do I have to have my agent to buy a for sale buy owner home?

Question

i have been looking for a house and have a real estate person that i have signed a contract with to show me houses and such,
She has not found 1 house for me to look at, she only shows the houses i call her about.
I looked by myself at a for sale by owner house yesterday and am ready to make a offer,but she says that we have to pay her her percentage.
The seller does not want to deal with agents, just sell her house and avoid commisions.
what can or should i do.

we did sign a agreemant a wb-36 good for one year.................

Answer 1

Ahhh....tell her the next time you see her, "Not so fast".

If she did not find you the home, show you the home, draw up the contract, etc....then you owe her NO commission....contract or not.

Realtors have to be the "precurring cause" of a transaction...that means that they were the start of it, the cause of it, they brought you and the seller together.

Your Realtor...didn't do ANY of those things.

That is a small portion of Real Estate law that Realtors like to forget about....and a small call to the Real Estate Commission in your state will confirm that.

Call her broker and explain to her broker what has happened...and mention that your Realtor was not the "precuring cause" of the transaction, and you don't intend to pay her a fee.

She can sue you...but she will lose because the judge will want evidence to show that SHE told you about the property or advised you on it...which she will be unable to produce. Plus, you'll have the sellers to back you up.

That is the answer to your LEGAL question...now here is ADVICE: If you are an unseasoned homebuyer, you are making a mistake in purchasing a home without legal representation. Is the seller giving you a discount for not using an agent? Is the home 6% below market? Of course it isn't...the sellers are wanting to pocket that...but know your legal rights before you sign.

PS: I have went to court as an expert, for this very issue in no less than 9 different cases over the years. A contract, is not legally enough, to get a Realtor a commission...they have to work for it.

Answer 2

I am a Realtor and it seems like you signed on with one bad real estate agent. You signed a contract so if you try to buy a house behind her back and you get caught you will owe her some serious cash. Reread your contract. How long is it for? The most a person should initially sign for is two months. That way if they are unhappy with their Realtor they can just let the contract lapse. In Massachusetts every Realtor must work with a Broker. If you are so displeased with your agent (and i don't blame you) please contact the broker involved (their name should be listed on the contract) and tell them about your experience perhaps they can do something. The best course after that is to register a complaint with the state board of Realtors. You may be trapped in the contract still however. If this is the case have your attorney see what they can do. It just might be that you have to hold off till your agreement expires. You should always have an attorney, especially if you don't have a Realtor, to write up the contract and perform a title search to assure there are no problems such as liens or rights of way with the deed.

Answer 3

Your agent should be reported to her Broker immediately and then take it to the Board of Realtors.

Read your contract and look for any contingencies which are loopholes that every Realtor,agent,investor knows can get them out of the contract or that can guarantee they get their commission.

Your agent is going against her ethics and moral clause and if you report her to her Broker and the Broker is aware that she is doing this to Buyers and Sellers than that is unlawful.

Even though agents and Realtors and Brokers for that matter have what's called E & O insurance, when something is done blatantly than the insurance is going to be looking into things as well.

Most of the time the Seller is the one who pays commission and she knows how hard it would be to get a For Sale by Owner to pay her commission that is why she doesn't want to deal with it.

My suggestion would be to request an appointment to see your agent and her Broker at the office. If she comes back and says her Broker is too busy or that they just don't have time then you know something is up. Write all of this down with dates, times and who you've spoken with.

Then you can either go to a real estate attorney, or to the courthouse and file yourself in small claims court. Make sure you have all your paperwork available so the judge can make a decision based on what you have in writing and not just verbal agreements. The judge will then decide who is telling the truth.

In Indiana, the Board of Realtors as well as the state are looking into over 3,000 licensed agents for practicing fraud and other issues.

Answer 4

No, you do not need an agent. And, I imagine the contract is only good for a house that she showed you, not for one you found yourself. I'm amazed that you even had to sign a contract with an agent to buy a house. I've never even been asked by an agent to sign a contract.

You can either go about it without an agent, or be fair and pay her commission yourself (which I did on a previous purchase when I had been using an agent and then bought a for sale by owner house - fair is fair). If the seller won't deal with an agent, then you can simply pay her commission (which will probably be about 1% of the house value and can be rolled into your mortgage amount.)

Answer 5

I would re-read the contract but most contracts only apply to any home the agent showed you. If you find a house on your own, she wasn't doing her job. I would check your local real estate laws, but I wouldn't think you would owe her a cent. Your other option is to get out of the contract, either by complaint at her level of help or just letting time run it out.

Good luck!

Answer 6

First of All, sortaclarksville, you are such an idiot. Why would she pay an agent a commission who did nothing? Do not listen to him.

Read your contract (next time don't sign one). Don't tell her you are buying a house. Just cut contact with the agent and buy it yourself. Sheesh.

Answer 7

You do not have to use the agent to close the deal, but you WILL have to pay her commission on the transaction if you have signed a buyer agency agreement.

The seller need not meet the agent and 'deal with her'. But you are obligated to pay the charges under the terms of the contract which you signed.

Answer 8

Yes. Use a Realtor when buying a "FSBO". Having representation as the Buyer is your ace in the hole. The agent's job is protect your rights and investigate the property so that you, as the buyer, have all information available to ensure your comfort and willingness to pursue the closing.

Frequently unrepresented sellers fail to have the appropriate disclosures and documents that are required by law.

Answer 9

NO NO NO NO NO....if the realtor did not find the house for you AND they seller wants no realtors...you NEED NOT involve the realtor. I am tired of them sitting on their buts doing nothing and expecting money!

Also...did you sign a piece of paper with the realtor when you started looking? If not then 100% sure without a doubt you are in the clear! Go buy your house!

Answer 10

Well you have options; #1 work with the Realtor you sign up with and have her write the contact. #2 dump the Realtor, grab a napkin and write your own offer (LOL) , #3 hire an attorney to write the offer. My concern for you is that you are not represented in the first two options, better to have someone represent your interestes, but at least reviewing the purchase agreement and it's language. Good Luck!