Want to buy a house without an agent - the listing agent has cancelled the showing. Any ideas?

[Anonymous]

Hello.

We are looking to buy a house without an agent. I am an attorney, and I have done quite a bit of real estate work.

We have asked a listing agent to show us one of her listings. Without telling us, she wanted to send another agent, most likely to avoid dual agency. When I told the "designated" agent that we don't need representation, she has cancelled the showing.

Does anybody have ideas on how to proceed? We are pretty taken aback by the situation.

Thanks much.

[Anonymous]

Go back to the listing agent. It's in her interest to show you the house if she wants to sell it. How would it be dual agency if you're not retaining her as an agent?

[Anonymous]

I agree - go back to the listing agent. And don't be as up front initially about not needing representation. Just get her to show you the house. Then (once she's met you and realizes that you're a legit/serious buyer) you can break the news that you'll be acting as your own agent.

[Anonymous]

Why would the listing agent care if you're represented or not? Doesn't impact their commission.

[Anonymous]

OP here. Thanks for the replies. The listing agent is legally entitled to the entire commission (5 or 6%) if we show up without an agent. If she sends a colleague from within her team, the entire commission stays at least in her team. Technically, we would like to get her to kick in the buyer's agent's commission, and that's what they are trying to avoid.

[Anonymous]

maybe she cancelled because they have an offer.

[Anonymous]

OP, I understand what you're trying to do, but realize that a construction like that is more work for the seller's agents, and he/she is thus less likely to "like" your offer.

How much that matters is up for debate. Ideally, it shouldn't matter and the seller's agent should not care and just look out for his/her clients.

Having said that, it's a seller's market right now -- many houses get multiple offers. Your offer, once you're able to put one in, will start at a disadvantage.

Not trying to dissuade you from trying this, but just realize that it's not risk-free, especially if you're trying to buy in a hot zipcode.

[Anonymous]

Anonymous wrote:OP, I understand what you're trying to do, but realize that a construction like that is more work for the seller's agents, and he/she is thus less likely to "like" your offer.

How much that matters is up for debate. Ideally, it shouldn't matter and the seller's agent should not care and just look out for his/her clients.

Having said that, it's a seller's market right now -- many houses get multiple offers. Your offer, once you're able to put one in, will start at a disadvantage.

Not trying to dissuade you from trying this, but just realize that it's not risk-free, especially if you're trying to buy in a hot zipcode.

OP here. Thanks, PP. The listing agent's attitude goes squarely against her fiduciary duties to the homeowner. I wonder if I should notify the Real Estate Commission.

[Anonymous]

Consider contacting the homeowner(s) directly? I'm not certain but don't think this would be an ethical problem with you contacting a represented party (legal representation) in violation of bar rules if you bypass the agent, will it?

It sure won't endear you to the agent so best to try to leverage her (?) first. But you can always consider cutting out the "middleman" (listing agent) if she's a roadblock.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP, I understand what you're trying to do, but realize that a construction like that is more work for the seller's agents, and he/she is thus less likely to "like" your offer.

How much that matters is up for debate. Ideally, it shouldn't matter and the seller's agent should not care and just look out for his/her clients.

Having said that, it's a seller's market right now -- many houses get multiple offers. Your offer, once you're able to put one in, will start at a disadvantage.

Not trying to dissuade you from trying this, but just realize that it's not risk-free, especially if you're trying to buy in a hot zipcode.

OP here. Thanks, PP. The listing agent's attitude goes squarely against her fiduciary duties to the homeowner. I wonder if I should notify the Real Estate Commission.

I do not see why, she may think you are not a serious buyer. she is entitled to the entire commission if the buyer is not represented, so her own interest would probably be to have the house sold to you than to another buyer represented by an agent.

your idea that you can get the commission the buyer's agent would get if you had one is silly (you are not an agent, I am not even sure it would be legal for the seller's agent to give money back to the buyer), and in a crazy seller's market like this you don't have bargaining power. I understand cases where you find a person willing to sell before that person gets an agent and put a house on the market, you can both split the amount of the commission, but going solo in a hot seller's market when the seller has an agent is really stupid IMO . the seller's agent gets full commission and you are on your own

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, I understand what you're trying to do, but realize that a construction like that is more work for the seller's agents, and he/she is thus less likely to "like" your offer.

How much that matters is up for debate. Ideally, it shouldn't matter and the seller's agent should not care and just look out for his/her clients.

Having said that, it's a seller's market right now -- many houses get multiple offers. Your offer, once you're able to put one in, will start at a disadvantage.

Not trying to dissuade you from trying this, but just realize that it's not risk-free, especially if you're trying to buy in a hot zipcode.

OP here. Thanks, PP. The listing agent's attitude goes squarely against her fiduciary duties to the homeowner. I wonder if I should notify the Real Estate Commission.

I do not see why, she may think you are not a serious buyer. she is entitled to the entire commission if the buyer is not represented, so her own interest would probably be to have the house sold to you than to another buyer represented by an agent.

your idea that you can get the commission the buyer's agent would get if you had one is silly (you are not an agent, I am not even sure it would be legal for the seller's agent to give money back to the buyer), and in a crazy seller's market like this you don't have bargaining power. I understand cases where you find a person willing to sell before that person gets an agent and put a house on the market, you can both split the amount of the commission, but going solo in a hot seller's market when the seller has an agent is really stupid IMO . the seller's agent gets full commission and you are on your own

+1

Your logic has holes in a number of places OP. I'm left questioning how much you really understand the market and how successful you will be be going at this alone. If your goal is to save some money, why not go the Redfin agent route?

[Anonymous]

i would suggest you hire a buyers agent but negotiate that since you have expertise in the field you would like some portion of the buyer's commission to be credited back to you at settlement. if you legitimately do have knowledge on contracts this sounds reasonable (now, if you just THINK you have knowledge but really don't, that is a whole other story).

people seem to think that not having an agent gives them an upper hand in that they can negotiate down the sales price based on the savings in commission, but all it really does is give them less bargaining power as they do not have anyone representing them - and that sales agent may have been able to negotiate that price down anyway.

in this example, if you had a buyers agent you already would have seen the house, decided if you liked it or not, and either moved on or written a contract. now because you are waiting for someone to "work for free" on your behalf you may have missed out on the house completely.

as far as responsibility, the listing agent should absolutely want to show you the house as it is in the interest of her clients, the sellers, however, you are probably low on the priority list since there are others that seem like they are more solid buyers - that is probably what happened with them cancelling the showing on you. a listing agent would not ignore a potential buyer just because they thought they were not getting the 3% from them, that just doesnt make sense, it was probably more a logistical issue.

[Anonymous]

try a rebate realtor like redfin or iagent.

[Anonymous]

oh and people don't like dealing with attornies directly without another attorney lol

[Anonymous]

Anonymous wrote:
OP here. Thanks, PP. The listing agent's attitude goes squarely against her fiduciary duties to the homeowner. I wonder if I should notify the Real Estate Commission.

That's what I was thikning too. Her job is to represent the interests of her clients. She's not doing so by cancelling the showing. Very unprofessional at least.