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Old 11-01-2008, 12:52 PM
 
8 posts, read 19,708 times
Reputation: 12

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That you have nothing in writing with her is rather irrelevant. She is the licensed professional to 'introduced you to the property' by the act of showing it to you. As such, she will be considered the 'procuring cause' for any transaction resulting on this property with you, and will be entitled to collect a commission from the listing agency.

A real estate agent is not responsible to give you financing assistance. That is the purview of a lender. As far as 'bidding' goes, this agent is most probably a representative of the seller and is being guided accordingly
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Old 11-01-2008, 01:10 PM
 
1,151 posts, read 2,992,867 times
Reputation: 252
Wow, she has some big cajones. Since the violations are NAR rules and not state laws, I would let the agents handle it. I would think your new agent would have incentive to follow up, because the former listing agent is actually discriminating against your new agent moreso than you (although it obviously affects you).

I'm a little surprised that some agents who responded have encouraged you to make the NAR complaints. Not sure why anyone would think it is your responsibility to see that NAR rules are enforced. I guess you agreed, since you left your original agent to follow up on the initial unethical behavior.
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Old 11-01-2008, 01:14 PM
 
1,151 posts, read 2,992,867 times
Reputation: 252
Quote:
Originally Posted by damsandy View Post
She is the licensed professional to 'introduced you to the property' by the act of showing it to you. As such, she will be considered the 'procuring cause' for any transaction resulting on this property with you, and will be entitled to collect a commission from the listing agency.
Procuring cause is waaaay more complicated than that. I suppose it's possible that in your particular state there is a one-question test to determine procuring cause, but in the vast majority of states it is a complicated issue involving numerous questions and would not always (or necessarily even in the most cases) result in the agent who initially showed the house winning.
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Old 11-03-2008, 12:24 PM
 
8 posts, read 19,708 times
Reputation: 12
Thumbs up RE : Is this unethical for real estate agents?

I hope you don't buy this or any other house without FIRST retaining an attorney. Your statement above best illustrates your lack of understanding of real estate transactions. You need the professional protection you will get by retaining council. Otherwise you will continue to be easy pickings by a fast talking salesperson. -Whenever entering any contract to buy or sell a house or even leaving a deposit, always include the statement "Subject to my attorney's approval". This will allow you to back out should the attorney find something in the contract or agreement that could hurt you. -Oh boy.... your lack of real estate knowledge or lack of the english language (if English isn't your primary language) really got you into a mess. I hope the sellers don't sue you for non-perfomance since you can't comply to the terms you signed to. My guess is they won't for a couple of reasons. I agree with you that the sellers must be excellent people because if I were them and you signed a contract that read "non-contigent" when you really didn't have the means to comply with it's terms would make me "mad" with you. I also agree with others that maybe an attorney on your side might be good advice. If this transaction is still viable (contingent or non-contigent), I'd make, I sure you don't deal directly with that agent either by having your own agent or own "REAL ESTATE" attorney. Also please do yourself a BIG favor and read about real estate terms and general practices from a book in the meantime. It will help you to ask the RIGHT questions to achieve your goals. And yes, I've own / owned / carried paper on many homes and hold a real estate brokers license. Currently I'm not in practice but I was formerly. Sorry if I sound like I came on strong here but I am surprised how people put so much trust in someone who they don't really know and involve so much money they can't afford to lose. I wish you luck and success however it turns out.
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Old 11-05-2008, 12:13 AM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
Reputation: 10659
Report her to the real estate commission. That's very unethical.
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Old 03-26-2009, 12:48 AM
 
1 posts, read 1,894 times
Reputation: 10
Bottom line is u have no value have u read a short sale add. They can show all offers the listing realtor is in charge if she is a slime ball too bad i waited 3 months went in to contract waiting for a bank approval on an approved short sale ?????? Signed an extention.1 day before the extention ended the listing reator who was also the owner of the prop told us the agreed price was not approved by the bank hah a she really sold it to some else .she want to keep sale in her office took advantage of my agent and claimed not to be the agentto protect her commision. Not illegal but unethical sure is .my agent tried to contact bank but was avoided and then her broker recieved a complaint against her for overstepping her brounds.
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