patrick.net

Don't know that's why i'm asking all of this ?

Now i understand btw why people hate realtors, they are all bunch of crooks unless they are your relatives.

ptiemann says

If the sale happens, could it be that the first agent will demand a commission from the seller?

depends on the contract he signed with the buyers agent.

When offer #1 dies, so does your connection to REpuke #1.
When offer #2 is wrote, REcool will be in position.
Why not write offer with listing agent?

yea - what contract did you sign? that's what matters. If you're not bound to him/her, write an offer without a realtor for the terms you want, less 2 or 3% due to less commission to be paid.

I've read on this before. Research a term called "Procuring Cause." It's very complex and I'd hate to give you the wrong answer. But I did see that if you officially fire agent 1 due to reasons such as "lack of negotiation skills," you are free and clear to have agent #2. But there are contingencies. Agent #2 must have shown you the property. If Agent #2 is strictly writing the offer only and has never shown you the property, the commission rightfully belongs to agent #1.

This is of course, if Agent #1 finds out that you bought the property.

Research the topic "Procuring Cause" to be sure that Agent #1 won't be able to come after someone for the commission.

P.S., I have a link saved on my work computer. Will post it later.

Edit: http://www.car.org/legal/arbit-mediation-ethics-folder/realtor-ethics-board-arbitration/
This is the official link.

But this is the same if you don't want to create an account.
http://www.bayeast.org/files/membership/pro-standards/procurring_cause.pdf

Hire a lawyer. I understand there's one in San Diego lookin for work who can practice law in California.

sybrib says

Instead of putting your trust into a Realtor, hire a lawyer to help you with your purchase. I understand there’s one in San Diego lookin for work who can practice law in California.

In CA, according to our attorney, as a buyer, you can switch whenever you want. You owe the first realtor nothing. Vain's info seems to suggest otherwise.
In other states, the first realtor may be owed some commission.

Realtors are like car salesmen... got it ?

I could never understand why people call them names on these forums....but now i totally get it.

I just enrolled for prepaid legal services and i would ask them the same question.
Guess everyone who has to buy a home should hire a lawyer first.

Not only hire a lawyer, but go to a small Title company. The owner will be a lawyer, he can cover all of the legal stuff, the title, deed, stamp taxes, and all of the courthouse stuff, probably cheaper than the bank will have listed on the GFE.
There was about $2900 of miselaneous line item charges regarding the title and deed, on my GFE, that the guy I used did it all for $1500, and he counseled me when I needed it.

@Tenouncetrout.....Thanks ....

If you are in Bay Area can you recommend the guy you used ?

Probably the listing agent would flush your offers down the toilet if you came at him with two offers from two different agents!

WHY WHY WHY would they accept one of those offers when they know a lawsuit from the other 'Screwed realtor' will be 'one month away'. THEY DO NOT have to accept your offer. You cant make them sell it to you. You have to play nice or they wont sell it to you ESPECIALLY on reo/short sales.

You must THINK of the motivations the seller has.

1. wants best price (unless REO/Short sale)
2. wants easy escrow with no lawsuits.

You sir, sound like you are a lowballing lawsuit waiting to happen. I recommend stick with agent#1 and up your offer price. if you dont get the house change agents on next deal.

Just fire his ass. I think you can do that anytime.

FTR, I went through RE agents like counter help at IHOP.

I had to dig up a retired relic, for his name only. I did all of the leg work, my mortgage broker, the seller, and the title company were the only people in the loop after the initial offer.

I'm south Florida Cloud, look in the phone book and drive by. Try to find the most mom and pop looking one.
Don't get sucked into a nice building and landscape, dazzling signs and luxury cars parked out front. You don't want to have to pay their bills.

My interpretation of procuring cause= first agent to walk in the door with a buyer gets that comission if that buyer buys the house.

Mostly you will see people using agents to gain access to see a house, then try to make a deal to sell the house FSBO outside of all realtors. Thats why this law is needed, yes TO PROTECT AGENTS AND THIER COMMISSIONS!! haha

Seriously the OP is trying to screw an agent out of his commission for what? not being nice enough? He never did elaborate.

ptiemann says

ch_tah says

In CA, according to our attorney, as a buyer, you can switch whenever you want. You owe the first realtor nothing. Vain’s info seems to suggest otherwise.
In other states, the first realtor may be owed some commission.

The buyer does not owe the commission, the seller does.
A smart seller will not accept an offer from agent B after offer from agent A for the same principal fell through.
Peter

Right, I didn't write that clearly. In our situation, we didn't want to get in trouble (be involved in any lawsuit) with the first agent. I know technically it is the seller who pays, but since we'd be screwing over the agent, we were concerned he may try to get money from us. Our attorney, in CA (not a real estate agent in AZ) who knows CA law, said that there was absolutely no problem switching agents for the same property when the first agent couldn't close the deal.