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The Buyers are Out and About...Buyers Agents ....Are you With THEM ?

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

   open house sign  The market is busier than it has been in many places throughout the country and open house signs dot the landscape on weekends more often than they have in the past.

    While there is always more than one opinion...legal or not...(or as we say...or there would be one lawyer)....from the pen/keyboard/mouth of our  highest and best source....a lawyer who teaches CE for Realtors, staffs the hotline for the state board of Realtors, and owns a title company... has some cautions to offer agents who "assume" that the Buyer is their buyer and also that they will be paid at closing.Uh oh....not necessarily so..... 

    buyer agency contract Ahhhh...you say Ms/Mr. Agent you have a buyer agency contract...the buyer has agreed to work with you so there is no problem ....you write the offer and of course, you will be paid...not necessarily so.......Buyers and agents believe that the contract is a protection for representation and commission...it may or may/not be in every case.

  POPULAR SCENARIO - Buyer has a buyer agency agreement with an agent and is driving and comes upon an open house sign....the agent he is working with has not told him about the house....not found it through listings sent ...just a "happened to be in the neighborhood" kind of situation. Buyer goes to the open house..explains he is working with an agent...has a buyer agency and tours the home on his own.  Later he tells his agent he would like to see the house again and the agent with whom he has a contract, goes with him and an offer is written. Offer is accepted, inspection done...financing concluded.  Closing date set.

  no sign  The offer to purchase was written with the Selling agent indicating he is working as  a Buyer's agent...the Listing agent behaves as though that is an accepted fact....UNTIL....sometimes minutes before the closing when the closing statement appears from the Seller's side of the table with NO COMMISSION paid to the Buyer's agent.WHAT ?

      The listing agent will claim "Procuring Cause" ....the sign caused the Buyer to come into the house...never mind who the Buyer worked with, never mind who did all the work, never mind that the listing agent behaved as though the represenation was an accepted fact...the agent....can claim procuring cause....and according to this lawyer...can win.

       How can a Buyer and the Buyer's Agent be sure that the representation is recognized and the Selling agent is paid...? Stay tuned for tomorrow's blog.....Amen and Women.

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Hi Sally,

Interesting concept. In our contracts it clearly states on the receipted page who each agent is representing and the commission paid. If there is a problem it comes up at the time offer is presented. In Texas the consumer has the right to work with who they want and this kind of agent squabbling doesn't go over well!

Sep 19, 2013 10:21 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Have seen this happen many times and I was called in on a dispute between 2 agents where I had done the open house for the listing agent a few times...the listing agent won because the buyer never acknowledged working with an agent both times into the open house...and yes the buyers agent never showed the house until later with them.  In this case, he was 'given' a small percentage of the pie commission.  Procuring cause can be a slippery slope if a buyer's agent is not careful, instruct the buyer properly to share agent's name and card with listing agent and follow up immediately with listing agent on any interest.

Sep 19, 2013 10:28 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Wow, if it looks sneaky and smell sneaky it is sneaky.  The fact that the situation waits for the closing table is the sneakiest part!

Sep 19, 2013 10:31 PM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

Yowza!

Sep 19, 2013 10:42 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Dorie....squabbling isn't cool here either...but the unpleasant surprises continue....and agents play "mute" until closing...urgh

Ginnie....Here....there is one company in particular who will try ANYTHING, ANY TIME a buyer appears at an open house....and hope that at the very least, they get a piece in mediation...

Jay - Sneaky surprises earn you a sneaky reputation

Roger- Yes...in a word...you're right !

Sep 19, 2013 10:53 PM
Clint Mckie
Desert Sun Home, commercial Inspections - Carlsbad, NM
Desert Sun Home, Comm. Inspection 1-575-706-5586

Hi Sally and David,

Why don't everyone play by the same rules? why is there always someone who is the "Back door" agent?

Makes no sense.

Have a good Friday and weekend in Wisconsin.

Best, Clint McKie

Sep 19, 2013 10:58 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

What?  Never heard of this.  Can't wait until tomorrow.  Want to do lunch on Oct. 8 - Tuesday?

Sep 19, 2013 11:13 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Sounds like a plan Chris....we'll "talk" !

Sep 19, 2013 11:43 PM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Hi Sally and David I have heard some awful stories about fights regarding procuring cause. When money is involved then people get crazy. Not everyone is honest and sometimes there are opinions that differ. Great writing, sometimes the buyers do not even understand the agents role.

Sep 20, 2013 12:51 AM
James Dray
Fathom Realty - Bentonville, AR

Yep it happens but here your credibility with all the other agents would be dead.  Youmight as well pack your bags and go, no-one else wold work with you. 

Sep 20, 2013 07:43 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

There is a whole huge brokerage here who makes this a regular practice.....hoping to win by intimidation.

Sep 20, 2013 10:22 PM