Anonymous wrote:

FruminousBandersnatch wrote:Your agent represents you. Your agent should be following your directions and communicating your questions to the seller.

No he doesn't. The buyer's agent represents you only if OP has a "buyer's agent" working for them and has signed the necessary forms. Otherwise, no, under law of agency the buyer's agent has an allegiance to the Seller - he works for the seller so that's why he is stalling - because he wants to close the deal. whereupon the buyer's agent who will get his fee from the Seller's gains and divide it with the purchaser (sometimes not half, or a percentage of 3%.) So if OP has no clear understanding that her agent is or is not a buyers/agent, then,buyer's agent has an allegiance to the Seller because it is the Seller who pays the fees out of his gains and it is done right at the settlement

Cool answer but not quite complete. OP indicated that she her agent and the listing agent are associated with the same company. Don't you want to talk about designated agency as well?

Anonymous wrote:

Anonymous wrote:OP here: Re. pre-contract questions, our agent thinks that sellers want to sell quickly (understandable) and asking questions will make them more likely to consider offers from laid-back buyers (if there is such a thing)

But you said you have a contract. They cannot consider offers from laid-back buyers unless you have a kick-out clause. You're about to drop six figures on a home. Ask all the questions you want.

I'm sorry. I misunderstood. What's the point of a home inspection if it's not a contingency and you cannot ask questions?

You might ask when the rehab was done, pull the permits.

Anonymous wrote:OP here: Re. pre-contract questions, our agent thinks that sellers want to sell quickly (understandable) and asking questions will make them more likely to consider offers from laid-back buyers (if there is such a thing)

But you said you have a contract. They cannot consider offers from laid-back buyers unless you have a kick-out clause. You're about to drop six figures on a home. Ask all the questions you want.

FruminousBandersnatch wrote:Your agent represents you. Your agent should be following your directions and communicating your questions to the seller.

No he doesn't. The buyer's agent represents you only if OP has a "buyer's agent" working for them and has signed the necessary forms. Otherwise, no, under law of agency the buyer's agent has an allegiance to the Seller - he works for the seller so that's why he is stalling - because he wants to close the deal. whereupon the buyer's agent who will get his fee from the Seller's gains and divide it with the purchaser (sometimes not half, or a percentage of 3%.) So if OP has no clear understanding that her agent is or is not a buyers/agent, then,buyer's agent has an allegiance to the Seller because it is the Seller who pays the fees out of his gains and it is done right at the settlement

You can ask what you want. They don't have to answer.

Is it nit picky PITA stuff or legit questions?

FruminousBandersnatch wrote:Your agent represents you. Your agent should be following your directions and communicating your questions to the seller.

Not necessarily so. Because the laws of agency aren't understood by many, For years, the Seller's agent (percent) and the buyers' agent would divide the 6 percent on the sale of the house and divided it more or less equity. All agents in this scenario wanted the deal to go through because they had a vested interest in it (the commisson). About thirty years ago, enough people had griped, so it was agreed upon that you can hire a "buyer's agent" (fee, or the regular percentage of commisson) and that agent worked exclusively you. In other words, your agent should try to get you everything you want. This is not the case in traditional transaction, where 6% came off the seller's side and was divided between the two agents. Some smart people said "Hey, that's not fair - most new purchasing families don't know that. Hence the "buyers's agent" evolved (which is what I would do if I were selling my out.

So, OP, do you know ifyour agent is a "Buyer's AGent" (you should have filled out forms for that) or is he really the seller's agent pushing to make a deal go through. If he gives you any shit; drop him. Explain in writin to sellers precisely why - he hadn't notified you of anything having the law of agency; you didn't know that it was the seller who gave the 6%; and you are concerned that your interests are not being met. Perfectly fair.

And, yes, PP is correct (learned this in real estate school while trying to pass the exam: every single offer (no matter how low,how hardball)MUST be presented to the seller. Hope you get this settled.

You can also check local jurisdictions for permits. If the remodel required permits there might be details of work. Otherwise permits are good place to ask. At this point the seller needs you and you should ask questions on writing and have your agents forward the questions to the seller for answers. Do not let your agent put a spin on the questiond

OP here: Re. pre-contract questions, our agent thinks that sellers want to sell quickly (understandable) and asking questions will make them more likely to consider offers from laid-back buyers (if there is such a thing)

Anonymous wrote:Who cares if the sellers get nervous? You have a contract. You WANT them nervous, in fact. That gives you leverage.

While 13:57 sounds like our resident simple-minded one track agent basher, s/he isn't wrong this time.

That said, don't be annoying. What is it you want to know about the remodel?

There were some water issues and the inspector we talked to recommended that we ask the sellers or the company who did the remodel for some details.

Wait to see the results of the home inspection, then ask lots of questions. It's all about negotiation.

Your agent represents you. Your agent should be following your directions and communicating your questions to the seller.

Who cares if the sellers get nervous? You have a contract. You WANT them nervous, in fact. That gives you leverage.

While 13:57 sounds like our resident simple-minded one track agent basher, s/he isn't wrong this time.

That said, don't be annoying. What is it you want to know about the remodel?

agent could not care less about you and just wants a paycheck. So agent is anti anything at all that might sour the deal.

Creepy.

We have a signed contract in place and are waiting on a home inspection. Before we do that, we wanted our agent to ask the seller some questions about some remodelling work they have done. Our agent advised us against it because 'it will make the seller nervous'. We have encountered similar resistance from her when we wanted to ask the sellers other questions before we signed the contract. The catch is that the house is being listed by our buyer's agency, so understandably we are quite nervous.

Is this normal in a competitive market?