If a realtor shows me a property and is not the listing agent, am I obligated to use him/her?

July 15, 2010 - 8:50 am 5 Comments

I have not signed any agreements with this agent.
Could I still buy that property with another agent? I have not signed any agreement with this realtor

You don’t have to use the agent who showed you the property. However, using a different agent is going to cause commission disputes. The agent who showed you the house has ‘procuring cause’ for introducing you to the property, and is now entitled to at least a portion of the commission, on that basis. In fairness to a different realtor, you should inform said different realtor that you initially viewed the property with another. The agents can work out any issues (if possible) amongst themselves. If the initial agent discovers that you are going to buy using another, the agent can quickly file a ‘lis pendens’ on the property to insure that he/she is paid. That would require the agent to be paid prior to or at closing.

As well, do NOT rely on the timeframe of 90 days provided by another respondent. That varies from state to state. In MY state, that period is one year.

5 Responses to “If a realtor shows me a property and is not the listing agent, am I obligated to use him/her?”

  1. knowitall Says:

    You do not have to use them for other properties, but if you buy that particular property within 90 days of seeing it, that agent is due the commission for selling it.
    References :

  2. acermill Says:

    You don’t have to use the agent who showed you the property. However, using a different agent is going to cause commission disputes. The agent who showed you the house has ‘procuring cause’ for introducing you to the property, and is now entitled to at least a portion of the commission, on that basis. In fairness to a different realtor, you should inform said different realtor that you initially viewed the property with another. The agents can work out any issues (if possible) amongst themselves. If the initial agent discovers that you are going to buy using another, the agent can quickly file a ‘lis pendens’ on the property to insure that he/she is paid. That would require the agent to be paid prior to or at closing.

    As well, do NOT rely on the timeframe of 90 days provided by another respondent. That varies from state to state. In MY state, that period is one year.
    References :

  3. Knowledge is Power Says:

    You do not have to use the agent for other properties. In reference to the property you were shown by the agent the right thing to do is to use them. Remember your ethics.
    References :

  4. azrealestate09 Says:

    I agree with the last two answers. If this agent showed you the property, he or she deserves the commission. They were the procuring cause. Why would you not use them? Its a matter of ethics.
    References :

  5. loanmasterone Says:

    Legally you may use whomever you would want to use as your real estate agent,however, since this agent showed you the property first you should tell any other agent you have in mind to use that you were previously shown this property by another licensed real estate agent. They would have to work out a real estate commission split.

    In all fairness you should allow this person to complete this transaction if you are really planning to purchase this property shown to you by this agent.

    As I see a potential problem with another agent showing and getting a commission for writing the sales contract. Your new agent would be sort of reluctant in giving up any portion of the real estate commission as this new agent will say your old agent should have gotten a signed contract with you.

    So in all fairness you should continue this transaction with the current agent as you did not and have not signed an agreement with them.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"
    References :

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