Seller/Buyers agent issues

**Z-man** · 02-27-2008, 04:28 AM

My wife and I have been looking for a house for about a year now. We've been renting and want to move up. During our search we ran across an agent who we really liked. She was helpful and friendly. She showed us a few houses over a series of months.

We once asked her informally about being our buyers agent, and she said it was something she would do, but there was nothing ever formalized as at the time we were asking we weren't really interested in the place she had shown us. It was a side note at the time.

Recently we became interested in a place her brokerage was selling and it was her listing. Since we have had this relationship with her in the past we asked her to show it to us.

My wife has done some research into this process and told me that she would be showing us the place on behalf of the seller and we should be careful about how much information we divulge in her presence during the walk through.

We've looked at the house, and really like it. We would like to put an offer on the house, however as first time home buyers we aren't real confident in doing so without someone in our corner so to speak.

We contacted another agent, who was recommended to us, to be our buyers agent. She politely declined and said she didn't want to step on the listing agent's toes.. The other buyers agents have said essentially the same thing.

The listing agent never brought up the fact that by showing us the house we would no longer be able to use a buyers agent.

We really don't want to get into a dual agent situation here, but if we want the house we may have to.

We live in NY currently.

What advice can you give me?

**Codythebest** · 02-27-2008, 05:02 AM

1) you may get a buyer's agent at anytime. There is no such a thing as you can't get a buyer's agent once you saw the place.
2) She may elect another agent in her brokerage to represent you and get some kind of financial arrangement betwen them.
3) Since there is no buyer's rep document, there is nothing she can do as to represent you if you don't want to.
4) This is a free country damn it!!

**RobM** · 02-27-2008, 05:50 AM

In alot of states dual agency is not allowed but I am pretty sure it is allowed in NY. I think she probably knows enough about you at this point so not sure what you have to gain by getting a buyers agent different from her. Is this home the house that you want? Typically, the agent should have given you an agency disclosure document spellilng out what she is to you and what the other agencys are. I would just speak with her about it and if you feel comfortable, stick with her. If not, then get someone new.

**Z-man** · 02-27-2008, 07:42 AM

Originally Posted by Codythebest

1) you may get a buyer's agent at anytime. There is no such a thing as you can't get a buyer's agent once you saw the place.

This was my thought as well, however every agent we've approached to be our buyers agent has declined once we tell them that she showed us her listing..

2) She may elect another agent in her brokerage to represent you and get some kind of financial arrangement between them.

Unfortuantly they only have 4 certified buyers agents. The listing agent is one of them. We absolutely hate another, the 3rd is an airhead, and the 4th is brand new.

So I would like our buyers agent to be from a different brokerage.

**Z-man** · 02-27-2008, 07:53 AM

Originally Posted by RobM

In alot of states dual agency is not allowed but I am pretty sure it is allowed in NY. I think she probably knows enough about you at this point so not sure what you have to gain by getting a buyers agent different from her. Is this home the house that you want? Typically, the agent should have given you an agency disclosure document spellilng out what she is to you and what the other agencys are. I would just speak with her about it and if you feel comfortable, stick with her. If not, then get someone new.

yeah it's legal here unfortunately. We want the buyers agent more or less to walk us through the process as we are first time home buyers. We just need them there to bounce questions off, and ask advice in confidence.

We know we won't get that with the sellers agent, as it's her job to get the best price for the seller.

We've also recently heard some disturbing information concerning this listing agent from a couple friends of ours. Apparently she has a history of getting into these dual agent situations. We were never given a disclosure document.

At this point I'm wary about dealing with her.

**Codythebest** · 02-27-2008, 09:27 AM

Originally Posted by Z-man

This was my thought as well, however every agent we've approached to be our buyers agent has declined once we tell them that she showed us her listing..

Unfortuantly they only have 4 certified buyers agents. The listing agent is one of them. We absolutely hate another, the 3rd is an airhead, and the 4th is brand new.

So I would like our buyers agent to be from a different brokerage.

You are the client, you are the public. UNLESS you signed a document with her, you can go freely anywhere to ask another buyer's agent. If they all say no, there is something I don't know or you don't tell...

**carlam** · 02-27-2008, 10:40 AM

It sounds like this agent doesn't know all the rules/ laws about being a dual agent. By law she has to disclose this on first contact that she is a dual agent and you are supposed to sign a document that states she has told you this. Sounds like she didn't do this.

If you really want this house, go back to one of the other agents you contacted and let them know you never signed any agreement and would like them to reconsider being your buyer's agent. She may know enough about your situation, but your interests could still be protected by your agent so you are all playing by the rules (especially the listing agent).