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IAN P | I have a buyer for my house who has viewed through agent 1 but wants to buy through agent 2 is this legal? |
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wendy a
|
If they don't have a buyer representation agreement with agent one. It's truly reprehensible though. If doctor one does a surgery would they pay doctor two? Has agent two offered some sort of cut in the commision rate, is agent two representing you? I would truly questions any business dealings with someone so ready to rip off someone else. Agent one is the agent that should get the money in this situation, unless agent two was already represnting the buyer and agent was only showing the house for agent two, or agent one is representing buyer. |
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Marky
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If you are on a multi-agent setup, then it is fine as the agents know the risk. If you are contractually obliged to only one agent, then you will be in breach if they don;t get theri commission. |
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radio80flyer
 |
The buyer should go through agent 1 because agent 1 did the work. However, they probably didn't sign a contract as the seller does. Hence, it would be legal but not ethical. |
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chip2001
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(I presume you're in the UK like me)
Hi, I work in an estate agency, and while I don't think there's any law against it, there is an agreed etiquette - that is, that the agent who introduced the buyer gets the commission.
However, you should check the agency agreement that you signed. Look carefully for a clause about paying commission to the agent who introduces your eventual buyer.
You can go ahead if you like, but if the other agent finds out who the buyer is, you'll get hassle. |
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acermill
 |
It's legal, but it could create a mess, especially if there is a substantial amount of commission involved. Agent 1 has 'procuring cause' for finding the buyer, and is entitled to a commission for doing so. Agent 2 will also want to be paid, and there's bound to be a dispute over how the monies are spent. Depending on your contract, if you have one, you could get drawn into the middle of it.
However, the buyer is entitled to do as he wishes. The buyer and agents involved should be made aware of the potential pitfalls and reach some sort of agreement ahead of time. |
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Nick P
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It'probably against the agreement you signed with the first agent and both could go for the fee and you don't want to pay twice.
Let both agents know the situation, tell them you will pay only one fee and let them agree between them who gets what. Also make sure they put it in writing so there can be no argument.
I'm interested as to why your buyer wants to use agent 2 - are they friends, will he get some form of kick-back if the purchase goes through? I may be overly suspicious but it's worth consideration. |
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Veston Pants
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As far as I know he is not obliged to go with anyone unless he has undertaken some private arrangement with the agents. Either way it will not affect you or the sale of your house to him if that's what you are worried about.
xxR |
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holly
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Read the fine print and go from there. |
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Dr. Deth
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they can hire whoever they want as their buyer's agent, but I assume you signed a contract with one specific agent to list your property, so that's who you would have to use on their end - if agent 1 is your listng agent - that's who you have to use, but buyer can get anyone as their buyer's agent or just use a lawyer |
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Christabel
 |
Pretty sure it's not. He's probably trying to get away with paying a lower buyers fee by going to the other agent. I think your agents might battle it out to be honest in the courts. Sounds like trouble to me and he may end up paying the costs as he's caused the problem in the first place.
If he's trying to shaft the system he's not the kind of buyer I'd want. It kind of makes you think of what he'll be like while you're in the process of signing contracts. I'd avoid him if I were you. |
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john & chris b
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Each state has guidlines for what is called "procuring cause".
The agent that actually writes the contract, is usually paid. If the buyer is under contract with an agent in a "buyers Broker" agreement, then it is really the buyers' problem, and not the seller. Most buyers broker agreements have a clause, that compensates them if the buyer buys through another agent.
If no contract with the agent, usually no compensation for agent #!. Lets also not forget, the buyer may not feel comfortable with agent #1, and have choosen another agent
based upon trust, knowledge of the market, or good chemistry between them. It may not seem fair, but when dealing with what is most Americans' biggest single purchase, the buyer needs to really feel comfortable with their
agent. Consider this, agent #1 may not have been responsive to their request to view the property again...this
"procurring cause" is a debate that has been going on all over Americas Real Estate communities...Hopefully, you will just get a contract that will make you happy...consult your attorney, or local Real Estate Board of Realtors for direction on what is typical in your area, and if you have any liability
Happy selling! |
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Marysue
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Go talk to your managing broker about how procuring cause of sale applies here. |
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tom4bucs
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don;t they usually sign an agreement with an agent to represent them - to show the houses
so if they did - agent 1 is on the hook
and may be able to get a suit if they go through # 2
--------------------------------------...
agent #1 listed our house - could not sell in 90 days as per contract - they send a 3nd agent from the realty to get us to sign -who could have been on America's top model
but we elected top go with agent #2 - who was spouse
of a friend - who I did not know sold real estate
she had our house under contract in a week - closed in 30 days
---------------------
gotta read the fine print |
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taxed till i die,
 |
As long as you get paid,Who cares.? |
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anonymous
 |
yeah...make sure you have your own agent as well...she will watch out for you...or get a real estate attorney...thee buyer..he/she wants to give agent #2 the profits...at least in the US its legal....i'll bet anything agent #2 is in some was related to him and will get part of the profits...lucky your selling your house though...mines been on the market for months.. |
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emmah2o
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what?????????????????????????????? |
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