Here is a hypothetical question that hopefully an agent will be able to answer.

Suppose an individual has been on the market as buyer for a few years, and has established a relationship with an Agent. The agent has been diligent, and showed the prospective buyer several properties over the course of their relationship.

This buyer has even gone as far as making bids on a few houses, and was unsuccessful in finalizing any deals.

If, one day, this buyer finds a FSBO where the seller absolutely does not want to engage a Buyer's Agent, what are the buyers' contractual and moral obligations to the Buyer's Agent?

If no "exclusive" contract has been signed, and other contracts around individual bids have had a "one-day-termination" clause, how would the buyer tactfully notify the agent ? Is it lawful to hire the agent as a for-fee (not commission) consultant, or would a Real Estate Lawyer be a better choice ?

Thanks in Advance !!

"...where the seller absolutely does not want to engage a Buyer's Agent, what are the buyers' contractual and moral obligations to the Buyer's Agent?"

If there is a contract between buyer and agent, the terms of the contract should be followed. If there is no written contract, the buyers moral sense should determine how to proceed.


"Is it lawful to hire the agent as a for-fee (not commission) consultant, or would a Real Estate Lawyer be a better choice ?"

Yes and second question maybe no, depending on the complexity of the transaction.

In the situation that you described, I personally would have dumped that buyer about eleven months ago.

Well, aren't YOU special ????

"Well, aren't YOU special ????"

Jack, you got two answers, and your sincerity in asking the question is being challenged.

Can you read those answers, and tell me sincerely that either of them really even attempted to answer my question in a civil way?

If it is my sincerity being questioned here, I guess I lack the cynicism to participate in this forum.

"If there is a contract between buyer and agent, the terms of the contract should be followed."

Well THERE is a revelation for me. I'm so glad I came to a forum of seasoned specialists for THAT kind of insight !!!!


In the short time I've been here, I've seen a few good sincere posts, surrounded by indignant, arrogant, self-important rantings.

So, please challenge my sincerity of you wish. I was actually hoping to gain some insight as to how best to be fair to a Realtor that was competent and professional even though we never concluded a deal.

It's pretty evident that buyers (and for all I know are sellers) are unwelcome here, and that is just as well, because it would seem that so many people here are "birds of a feather" who probably enjoy one another's company a lot more than than the general populace.

"It's pretty evident that buyers (and for all I know are sellers) are unwelcome here, and that is just as well, because it would seem that so many people here are "birds of a feather" who probably enjoy one another's company a lot more than than the general populace."

I answered your question sincerely and you become belligerent, I guess you can answer your own questions from now on.

Jack,
Your first post on agentsonline was to jump to the defense of someone who you thought was being wronged by those that answered his question. He failed to get the answer he was looking for to justify his position. You boo hoo'ed about how you had been online since the DARPA days and how negatively we answered the posters questions. Now you are doing the same thing the other non-agent did.

Now you post a "hypothetical" situation that sounds more like you or you asking for a "friend" if it would look ethical if you failed to compensate an agent that spent considerable time with the client and now the client has found a FSBO that wants no agents involved.

Here is a different perspective. If you the buyer are willing to either compensate the buyers agent because of contractural obligation or just because it is the right thing to do and the FSBO refuses to allow your agent to represent you then What Do They Have To Hide! The are obviously fearful of allowing an experienced agent to look after your interests then they are hiding something.

If you Choose to have not have the representation of an agent then so be it, but if the seller refuses to allow you representation then be wary because that sounds like a person that has things to hide.

Thank you Paul. That was a helpful and well-thought-out, valuable response.... at least part of it.

However, since it was preceded by an unwarranted (almost vicious) personal attack, I'm going to have to consider that this board is primarily populated by angry-at-the-world trolls, and the indignities one must suffer in order to leave with a snippet of useful advice are just not worth it.

At least the replies I get will be worth the bits they take up on a disk.

More poor me whinning from Jack Pastor.

You miss the point. There is no anger it is simply telling it like it is and sometimes the truth hurts! Vicious?? Now that is funny. You would think that someone that has been online since DARPA would have a thicker skin and willing to accept the truth and move on.

Well, I am moving on, having neither the time nor inclination to enter a battle of wits with the unarmed. As a parting suggestion, though, if you truly believe that you are not an angry individual, try reading your posts as though you were the person to whom they were directed.

I don't know where the chip on your shoulder came from, but it is your burden, and I need no part of it.

Have a nice day !!!

Well Happy Trails Jack!!

"Battle of Wits with the unarmed" Wow, Did you have to dig all the way back to grade school for that one? It was pathetic then and lacks even more imagination now. I would have hoped for so much more from someone that has been online since DARPA.

There is no chip, I just have a low tolereance for stupidity and whiners! I will leave it up to you on which category you reside.

Hi Jack!

I hope this helps...

Buyer has NO exclusive contract with an agent. Buyer finds FSBO seller themselves. FSBO seller will not work/pay any real estate agent.

Buyer does NOT have to compensate the agent as 1. there is no exclusive contract between the buyer and the agent and 2. agent was not the procuring cause in the buyer wanting to purchase the home.

Buyer could still hire on the agent as a buyer's agent and the buyer pays the agent's commission out of their own pocket. Majority of sellers don't have a problem if a buyer has an agent just so long as the seller does not pay for it.

Commission or flat rate fee - It depends on what the agent is willing to do. Normally, full service agents charge a commission. However, because agents never want to lose a client that they have been working with (especially for a few years), they may be willing to do a flat-fee rate. It is something the buyer would have to discuss and negotiate with the agent. Note that the agent may not be able to provide an answer to the buyer immediately as the agent would have to check with their broker what the broker is willing to do.

If you have any other questions, feel free to ask. I'll do my best to try and help you out.

Don’t waste your energy; I don't think Jack cares any more. He only values responses taken up by the volume of bits on the computer, ie.
“At least the replies I get will be worth the bits they take up on a disk.”

Au Contraire, pikes. Baltimore agent was professional, lucid, rational, polite, and helpful.

Jack, I'd love to help you, would you please rephrase your original question? Agency laws between agents and clients vary from state to state and one answer will not cover all. The only universal (and that's not even a given) law, is the moral compass each individual has and tries to follow when dealing with non contractual issues (my attorney father taught me to avoid attorneys if at all possible and do the right thing from the get go...). My response was brief but to the point, which you ignored to answer, or expand on.
If you are really sincere in getting your questions answered here, I suggest a response from you that does not belittle any answers from agents, just like the excellent Baltimore agents response to you.

If a buyer has been working with an agent for years, if it were "my" buyer customer/or client, I would have explained to them somewhere along the line what the options are when it came to FSBOs.

I also agree with the poster who said they would have set the buyer free months ago. The only buyer I have ever had for over a year was very demanding timewise (wanted to see things "now", then the husband wanted to see the same thing "on the way home from work", then they both wanted to see it together) and in the end, bought new construction that I had suggested to them a few times, but was told it was in the wrong school district, too close to a main road, drove by there and didn't like the street, there was noplace to walk to.....they ended up "just stopping in to take a look" and bought from someone from the listing office who was doing an open house that day. From that experience i am now dedicated to EBAs after the first showing.

Legally...no obligation (unless you have a contract stating otherwise)

Morally...I would either pay the agent myself or negotiate something had my rea worked so long and so hard on my behalf.

I am a current seller and future buyer. Just my thoughts. Good luck.

~Christina