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Hi,
Here is my situation. We contacted directly the listing agent to view a property listed by her. My husband also informed her that we were interested in some other properties around. She quickly extracted all the info from my husband about those other houses on our favorite list. She was very aggressive asking those questions, and we felt we had to tell her, since we were really interested in the house that she was representing. To cut a long story short, in a matter of hours she called other listing agent and arranged with them the viewing of another house (that was not one of her listings). She did not go to show it herself. All she did - made a phone call to another agent. Now she insists that she is entitled to some commission if we buy that house since she did that phone call. Is that honest at all? Is that an ethical behavior?
That other house that we saw we found in the internet long before we met her and can actually prove that since we are receiving e-mail updates from that web site. I really do not want to hire her as our agent, since she is very pushy and feels insincere.
She showed us the house on her listing and then insisted on dual agency, since she showed us the house. She said we could not represent ourselves either.
When I first asked her if there could be any reduction of price if we buy a house that she was representing (having the dual agency), she became very angry and said that she does not want to discuss anything about her commission.
What she is - is greedy. Dual agents are allowed in some states, like here is Texas, but I wouldn't allow it if I were the seller or buyer. Are you interested in the house she has listed? It could get tricky if you were, because she did show you the house.
As to the other houses that she did not show - I don't see how she would be entitled to anything. I suggest you get your own buyer's agent and go that route. Don't have any more listing agents show you their houses.
Hi,
Here is my situation. We contacted directly the listing agent to view a property listed by her. My husband also informed her that we were interested in some other properties around. She quickly extracted all the info from my husband about those other houses on our favorite list. She was very aggressive asking those questions, and we felt we had to tell her, since we were really interested in the house that she was representing. To cut a long story short, in a matter of hours she called other listing agent and arranged with them the viewing of another house (that was not one of her listings). She did not go to show it herself. All she did - made a phone call to another agent. Now she insists that she is entitled to some commission if we buy that house since she did that phone call. Is that honest at all? Is that an ethical behavior?
That other house that we saw we found in the internet long before we met her and can actually prove that since we are receiving e-mail updates from that web site. I really do not want to hire her as our agent, since she is very pushy and feels insincere.
She showed us the house on her listing and then insisted on dual agency, since she showed us the house. She said we could not represent ourselves either.
When I first asked her if there could be any reduction of price if we buy a house that she was representing (having the dual agency), she became very angry and said that she does not want to discuss anything about her commission.
You should not under any circumstances let this women represent for anything. Now do you want to represent yourself or hire your own agent? If you want to hire your own agent find that you like and have no further contact with this person. You do not have a contract with this person(you haven't mentioned signing anything) and you don't have to pay her anything. If there is anything else to deal with this women let the new agent handle it. They will deal with through arbitration etc, but she probably won't get a commission from you for anything besides the listing she showed you. The one she showed I'm not sure about could go either way. Maybe some agents will comment on that one.
If the woman keeps bothering you call her broker tell him/her that she is harassing you and to make her stop.
To cut a long story short, in a matter of hours she called other listing agent and arranged with them the viewing of another house (that was not one of her listings). She did not go to show it herself. All she did - made a phone call to another agent. Now she insists that she is entitled to some commission if we buy that house since she did that phone call. Is that honest at all? Is that an ethical behavior?
The issue this agent is trying to insert herself into is called procuring cause. No, she is not entitled to any commission for not showing you a property and not writing up any kind of offer. Doesn't mean she won't make things miserable, but you don't have to worry about that.
Here is what you need to know...if it is your intention to represent yourself in the transaction as part of a commission reduction you'd better get better skills. The listing agent has a fiduciary duty to their client and none to you. So if you start spewing to them what other houses you are interested in, you are potentially harming yourself. If the listing agent has any market knowledge they will have been in some if not all of the competition and will know what they are negotiating against. It is none of the listing agent's business what else you want to see. So, get a backbone, and tell the listing agents that ask that it is none of their business. Keep your personal information to yourself.
If you can't do that, please get a buyer agent to assist you because you will get creamed in negotiations and that would be sad when we are sitting in a predominantly buyer's market in most areas.
I agree with everything that's been said. This woman is obnoxious and lazy; you don't owe her a thing. In fact, if you get another agent and decide to buy her listing, she may squawk but she will not be able to prove procuring cause because that requires an unbroken chain of events running from her showing the property to your purchasing it. Obviously, your selection of another agent breaks the chain so that's it for her. Besides, it really is a broker issue, not a buyer issue.
Hopefully you've not signed a Buyers Agreement. If you've not, send her a nice email telling her you do not need her services. Tell her to contact your agent if she has any questions and give her the agents phone number.
If that doesn't work get a little harsher and tell her no way in Heck would you consider her your agent.
If there's nothing in writing, she has no contract or agreement with you guys.
Thank you very much for all of the replies. I appreciate your support.
No, we did not sign a general buyer -broker agreement, but we did make an offer to her listing with her. That house she represented was way way way underpriced. The sale did not work though and we were thinking we were done with her.
I will definitely hire another agent to work on other houses. What happened was this woman agent, let us call her Nicole, called another agent and arranged our viewing on another house. She was not there herself. That was not her listing and not even the listing of her company. Later we became interested in that house again but the agent whom we offered to represent us in that deal refused. She said that other woman (Nicole) will probably claim her commission and she does not simply want to deal with all that. My husband talked to Nicole over the phone and asked her "BTW, are you entitled to any commission on that particular house (that you did not even show)"? and she said "Yes, but I will ask for a very reasonable amount".
I will definitely hire another agent, just have to find someone who is not afraid of Nicole )))
What she is - is greedy. Dual agents are allowed in some states, like here is Texas, but I wouldn't allow it if I were the seller or buyer. Are you interested in the house she has listed? It could get tricky if you were, because she did show you the house.
As to the other houses that she did not show - I don't see how she would be entitled to anything. I suggest you get your own buyer's agent and go that route. Don't have any more listing agents show you their houses.
Thanks for commenting, cheryjohns. I actually agreed in the end to hire her as a dual agent for the property she did show to us (her listing). That property was very very much underpriced. I only lasted on the market for two weeks, I think, and it was in our interests to act quickly and we did not have any agent at that moment (we were just browsing the internet listings).
But that deal on her listing did not work out. Partly it was our fault, but that is besides the point.
I just wanted to know if that is anywhere possible that an agent who we see for the fist time in our life, makes a phone call on our behalf to another agent and then thinks that she is entitled to part of the commission.
I guess nobody have ever heard of such a thing.
Hopefully you've not signed a Buyers Agreement. If you've not, send her a nice email telling her you do not need her services. Tell her to contact your agent if she has any questions and give her the agents phone number.
If that doesn't work get a little harsher and tell her no way in Heck would you consider her your agent.
If there's nothing in writing, she has no contract or agreement with you guys.
Thanks, that is a great idea! We did not sign the agreement to hire her.
But we made an offer with her on another listing and signed dual agency agreement (but that property is already sold to somebody else - we did not buy it in the end). I am not sure if that counts.
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