Firing Buyers Agent after showing house? (new agent, commission, fee, agreement)

[Lexus_23]

New here... Ok here comes a weird question... We found a house on our own on the MLS listing site and called a local realtor to see it twice. We would like to go with a different realtor because this one basically treats us like crap. (to make a long story short) SO... we have not signed anything with this company or realtor she said she would be a buyer's agent with us but thats it, nothing in a contract. If we were to fire her and go to another realtor to put in our bid will the realtor that showed us the house but DID NOT find us the house still get a commission? I had Real Estate just last semester in college but all we talked about was the sellers agents ability to get commission no matter what realtor depending on the listing not the buyers agent!

[palmcoasting]

Yes, more than likely. What you should do is email the other agent that you are not happy with her services and have decided to persue purchasing property with another agent. Let the new agent know there is a 'potential' situation. They should know how to handle it at that point. Since you have not signed anything with the first agent you will be under no obligation to pay them a fee. That Realtor® will have to persue and prove procuring cause. With you having fired her, in writing, she would have a difficult time doing so. Whether the Realtors® make an agreement to either do a referral fee, split, or go to arbitration should not be your concern although should it go to arbitration your new Realtor® may ask you to write a letter explaining what happened. That is the way it is in my area, anyway.

[kevcrawford]

If you didn't sign anything with them, you didn't sign anything with them. I had a buyer call me on one of my listings about a year ago saying that another agent showed them the house, but he didn't treat them respectfully and they didn't wish to work with them. They asked me to write the offer for them, so I did. Not trying to steal from another agent, but if the buyers don't like them, that's their fault. If you'd signed something with them it'd be a different story.

I would go view the home one more time with the new Realtor though.

[middle-aged mom]

Every state Realtor association has its own guidelines that establish procuring cause, none of which are fast and hard rules. Some facts carry more weight than other facts. Procuring cause is complicated and the outcome is not always predictable.

Clue your own buyer's agent in on the situation and let him/her work this out with the listing agent.

Assuming your state requires you to designate an agent acting on your behalf, make sure you are not liable for your agent's commission in the event that potential arbritration rules in favor of the listing agent.

[Silverfall]

You absolutely can use whomever you want. Make sure you use a good agent. I agree with the others that I would write a letter stating that you don't want to work with that agent and I would even say something along the lines that you found their behavior unprofessional.

When you find you new agent, have them walk the house with you and then submit your offer. Procuring cause is not just about showing the house, you have to have an unbroken chain. I think the fact that you are "breaking" the chain by sending them the letter would suffice.

I would just let your new agent know about the potential issue so they are aware of it.

[bentlebee]

How can you fire some one that you didn't hire? So you shouldn't use the word " I fire you", because than they can claim you hired them, verbal.....contract?

I wouldn't do anything!

[homevoice]

hmm, could be tricky. you didn't sign anything, but you saw the home with the other agent who made themselves available to show you the property. If you wanted a certain type of agent, then you should have interviewed them before you asked them to spend their time setting up the appointment and showing you the property. Agents many times give up many other activities to accomodate buyers and show the house at the buyers convenience. Yes, you can choose the agent you want, but in all fairness the other agent made themselves avaialable for you and you should at least take your concern to them and or their broker to see if you could get better service. It's possible that their is a misunderstanding that could be worked out., or they could change a bad behavior when asked. Maybe they were having a bad day., not excusing, an agent should ALWAYS be professional and courteous,.. since they showed you the home, you may want to give them the opportunity to correct their behaviour. If they do not then give a letter to the Broker explaining why you will not be using the service of the agent. You still may have issues with procurring cause., but just be fair and honest and get the Brokers written advice on both sides. You may also consider the current agents Broker may suggest another agent in the office that would better suit your personality. The broker could offer the other agent a referral fee for referring you.

[kevcrawford]

Procuring cause is one thing, but if you don't feel comfortable having that agent represent you, you shouldn't have to. If you've got nothing signed, you've got nothing signed. They may try to make your life difficult, but if you sign with another agent, they really can't do anything. Business is business.

[Silverfall]

Originally Posted by bentlebee

How can you fire some one that you didn't hire? So you shouldn't use the word " I fire you", because than they can claim you hired them, verbal.....contract?

I wouldn't do anything!

The issue of terminating the relationship has to do with 1) protecting the new buyer agent so their hard work and professionalism will result in getting paid, and 2) there is an implied agency relationship. Many states default to sub-agency, but ours does not. By going out with the agent on more than one occasion, it could be construed that they had an agency relationship. If they didn't want to write an offer on a house this agent had showed him, I would agree with you 100%, just walk away...but that is not the case in this scenario.

It is better to make it a nice clean break for the sake of the new agent. How hard is it to write an email to the agent stating that you decided to work with another agent?

[palmcoasting]

You still may have issues with procurring cause.,

Unless the op has signed something with the agent (which they've said they haven't) then procuring cause has nothing to do with them. It would be between the agents should the issue arise.