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Olecapt---you are right, it is an Agent to Agent thing, but that doesn't change the fact that the Agent who knowingly "Willfully Interjects" in a situation such as that is acting in an unethical manner as well.
And no, there was no Exclusive Right to Represent Agreement signed, so it was just strictly Buyer's Agency agreement, which just declares who you are representing.
I had a agent showing one of my listings and she calls and says she is bringing over an offer. Great. She shows up and I take a quick look at it and it's her name as the buyer! I say I am confused...she says her buyer didn't like it, but she did and is making the offer - it is less than the $250,000 asking price by enough - and she says, "I'll come up if I have to."
I present the offer to the Seller, and relay the entire story...so the Seller tells me "I guess she'll have to." We countered back at full price and it closed!
If an agent can be that stupid in her own deal...there is no telling what other unqualified licensees have gotten away with!
I had a agent showing one of my listings and she calls and says she is bringing over an offer. Great. She shows up and I take a quick look at it and it's her name as the buyer! I say I am confused...she says her buyer didn't like it, but she did and is making the offer - it is less than the $250,000 asking price by enough - and she says, "I'll come up if I have to."
I present the offer to the Seller, and relay the entire story...so the Seller tells me "I guess she'll have to." We countered back at full price and it closed!
If an agent can be that stupid in her own deal...there is no telling what other unqualified licensees have gotten away with!
LMFAO---you are so right!!!! I had a Realtor from the city come up to Orange County, NY and buy one of my listings....she said to me when she presented the offer (after showing the property to herself) that because she was buying for herself, that she didn't get commission so she didn't want any....i said....um....(you're not a member of the local MLS)....uhhh...ok, great, I'll fax over my formal offer letter to you and agency disclosure and everything. Deal closed and I got full commission! That was one of my first deals too!
Olecapt---you are right, it is an Agent to Agent thing, but that doesn't change the fact that the Agent who knowingly "Willfully Interjects" in a situation such as that is acting in an unethical manner as well.
And no, there was no Exclusive Right to Represent Agreement signed, so it was just strictly Buyer's Agency agreement, which just declares who you are representing.
Nonsense Joey. Once the client ends the relationship there is absolutely no way another agent can wilfully interject himself.
You are sentenced to go back to school with Gretchen.
Comeon guys...we are smarther than this. If you lose the client, particualrly for cause, before the deal is closed, there is no recourse. If you don't deliver you don't get paid. What could be simpler?
Sorry, looks like several took my comments about procuring cause the wrong way. Just to clarify - it is a dispute involving only the agents. The point I was trying to make was that if the poster did not want her current agent to receive commission on this deal, then it would probably take some sort of statement from her stating that her current agent was NOT responsible for "setting in motion" the events that led to an executable contract.
I know of one case in our area where a buyer drove by a home, stopped to pick up a flyer and the homeowner noticed and invited the buyer in to look at the house. The buyer loved the house and called her agent to put in an offer. The buyer's agent was upfront with the listing agent and asked if the listing agent had any issues with her representing her buyer in this transaction. Of course, the listing agent said it was okay. Anyway, after the deal closed, the listing agent came after the buyer's agent for procuring cause. It was determined that THE SIGN was the procuring cause (which was installed by the listing agent), and so the buyer's agent was forced to fork over part of her commission to the listing agent! Go figure!
All I'm saying on this whole scenario is that Procuring Cause will probably be factor, judging from other cases that have come down the pike. Check out some of those cases. Most of them totally defy normal logic. If I'm being interviewed to be the "new" agent representing this buyer in this particular transaction, I know I wouldn't touch this with a 10-ft pole. Of course, all these real estate boards are local, so maybe it will play out differently in the poster's state. But I could almost guarantee you what would happen in sunny AZ.
Nonsense Joey. Once the client ends the relationship there is absolutely no way another agent can wilfully interject himself.
You are sentenced to go back to school with Gretchen.
Comeon guys...we are smarther than this. If you lose the client, particualrly for cause, before the deal is closed, there is no recourse. If you don't deliver you don't get paid. What could be simpler?
Thanks, olecapt, I continue to take C.E. legal classes every few months. For some procuring cause factors and the court case precedents, you can check out PROCURING CAUSE FACTORS
While there are precedents, etc, that if an agent is negligent in performance or abandons his client, then a subsequent agent could become the procuring cause, I don't see it as a simple situation that couldn't end up in arbitration, depending on if the original agent pursues it or not.
Since we all practice real estate in different states, and since those states enforce things to various degrees, I think it's difficult to determine with certainty how things might turn out in this particular situation.
Certainly the poster can choose to hire a different agent if they'd like, but I think the jury is still out on who will get paid in this deal.
Last edited by Gretchen B; 06-16-2007 at 12:46 AM..
Reason: typo
I know of one case in our area where a buyer drove by a home, stopped to pick up a flyer and the homeowner noticed and invited the buyer in to look at the house. The buyer loved the house and called her agent to put in an offer. The buyer's agent was upfront with the listing agent and asked if the listing agent had any issues with her representing her buyer in this transaction. Of course, the listing agent said it was okay. Anyway, after the deal closed, the listing agent came after the buyer's agent for procuring cause. It was determined that THE SIGN was the procuring cause (which was installed by the listing agent), and so the buyer's agent was forced to fork over part of her commission to the listing agent! Go figure!
All I'm saying on this whole scenario is that Procuring Cause will probably be factor, judging from other cases that have come down the pike. Check out some of those cases. Most of them totally defy normal logic. If I'm being interviewed to be the "new" agent representing this buyer in this particular transaction, I know I wouldn't touch this with a 10-ft pole. Of course, all these real estate boards are local, so maybe it will play out differently in the poster's state. But I could almost guarantee you what would happen in sunny AZ.
We saw the open house notice in the Sunday paper. We went and looked. Told the listing agent we had an agent. Our agent did not tell us about the house, did not show us the house, did not see the house until we had it inspected a week later. We told her about it on Monday and she called the listing agent. We feel the sellers are getting everything THEY want and all of THEIR closing needs are being met. We wanted to close on the 31st. They still wanted 3 days which would have put us over on our lease. So they counter offered with the 27th and 3 days to move out. Gives them the weekend to move into their new home (they are trying to close on same day with selling and buying) WHAT ABOUT OUR NEEDS??? Our agent keeps telling us not to ask for too much. We do want the house so I guess we should just bend over and let everyone have their way with us, but we don't NEED it. I guess we're just pissed that she isn't brave enough to deal aggressively for us, and we don't know what is acceptable or customary. WE DON'T want to ask for silly stuff, but if she discourages us from asking for anything but the basics, we can't feel good about it. I think our only recourse is to fire her, eat the inspection fee, lose the house and explain to the sellers that we haven't felt comfortable with our agent and we hate to lose the house, but we're droppping her and losing the deal too. We'll save up enough and begin the search again next year. Thanks guys. Lesson learned. We'll know what to look for in an agent next year, that's for sure!!!
Jamie, take a deep breath. Your agent may know that you really, really want the house, and she wants to make sure you get it. I will always caution my buyers that anytime we make a change to the purchase offer, it is in effect a rejection of the current offer and the owner can reject and you cannot go back to the original offer. You are out.
that being said, I will negotiate aggressively for my buyers, when they can tell me that they understand that they risk losing this house and are ok with it. Be clear with your agent that it is extremely important for you to have those 3 days and you are willing to lose the house over it. If you are.
When my client can tell me that it is that important for them to win that or another point, I can negotiate firmly. but if you are going to be upset and blame for losing your dream house over 3 days... well, I would hate to be put in that position. You are in charge, and have to accept the consequences of your decisions. Some buyers aren't willing to accept the consequences.
Have a sit down with your agent and tell him/her that it is that important to you to have those days... And then tell her that you don't mind if you lose this house over it... and where you will live or if you have time to find a home in the meantime for closing on your date.
Also, in negotiations, one of the first things I ask my buyer clients.. what is most important to you: closing cost assistance, closing date, price of home. If you got a good price for the home or something else in the offer, maybe the 3 days is not too big a deal? I don't know, but I think looking at big picture helps.
Thanks, olecapt, I continue to take C.E. legal classes every few months. For some procuring cause factors and the court case precedents, you can check out PROCURING CAUSE FACTORS
While there are precedents, etc, that if an agent is negligent in performance or abandons his client, then a subsequent agent could become the procuring cause, I don't see it as a simple situation that couldn't end up in arbitration, depending on if the original agent pursues it or not.
Since we all practice real estate in different states, and since those states enforce things to various degrees, I think it's difficult to determine with certainty how things might turn out in this particular situation.
Certainly the poster can choose to hire a different agent if they'd like, but I think the jury is still out on who will get paid in this deal.
Gretchen's got a very good point....state to state it may be different. I agree with her completely here.
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lots of things happen in real estate deals
Sorry for the misunderstanding
Go figure!
For some procuring cause factors and the court case precedents, you can check out 
