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Old 10-18-2013, 10:40 AM
 
1 posts, read 861 times
Reputation: 10

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Hi all,

I'm new here and new to the whole homebuying process. Recently, I think I made a mistake out of ignorance of the homebuying process. I've been working with an agent and looked at a couple of places that my agent is the listing agent of. Then I found this other place that I really liked and contacted the listing agent for that property because I was under the impression that people didn't have their "own" agent but that they contacted the listing agent of the property they wanted to see. The new agent showed me around the place and I liked it even more. Afterwards, I learned that you're supposed to stick with your own agent even if you're seeing a property that they did not list. So now, I want to make an offer on the new place I saw but I want to make it through my existing agent that I've been working with because I'm trying to follow the rules and sticking with him. I informed the new agent about my realization and my interest in making an offer and she said that if I wanted to buy the place, I would have to buy it through her because I came to her unrepresented so she has claims on me. My question is, can she claim me as her buyer? Am I required to go through her just because she showed me the place? Advice to a newbie would be greatly appreciated.

FYI, the property in question is a co-op unit.

Thanks.
Samuel
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Old 10-18-2013, 10:59 AM
 
Location: Beautiful Pelham Parkway,The Bronx
9,252 posts, read 24,129,883 times
Reputation: 7769
Yes,she can.She is the one who showed you the apartment.

The flaw in your thinking is that there is no rule that says you have to stick with any agent other than the one who shows a place to you..You have no legal responsibility at all to the agent who showed you places other than the place you want to buy.

It is the real estate agent who you for some reason are trying to cut in on the deal that should get nothing,no matter how many other places they showed you.

If the real estate agent you are wanting make the offer through is a reputable broker/agent they would tell you exactly what I just did and encourage you to make the offer through the agent who showed the property to you.If he/she tells you otherwise, or in any way tries to get in on the deal ,they are sleazy.
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Old 10-20-2013, 05:29 AM
 
5,724 posts, read 7,502,593 times
Reputation: 4524
You're not obligated to the buyer's agent unless you sign a contract. The listing agent should get the whole commission.
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Old 10-20-2013, 06:18 AM
 
Location: Manhattan
25,424 posts, read 37,208,967 times
Reputation: 12835
rominjn ,

What did you sign?

I would walk away from the property rather than risk the uncertainty of a lawsuit down the road. And make sure you have dotted the i's and crossed the t's before resuming your search.

No agent can "own" you unless you sign something that says "Agent Orange OWNS me and for this he will do so and so."
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Old 10-21-2013, 07:50 AM
 
62 posts, read 81,737 times
Reputation: 33
Rominjn,

There's a lot of misinformation in the above responses.
You are not obligated to submit your offer through the listing broker OR the agent that showed you previous property (unless you signed an exclusive agreement which is really ever done here in NYC). You can choose any licensed NY state real estate broker/agent to represent you. I would not trust the listing agent as she lied to you stating that you must work through her.....she's only after a double commission.

If you have been working with an agent who who you trust and has showed you multiple properties I would use then as your buyer's agent.
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Old 10-21-2013, 11:36 AM
 
11 posts, read 13,181 times
Reputation: 11
Rominjin,

Yes, there is a lot of misinformation above. I am a real estate professional and am very familiar with this type of situation.

To answer your question, you are not 'owned' by the listing agent - in fact, you are entitled to bring on a buyer's agent to represent you at ANY TIME during the transaction (even after you've submitted an offer!).

My advice would be to call your original agent and explain the situation, and then have that agent be the sole point of contact with the listing agent. This way there is no confusion and your agent can represent you fully.

Hope that helps.
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