Thread: Non use of a Agent - First Offer

Hi all I recently put in an offer on my own without a agent. The offer was rejected. Which was fine. For certain reasons that have come about I was possibly going to keep an interest in the house but now want to us my own broker to present any future offers. Any issues with this???

I don't see why there would be any problems. As a buyer you aren't paying the agent and to be honest, so what if you made an offer and now you have an agent who will represent you. That is the smarter route to take anyways.

Gladiator, I am sure you are doing this "bona fide".

However, as a listing agent, I encountered few instances of the similar behavior on part of buyers who were trying to cheat me of part of my commission. They were looking for the houses on their own, making offers and when they felt their next offer is about to be accepted, suddenly presented their friend with real estate license who would claim part of my commission as selling broker.

This scheme would not work with my firm. Every time a person (not represented by another broker) presents an offer for my property, they have to sign that they agree that in this particular transaction they will be represented by my firm. Dual agency is permitted in NY.

My advice to all listing agents is to do the same.


Gladiator, I wonder if listing agent for that property agreed to split his commission with your new agent.... Everything depends on whether you have initially used your own form for the written offer to purchase or if you used pre-printed form containing the above mentioned clause given to you by listing agent

Originally Posted by Gladiator

Hi all I recently put in an offer on my own without a agent. The offer was rejected. Which was fine. For certain reasons that have come about I was possibly going to keep an interest in the house but now want to us my own broker to present any future offers. Any issues with this???

assuming this was a FSBO, you did the right thing. if They are uptight about it just let them know that an agent can protect you both. and For you, this way you will get Sellers Disclosures, Mold Disclosures and other information that will protect everybody. If the Seller has a problem with it, than they have something to hide and your best to move on to another property. good Luck out There

Originally Posted by NYorker

Gladiator, I am sure you are doing this "bona fide".

However, as a listing agent, I encountered few instances of the similar behavior on part of buyers who were trying to cheat me of part of my commission. They were looking for the houses on their own, making offers and when they felt their next offer is about to be accepted, suddenly presented their friend with real estate license who would claim part of my commission as selling broker.

This scheme would not work with my firm. Every time a person (not represented by another broker) presents an offer for my property, they have to sign that they agree that in this particular transaction they will be represented by my firm. Dual agency is permitted in NY.

My advice to all listing agents is to do the same.


Gladiator, I wonder if listing agent for that property agreed to split his commission with your new agent.... Everything depends on whether you have initially used your own form for the written offer to purchase or if you used pre-printed form containing the above mentioned clause given to you by listing agent

I hear this. and "Procurring Cause" comes into play. you are the reason the home is selling and the other agent is not entitled. This happened to me, I was even ready with the offer written up for the buyer and at the buyers request, with their price and terms and the appointment set. The buyer was an hour late and the next thing I know I get a fax from a Realtor 2 hours away with an offer on the same property and they had not even shown it or new anything about it. I was floored, I let the buyer know how I felt and essentially chased the buyer away. I later found out that I should have let the offer go through with keeping my mouth shut, and than when commission time came, I would simply not pay the SOC and go to arbitration proceedings at my local MLS to decide who really was procurring cause.. and YOU were so THEY lose.. Know your Rights

Everything is fine. However, I see it as a more difficult deal.
Let's assume it is a FSBO and the asking is 100. You made a offer at , let's say, 90. Your offer was rejected.
Now you go with an agent, willing a commission.
You need to offer more than 90 and you need to include a 6% on top.
If not, rejection again.
And because it is a FSBO, I guess the seller will go with a 6% on top of 100.
You may also learn the art of negociation.

Originally Posted by Codythebest

Everything is fine. However, I see it as a more difficult deal.
Let's assume it is a FSBO and the asking is 100. You made a offer at , let's say, 90. Your offer was rejected.
Now you go with an agent, willing a commission.
You need to offer more than 90 and you need to include a 6% on top.
If not, rejection again.
And because it is a FSBO, I guess the seller will go with a 6% on top of 100.
You may also learn the art of negociation.

the Art of Negotiation

True Cody, it is an art, and Sellers sometimes do not disclose pertinent information that leads to latent defects. I say if the deal is difficult and road blocks keeping popping up than it is not meant to be and you should walk away in this case. Or if you know the market well, just pay the $106,000, do your detailed examination of the property looking for Red Flags and dive in. keeping in mind that it does not have to be games, make an offer you can work with and if the seller cannot than find one who can, it is a Buyers market isn't it. Well most of the country is, I guess that is not affecting large ranches and recreational properties. Good Luck ALL... Trust your Intuition about the Situation. Your Right.

I disagree - if I am the listing agent (and dual agency is allowed in Oregon) I would rather someone bring their own Realtor - although dual agency is allowed it is asking for legal issues. There is no way in a case like this I can represent the buyer and seller fairly - how do you make sure you are giving 100% to each side? I guess I would rather caution on the side of representation than have someone turn in a complaint and waste my time and money defending a greedy transaction. But that is my opinion there are a lot of agents that would be take both sides in a heart beat.

Originally Posted by Thesa

I disagree - if I am the listing agent (and dual agency is allowed in Oregon) I would rather someone bring their own Realtor - although dual agency is allowed it is asking for legal issues. There is no way in a case like this I can represent the buyer and seller fairly - how do you make sure you are giving 100% to each side? I guess I would rather caution on the side of representation than have someone turn in a complaint and waste my time and money defending a greedy transaction. But that is my opinion there are a lot of agents that would be take both sides in a heart beat.

great websites..
I like dual agency, obviously it is twice the money and that is nice. But for me ( I am licensed in MT, ID, and OR) I have found that I get into less hassles with dual agency. I have had situations where buyers agents don't tell the potential buyer issues with the home or the "how things work" and if I had led my own client through I would have disclosed more. Also now it seems a new trend where buyers demand they work with the listing agent. I had someone call the other day that said, they had no agent and would only call the listing agent to look at property because they lost a deal with the "going and back forth". I hate to admit it but in Oregon and Montana I have sold property in the last year and have found that it is hard to get a deal through when its not dual. It seems listing agents make it harder and harder for a buyers agent to get a fair shot, and quite often they even put their own buyer in the mix. If we could all just do the right thing, than buyers agency would be great because you are absolutely right, you cannot tell the whole truth and nothing but in dual agency, however some things can't be said anyway. Nice post Thesa and again, liked your websites.