If you are working an open house for another agent who is working for the same broker and someone comes in and wants to make an offer on the house would you have to become a buyers agent to get paid or would you be a sub-agent to the seller?

The seller is your broker's client so you are representing the seller. If someone wanted to make an offer and did not want representation, you will be acting as a sub-agent and you should be compensated by the listing agent at closing.

But, this needs some clarification. As we have all learned in our prelicensing classes and in our required continuing education classes, any substantial contact with a customer requires that we disclose agency relationships. If the potential buyer desired to be represented, you would have enter into a buyers representation agreement with this person and you would then be a buyer's agent.

In Minnesota, this relationship is called dual agency. Not sure what state you are in so you would need to check. (some states have designated agency)

If dual agency is allowed in your state, you will need to be sure that the listing agreement allows for a dual agency relationship for this particular tranasction. In Minnesota, the seller must indicate on the listing agreement whether they will accept a dual agency situation.

Jim,
It all depends on the posters state laws on agency.
In IL we have designated agency so you can have two agents, one representing the seller and one representing the buyer both from the same company but that is not dual agency.
If the agent holding the open house is not not the listing agent then there would be no dual agency in IL.

This is in Arizona

In our listing agreement we can check how the seller will/wants to be represented in case of an in-house transaction, transaction broker, or designated broker. Most companies have a policy and preference which block to check.

your broker is the "agent" of the seller, you and the listing agent represent the broker and the seller. The buyer/offeror can usually elect to also be represented by the listing broker (dual agency), if the listing broker and seller are agreeable. The buyer can elect not to be represented by the listing broker/agent. In a dual agency situation, a buyer's agent is irrelevant.

What you and the other agent are paid by your broker is a matter of office policy or specific agreement.

If I was the agent holding the open house for another agent in my office, and someone came in and wanted to put an offer in on that home, they could use me as their buyer's agent if they allow me to. Regardless if both of us work for the same broker. We as agents are independent to one another (unless stated otherwise). But this probably varies from state to state.

You're in Arizona. It's Dual Agency . Basically you become a mediator.

"You're in Arizona. It's Dual Agency . Basically you become a mediator."

If a buyer wants to be represented, he does not have to go to another company here in Colorado, the listing broker can designate another agent to represent the buyer as a buyers agent. I guess the managing broker would be like a "mediator" between the two agents of his company?

In order for you to get paid then you would have to be a buyer's agent to the buyers (if your state allows dual agency, since you and the seller's agent are under the same broker). Or...

If the buyer's do NOT want representation but still want to purchase the property, you could refer them to the seller's agent and get a referral fee from the seller's agent.