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  • May 9, 2010 at 2:08 AM #17435
    ben_vo
    Participant

    I am buying a house directly from a seller and have encountered the following issue. I was thinking that people here would have some knowledge on the matter. Thank you very much for any comments!

    I started looking for a house around 0.5 year ago. Initially I was using an agent (for about 4 months). However, it did not go well. None of my offers were accepted and in some cases I lost to lower offers. At some point I decided to stop using the agent. Later I found a seller who happened to be a friend and I decided to buy from him directly (I had another topic on that). I mentioned this to my agent (do not ask why I did that… I cannot say it was particularly smart). And the agent is saying that I have to include him in all transactions. I did not sign any exclusive agreement with the agent and there was no explicit agreement that I cannot buy directly from a seller. The agent have not shown the house either.

    Can anybody comment on the situation? Is there any law that would make me be obligated to pay the agent in such a case? Is it a normal practice that if one uses an agent for some time, they have to include the agent in later transactions? I am the first time buyer and while I have learned quite a bit during the process, I am not sure I completely know the answers. I probably also should discuss this with an attorney and I may do it indeed.

    May 9, 2010 at 9:33 AM #548378
    DataAgent
    Participant

    “I mentioned this to my agent”

    There’s a legal term called “ostensible agency.” In short, it means if someone appears to be your agent ie. you called him ‘my agent’, he in fact is your agent even if there is no written agreement. On the other hand, ‘agency’ and ‘paying a commission’ are two different things.

    In my opinion (and I’m not a lawyer), you don’t owe this guy anything. You have no written compensation agreement. If he tries to collect a fee/commission, don’t pay it. If he continues to pressure you, get a lawyer.

    May 9, 2010 at 9:33 AM #548971
    DataAgent
    Participant

    “I mentioned this to my agent”

    There’s a legal term called “ostensible agency.” In short, it means if someone appears to be your agent ie. you called him ‘my agent’, he in fact is your agent even if there is no written agreement. On the other hand, ‘agency’ and ‘paying a commission’ are two different things.

    In my opinion (and I’m not a lawyer), you don’t owe this guy anything. You have no written compensation agreement. If he tries to collect a fee/commission, don’t pay it. If he continues to pressure you, get a lawyer.

    May 9, 2010 at 9:33 AM #549070
    DataAgent
    Participant

    “I mentioned this to my agent”

    There’s a legal term called “ostensible agency.” In short, it means if someone appears to be your agent ie. you called him ‘my agent’, he in fact is your agent even if there is no written agreement. On the other hand, ‘agency’ and ‘paying a commission’ are two different things.

    In my opinion (and I’m not a lawyer), you don’t owe this guy anything. You have no written compensation agreement. If he tries to collect a fee/commission, don’t pay it. If he continues to pressure you, get a lawyer.

    May 9, 2010 at 9:33 AM #548489
    DataAgent
    Participant

    “I mentioned this to my agent”

    There’s a legal term called “ostensible agency.” In short, it means if someone appears to be your agent ie. you called him ‘my agent’, he in fact is your agent even if there is no written agreement. On the other hand, ‘agency’ and ‘paying a commission’ are two different things.

    In my opinion (and I’m not a lawyer), you don’t owe this guy anything. You have no written compensation agreement. If he tries to collect a fee/commission, don’t pay it. If he continues to pressure you, get a lawyer.

    May 9, 2010 at 9:33 AM #549347
    DataAgent
    Participant

    “I mentioned this to my agent”

    There’s a legal term called “ostensible agency.” In short, it means if someone appears to be your agent ie. you called him ‘my agent’, he in fact is your agent even if there is no written agreement. On the other hand, ‘agency’ and ‘paying a commission’ are two different things.

    In my opinion (and I’m not a lawyer), you don’t owe this guy anything. You have no written compensation agreement. If he tries to collect a fee/commission, don’t pay it. If he continues to pressure you, get a lawyer.

    May 9, 2010 at 9:44 AM #548383
    kcal09
    Participant

    Since there was no written agreement and he didn’t show you the house you don’t owe him anything.

    May 9, 2010 at 9:44 AM #548976
    kcal09
    Participant

    Since there was no written agreement and he didn’t show you the house you don’t owe him anything.

    May 9, 2010 at 9:44 AM #549075
    kcal09
    Participant

    Since there was no written agreement and he didn’t show you the house you don’t owe him anything.

    May 9, 2010 at 9:44 AM #548494
    kcal09
    Participant

    Since there was no written agreement and he didn’t show you the house you don’t owe him anything.

    May 9, 2010 at 9:44 AM #549352
    kcal09
    Participant

    Since there was no written agreement and he didn’t show you the house you don’t owe him anything.

    May 9, 2010 at 11:15 AM #549377
    ben_vo
    Participant

    Thanks for the replies.

    Once a seller (of another house), who was also a real estate agent, mentioned that if there is no exclusive agreement there is no obligation to include the agent in the transaction even if he has shown the house to you. However, I would say that in this case perhaps the agent would have a point in demanding compensation. In my case, I do not see why I would need to compensate.

    May 9, 2010 at 11:15 AM #549001
    ben_vo
    Participant

    Thanks for the replies.

    Once a seller (of another house), who was also a real estate agent, mentioned that if there is no exclusive agreement there is no obligation to include the agent in the transaction even if he has shown the house to you. However, I would say that in this case perhaps the agent would have a point in demanding compensation. In my case, I do not see why I would need to compensate.

    May 9, 2010 at 11:15 AM #549100
    ben_vo
    Participant

    Thanks for the replies.

    Once a seller (of another house), who was also a real estate agent, mentioned that if there is no exclusive agreement there is no obligation to include the agent in the transaction even if he has shown the house to you. However, I would say that in this case perhaps the agent would have a point in demanding compensation. In my case, I do not see why I would need to compensate.

    May 9, 2010 at 11:15 AM #548408
    ben_vo
    Participant

    Thanks for the replies.

    Once a seller (of another house), who was also a real estate agent, mentioned that if there is no exclusive agreement there is no obligation to include the agent in the transaction even if he has shown the house to you. However, I would say that in this case perhaps the agent would have a point in demanding compensation. In my case, I do not see why I would need to compensate.

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