NWR: Real Estate Law???

Hi,

If you call the listing realtor on a house and ask them to show you one of their listings, are you legally obligated to use them as your realtor if you want to purchase the house they showed you??

Can you get another realtor to represent you, after the listing agent has shown you the house, I don’t want to be in a dual agency situation.

Hmm... I honestly don't know if there's a legal/agency problem, though it might violate a contract with the agent if you had one... but it sure isn't too fair. I wouldn't waste a listing agent's time like that if I knew I was going to use another realtor, anyway...

Just get the realtor you want to show you the house, especially if it's on MLS. I believe the listing agent still gets a commission if the house on MLS sells through another agent, but it isn't the same.

Realtors generally work hard and have to put up with a lot of tire kickers. I think it's unfair to waste their time like this when you know you want another agent to sell you the house. Unless the two agents are with the same company and have an arrangement worked out between the two of them, I'd just have the agent you want show you the house.

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Posted by Kara and Todd

Hmm... I honestly don't know if there's a legal/agency problem, though it might violate a contract with the agent if you had one... but it sure isn't too fair. I wouldn't waste a listing agent's time like that if I knew I was going to use another realtor, anyway...

Just get the realtor you want to show you the house, especially if it's on MLS. I believe the listing agent still gets a commission if the house on MLS sells through another agent, but it isn't the same.

Realtors generally work hard and have to put up with a lot of tire kickers. I think it's unfair to waste their time like this when you know you want another agent to sell you the house. Unless the two agents are with the same company and have an arrangement worked out between the two of them, I'd just have the agent you want show you the house.

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Thanksfor the advice, we are int he process of intervirewing some agents to use as our own, but in the mean time I've seen some houses on line that I would like to check out, but I don't know how to take a look at them other than calling the listing agent

Hmm....

Well, if you liked the house you were shown by the listing agent, is there any reason why you wouldn't make the offer through the listing agent?

Hopefully someone with better knowledge / experience can help you out!

I'm pretty sure that if you see the house with an agent, and end up deciding to go back later on, you have to use the first agent you saw the house with... its like 'dibs'

Thats why they will always get you to sign in at open houses, and why i aslways used fake names when i was house-hunting

i wouldnt go witht he listing agent - they work for the SELLER - they won't be giving you comparables or antying - they are contracted by the seller - the seller is paying them, not you.

even if you do go with an agent - unless its a buyers agent - if they are showing you a house that is their listing - they are obligated to act in the best interests of the seller.

good luck - house hunting is frustrating!

there's an agent for the people selling the house and an agent for you. yes, you can go to the listing realtor, but you are entitled to have someone that represents your interests.

my fmil is in real estate, and this is what she told me. the listing agent may be pissed that he showed you the house and you didn't go through him, but basically, tough luck.

hmmm... i think if you see the house thru the agent, u need to go thru the agent to make an offer. but if the owner lists the house for sale by owner, then you could contact the owner directly and not be charged RE commission. not sure on that but it may be considered bad faith to go around the RE Agent if he's the one that intro you to the house....

that is correct - the realtor WORKS FOR the seller, not the buyer. though in theory (not usually in practice), there could be an agent that is hired solely by the buyer, in which case the buyer would be paying part of the fees to their own agent.

depending on the agreement the SELLER has with his agent, the buyer may or may not be able to go around that particular agent in purchasing the house. the repercussions are for the seller because, depending on the agreement the seller has with the agent, the seller may have to pay the agent a commission REGARDLESS of whether the owner finds a buyer or whether another agent finds the buyer. (ie is it an exclusive, an exclusive agency, or a listing). the only way to really know is by asking the buyer. or, if you ask the buyer to sidestep the agent and they say no or are extremely hesistant, it is likely b/c they have an exclusive or an exclusive agency, in which case they'd still have to pay the agent a commission.

i'll put the myth to rest right now...in new york state ALL realtors work for the seller cause that's who pays us at the closing. however, there is such a thing as a 'buyers agent' which is a person who works for the buyers best interest but then the buyer would pay us our fee at the closing. it's very popular in california but not really practiced here in NY cause no buyer really wants to pay a fee.

with regard to the poster who said they regret using the seller's agent cause the condo was messy at the walk thru...it would've been virtually the same had you used your own agent. they work for the seller even if its not their listing. therefore if the apt was dirty all they could say was 'you need to speak to your attorney about holding funds in escrow at the closing'. they cant actually argue with the seller for you.

FM me if you have questions. i've worked with sooooo many first time buyers and i'd be more than happy to answer any questions you might have!



ETA: to answer the original question, you can submit an offer thru any realtor as long as you dont sign a buyer agency contract. then you are bound to them. its preferred that you make offers thru the agent that showed you the house, but your not contractually obligated.