I took a floor call on a 850K home, I asked if they were pre-approved yet? No, so I gave them a # of a lender to get approved. Called them back the same day,left message. Called them back one day later, no answer. Called them back 2 days later and they said they have an appt to see the home with the sellers/agent-owners in 3 days. I asked him if he told them that I was working with him? He said no. I asked him if he would like me to accompany him on this showing and he agreed. I called the listing agent/owner to let him know about this and they said they set up the appt. and to do what I have to do. What should I do? I have no buyers agreement.

When they called about the house, I would have set up the appointment to see the house at that time. You were right to ask if they are pre-qualified and give them the lenders information when they said they weren't, but why not set up the showing when they called-that's what they were calling for, right? If the buyer called the listing agent directly and the listing agent is scheduled to show the house, I'd say you may be out of luck on this one. You don't have a buyers agreement and the buyer did not mention you to the listing agent when he called. You can still go with him. Maybe they won't like the house and you'll be there to tell him about other similar houses that are available.

Do you have dual agency in your state? If the listing agent is the owner, I would say he has to be very careful trying to represent a buyer on his own home. There are very few people who would believe that as an agent you can represent a stranger's interests equally to your own.

If you took a floor time call from these people and took the time to set them up with a lender. How did they get the Owner agents name and nnumber?
Did you call the lender and have the lender call these people and report back to you what they are qualified for? So you could then set up an appointment to show the the property in question; since the Owner's request showings to only qualified prospects before their address can be given out.
If you have done what I just described you would have been a procurring cause for the people and earned the right to represent them in this transaction.
However, if you simply gave out phone numbers for lenders and agents in you company you are acting more like 411 or directory assistance.
Buyer agreements are nice but you can't get one signed over the phone. I suggest you hone your phone skills to make yourself to center piece that the caller in can't do without. You set up all calls from lenders or other service providers. Have them report back to you and you to the customer. You setup all appointments.
Don't give out phone numbers, address and the like or you will be a unpaid receptionist and directory assistance.
Sorry to be so blunt, but sometimes the truth is blunt.

You took a floor call from someone you did not know nor had any sort of prior relationship with.

You gave them a phone number to call and then did not talk to them for 2 days afterwards.

Once you finally reached them they told you they had contacted the sellers agent and made their own appointment to see the property and, surprise, surprise, did not tell the other agent they were "working with you".

Barring Divine Intervention I don't see you getting paid on this transaction if it ever happens.

Get those buyers into your office next time, explain the benefits of having you represent them as their own, special, personal, private agent who will look after their best interests, help them find the perfect house, buy it at the best price possible, make sure it's inspected by the best home inspector in the world, and be there with them at closing when it's time to get 'their' housekeys and your paycheck.

You can't sell yourself or a house over the telephone.

You're in a particularly bad spot here because the seller is also the listing agent.

Real Estate can be cut-throat at times. I always try to get a new prospect in the office to meet me face-to-face. I pre-qualify them if possible or introduce them to my lender in person and then go from there. First-time homebuyers will make you pull your hair out sometimes. Explain to them that you are representing them and that you will do all the legwork for them including setting appointments. Good luck!

If you had been able to get those buyers in to the office in the first place, you could have educated them on agency and dual agency, in which case they are not being represented at all.

When buyers are explained agency, they suddenly do not find their theory that "working with the listing agent will mean we get a better/lower price". They suddenly see how it could be very bad experience indeed.

Now, we all do dual agency if it is legal in our state and we choose to do so. But it can work for you in a buyer's consultation.

Thanks for all the replys. I have since met with the couple and accompanied them to the agents home for the showing. They did like the home but would like to look at what else is available. If I get a agency agreement in place where would I stand as far as the agents home? They won't be ready to buy until the end of the year because one of their business properties won't close until then.

The home in question, does the listing belong to your company or did these buyers just call the first real estate office they found in the yellow pages? My company has very specific rules for floor calls...
If the listing doesn't belong to your company, I'd agree w/the others about being out of luck. I don't belive your conversation could be construde as "procurring cause" for the transaction.

Here in Missouri, in commission disputes, there are 3 criteria to determine who earned it.
1. Broker's disclosure form. did you give it to them and explain to them who yo are working for?
2. Threshhold. Did you take them to see the house? Before any other agent did it?
3. Contract. Did you write the sales contract?

This case would be an excellent one to get a buyer's agreement from. I would tell them that since they have already talked to the seller/agent, but you showed them the house and helped obtain financing, the waters can get really muddy and the best way to keep everything clear for all parties is if you represent them and are on their side in the deal.
Also, as has been explained to me- even if an agent shows a property to someone- if that buyer later hires a buyer's agent and the MLS specified that buyer's agents get paid, then you would be ok.
I'm not sure if it's the same everywhere, but there's more to "procuring cause" than answering a phone and giving information...