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#22400 - 04/05/06 06:32 PM 1st time buyer
Anonymous
Unregistered


Just a question,do I need to tell the seller that I have signed with an agent or not? I have found a home without an agent,called the seller agent and viewed the home.He told me if I didn't have an agent he would pay the closing cost.I explained to him that I wanted to buy this home instead of paying rent.Asking cost of this home 109,900.00.This agent,to be honest, has done nothing to help me.I understand that he represents the seller interests.I had the home inspection done and well tested.I have a letter from the bank(pre-approved).I offered 104,000,he counter at 109,000.00.I counter at 106,000,he counter at 109,000.00.I am willing to pay 109,000.00 for this home but I do not see why this person should make this commision on this sale.If I sign with an agent,the commision is devided,I may pay the closing cost but the agent will loose the same.Am I right or wrong?

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#22401 - 04/05/06 06:59 PM Re: 1st time buyer
WestMIRealtor Offline
Member

Registered: 01/24/06
Posts: 57
Loc: Michigan
If you signed a contract with an agent you by law required to use your agent. However, if you are unhappy with your agent call his or her broker and tell them you are unhappy and want out of your contract. They will most likely allow this to happen. But, if you do not do this by law YOUR agent can sue you for breach of contract and ask for the monetary damages. But, agents also don't want to be known for sueing thier clients either. Good luck

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#22402 - 04/05/06 07:59 PM Re: 1st time buyer
Anonymous
Unregistered


I have not signed any contract with the seller or with any agent.The question is,if the seller's agent assumes that I don't have a buyer's agent,he is assuming that he is going to get the whole commission.The question is,if he agrees to the contract that my lawyer prepared,do I need to disclose to to him before he signs that I have signed with an agent.

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#22403 - 04/05/06 11:02 PM Re: 1st time buyer
Justin Steel Offline
Member

Registered: 02/14/06
Posts: 44
Loc: Southwest Ohio
I do not know about North Carolina law, but in Ohio you would have to have an Agecny Disclosure form filled out with information about both realtors and who they represent signed by both the buyer and the seller, so here in Ohio that would be a yes.

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#22404 - 04/06/06 05:28 AM Re: 1st time buyer
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
 Quote:
Originally posted by Tincup37:
but I do not see why this person should make this commision on this sale.
The reason this agent will earn the commission on this sale is because he has a contractual relationship with the seller saying he will.

If you've already made an offer, got it accepted, had your home inspection and other due dilligence done, and applied for a loan it would be very late in the game to bring in another agent to 'represent' you, you seem to have been representing yourself up until now.

If you're saying the seller's agent offered to pay your closing costs if you bought through him that would be roughly $3,000 in round numbers.

If you've gone this far why would you want to throw that away just to keep the agent from getting all the commission and also not pay your closing costs??? If he's offering to pay your closing costs he's essentially giving you what your agent would get anyway.

Seems pretty short sighted to me and almost petty. There's almost nothing another agent could do for you at this stage of the transaction anyway.

FYI, offers of compensation (split commissions with another agent) are made via the Multiple Listing Service (MLS). They are extended by the listing agent to all agents in that MLS.

Another agent would have to accept that offer and notify your agent in order to be eligible to get paid. I think there is huge potential to cause problems and conflicts by trying to insinuate another agent at this point.
_________________________
Jim Lee, REALTOR®, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#22405 - 04/06/06 03:20 PM Re: 1st time buyer
Ohio Realtor® Offline
Member

Registered: 11/17/05
Posts: 369
Loc: Cincinnati
Tincup from reading your posts it sounds like you have done inspections and do not have a purchase contract in place. Who did you make the offer to? Was it to the seller directly or their agent? If you made a purchase offer and used a purchase offer form it may be to late to negotiate costs. It is really to late to bring in another agent. You offered and it was accepted to purchase the property at 109,000. The inspections are over. How did you enter contract to purchase the property. That is the question. If it was all verbal there may be no enforceable contract, if it was written all the lawyer may be able to do is get you out if you want without costing you to much.
_________________________
My thoughts are opinions only and not to be confused with legal advise. www.Find1home.com

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#22406 - 04/06/06 04:27 PM Re: 1st time buyer
Anonymous
Unregistered


The concern that I am having is posted below.The realtor that I am working with never explained this to me.This information is from North Carolina Association Of Realtors.I should have done my research,but I was hoping to save on the cost of the home by doing the leg-work myself.Everyday you learn something new.I would like to thank you all for the information that you have provided.It will be a great help when I buy again.

"Seller’s Agent Working With a Buyer
If the real estate agent or firm that you contact does
not offer buyer agency or you do not want them to act as
your buyer agent, you can still work with the firm and its
agents. However, they will be acting as the seller's agent
(or “subagent”). The agent can still help you find and
purchase property and provide many of the same services
as a buyer's agent. The agent must be fair with you and
provide you with any “material facts” (such as a leaky
roof) about properties.
But remember, the agent represents the seller—not
you— and therefore must try to obtain for the seller the
best possible price and terms for the seller's property.
Furthermore, a seller's agent is required to give the seller
any information about you (even personal, financial or
confidential information) that would help the seller in the
sale of his or her property. Agents must tell you in writing
if they are seller's agents before you say anything that can
help the seller. But until you are sure that an agent is
not a seller's agent, you should avoid saying anything
you do not want a seller to know.
Seller's agents are compensated by the sellers."

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#22407 - 04/06/06 05:38 PM Re: 1st time buyer
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
 Quote:
Originally posted by Tincup37:
The concern that I am having is posted below.The realtor that I am working with never explained this to me.

"Seller’s Agent Working With a Buyer
Seller's agents are compensated by the sellers."
Seems like you knew it already.

"I understand that he represents the seller interests."
_________________________
Jim Lee, REALTOR®, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#22408 - 04/06/06 06:06 PM Re: 1st time buyer
Anonymous
Unregistered


But he did not tell me upfront,I only learned this after.And the realtor was( in writing to disclose this to me),do you see a problem with?

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#22409 - 04/07/06 04:59 AM Re: 1st time buyer
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
Yes, real estate licensees in both Tennessee and North Carolina are required to disclose at "first substantive contact" with a consumer their agency status.

Did you tell him anything you would not have said to the seller???

I'm not understanding what the problem is here.
_________________________
Jim Lee, REALTOR®, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#22410 - 04/07/06 05:45 AM Re: 1st time buyer
Eric Rogers Offline
Member

Registered: 03/09/06
Posts: 157
Loc: Aurora, IL.
If you have a signed purchase agreement with the seller, I think you have about a snowball's chance you know where of getting out of this contract, signing with a buyer agent then offering to buy the property again and having it accepted and in the end having it all turn out somehow in your favor. This is just my opinion tho and not legal advice. You need to contact your lawyer.

All this because you want to take some $$ away from the seller's agent for not doing enough in your opinion. Kinda seems moot if you're getting what you want already, but that's just me.
_________________________
Eric Rogers is a full-time real estate agent with Century 21 Pro-Team and specializes in Naperville Real Estate and Oswego Real Estate.

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#22411 - 04/07/06 06:21 AM Re: 1st time buyer
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8473
Loc: georgia
Tin cup you know by screwing around and not using a professional on your side,this is the results you will get.You don't save by doing things yourself in re you lose.

One thing that spoke out to me is when you told the agent i am tired of renting.Not always,but usually renters will have credit problems and a hard time qulaifying the listing agent knows this and won't budge much on price.

Example on some new home subdivisions the builder likes them to get qualified through there lender.Once they know the strength of the buyers score they know whether the buyer has negotiating power or not.


At 109,900 is it under valued?Is there price firm?


The listing agent can only perform ministerial acts for the buyer,tell you where to sign,fill in the blanks,etc.Anything about what the seller would accept,why they are selling,etc.cannot be discussed.

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