dear Consumers,

Be honest that you are interviewing agents. That way when the small-town agents run into each other, they will realize the other agent was one you interviewed. No drama then because you were honest and upfront that you were interviewing agents. You are entitled to interview agents on a large financial purchase. Don't slink around. If the agent can't handle that you are interviewing others, then run away from that agent.

You may indeed look at a home with a different agent. Do not listen to people online that tell you to worry about procuring cause (not your concern), or that it is unethical to switch to a different agent and go look at the same house. You are making a large financial purchase. If you did not think your first agent added value when they showed you homes, please interview more agents and go back to those same homes. Agents need to add value to your purchase. Don't be apologetic about wanting a different agent that is a better fit for you or has more knowledge than your first go around.

Procuring cause is an unbroken chain of events leading to the sale of the property. Just showing a home is not procuring cause. Just sending someone a listing is not procuring cause. While states define it differently, the minute a new agent shows you that same home and you write an offer with that second agent, the chain was broken with the first agent. If you are in Oregon, you have to close escrow to be the procuring cause so we don't have those disputes here. They get that you might not know your agent is bad until you are in negotiations. Do not be manipulated into sticking with an agent you don't like because of procuring cause. Procuring cause is between agents paying each other and has nothing to do with you. NAR has an entire arbitration worksheet and you can see it is a long and thorough list of events that lead to a buyer purchasing a property.
This is irresponsible advice. Are you an attorney? Are you licensed to practice law in every state?

Buyers: Find a buyer's agent you like and stick with them. I personally would not sign any agreement with a buyer's agent (I don't think it is necessary and could put you on the hook for commissions in a dispute). Just find someone you trust and work with them.
Reply With Quote Quick reply to this message
 
Old 09-01-2019, 12:45 PM
 
Location: Portland, Oregon
10,048 posts, read 16,827,487 times
Reputation: 6462
nobodysbusiness: Are you a lawyer? Are you licensed to practice lay in every state? Are you a realtor licensed in every state? Silverfall is an experienced licenced realtor in the State of Oregon. Are you?

Realtors engage in a lot of 'politics' particularly in small markets, home buyers and sellers are victims. No wonder the lies of Redfin are attractive.
Reply With Quote Quick reply to this message
 
Old 09-01-2019, 01:55 PM
 
18,795 posts, read 20,747,763 times
Reputation: 27738
Quote:
Originally Posted by whitelotus View Post
My husband and I are moving to a different state. I visited the area in early August and met with a real estate agent who showed me several properties. She put in several hours for a couple days driving me around the area. And since Ive been back home, she has been sending emails with new properties. She did not ask me to sign any realtor-client contract. While we do get along fine,we aren't a good fit for various reasons which i won't detail here. But I feel uncomfortable with regard to telling her that I want to find a new realtor ....since she has put considerable time into helping me find a house. Has anyone here experienced anything like this? How did you handle it?
Go look for another agent. Simply tell her you’re not interested in working with her any longer. We’re all adults. Should be able to take the rejection. Hey I had agents I didn’t like. I ended our relationship.
Reply With Quote Quick reply to this message
 
Old 09-01-2019, 03:19 PM
 
Location: Salem, OR
14,089 posts, read 33,217,655 times
Reputation: 13014
Quote:
Originally Posted by nobodysbusiness View Post
This is irresponsible advice. Are you an attorney? Are you licensed to practice law in every state?

Buyers: Find a buyer's agent you like and stick with them. I personally would not sign any agreement with a buyer's agent (I don't think it is necessary and could put you on the hook for commissions in a dispute). Just find someone you trust and work with them.
No, it isn't. If you don't have a buyer agency agreement with an agent, then procuring cause is NOT your concern. If a buyer has not engaged in a contract to pay an agent, it is indeed not their concern. For contracts to be enforceable they must be in writing and signed. So an agent showing a buyer homes without a buyer agency agreement is at risk for not getting paid if there is a commissions dispute. They can't go after the buyer for that money if there is not written an agreement to get paid by that buyer. If a buyer has an agreement to pay an agent, then they will want to see if there is a clause in there in case there is a procuring cause dispute. It still doesn't mean you can't switch agents.

What is irresponsible is people telling buyers online that they must write an offer and use the agent that showed them the home first, even if that agent is incompetent. Consumers do not need to be victims of bad agents. You are welcome to insist they do so, but I will not. It is an industry script to tell consumers they must use the agent that showed them the house even if they don't like them. If that agent is incompetent, get a new agent regardless of whether or not they have shown you homes. They can show you the home and write an offer. The agents can hash out any commission disputes in arbitration.

MLS's are a contractual agreement for payment. If they are a REALTOR MLS (which is most MLS), then they will be required to follow those rules for procuring cause disputes. Did you look at the NAR checklist for procuring cause disputes between agents? You will see a lot more than "showed a buyer a home" on there. There must be a continuous and unbroken chain. The NAR has a bunch of information on how they determine issues in situations with consumers changing buyer agents and they do look at the reasons why a buyer would want to change agents as part of that arbitration determination.


I belong to an indie MLS so we use Oregon state laws, which are totally clear cut.

Last edited by Silverfall; 09-01-2019 at 04:43 PM..
Reply With Quote Quick reply to this message
 
Old 09-02-2019, 12:41 PM
 
51 posts, read 5,456 times
Reputation: 63
Quote:
Originally Posted by whitelotus View Post
My husband and I are moving to a different state. I visited the area in early August and met with a real estate agent who showed me several properties. She put in several hours for a couple days driving me around the area. And since Ive been back home, she has been sending emails with new properties. She did not ask me to sign any realtor-client contract. While we do get along fine,we aren't a good fit for various reasons which i won't detail here. But I feel uncomfortable with regard to telling her that I want to find a new realtor ....since she has put considerable time into helping me find a house. Has anyone here experienced anything like this? How did you handle it?
I handled it like an adult and told the realtor why I was uncomfortable dealing with them and asked to be removed from their contact list.

Your other option is to just ghost them and move on.
Reply With Quote Quick reply to this message
 
Old 09-03-2019, 06:05 AM
 
526 posts, read 716,971 times
Reputation: 719
Quote:
Originally Posted by Skipito View Post
I handled it like an adult and told the realtor why I was uncomfortable dealing with them and asked to be removed from their contact list.

Your other option is to just ghost them and move on.
Is it “adult like” to be snarky?
Reply With Quote Quick reply to this message
 
Old 09-03-2019, 06:08 AM
 
526 posts, read 716,971 times
Reputation: 719
thanks to the collective wisdom and knowledge of many here, we have successfully resolved this issue. Really appreciate your time and thoughtful input.
Reply With Quote Quick reply to this message
 
Old 09-03-2019, 06:54 AM
 
51 posts, read 5,456 times
Reputation: 63
Quote:
Originally Posted by whitelotus View Post
Is it “adult like” to be snarky?
Sometimes, yes.
Reply With Quote Quick reply to this message
 
Old 09-03-2019, 07:23 PM
 
Location: Research Triangle Area, NC
3,896 posts, read 2,680,948 times
Reputation: 5714
Quote:
Originally Posted by nobodysbusiness View Post
This is irresponsible advice. Are you an attorney? Are you licensed to practice law in every state?

Buyers: Find a buyer's agent you like and stick with them. I personally would not sign any agreement with a buyer's agent (I don't think it is necessary and could put you on the hook for commissions in a dispute). Just find someone you trust and work with them.


Except for the fact that in many states, including mine, Buyer Agency Agreements are required for an agent to submit an offer for a buyer.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top