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Updated about 3 years ago on . Most recent reply

Account Closed
2
Votes |
6
Posts

Tried using listing agent as buyers agent - caution!

Account Closed
Posted

After buying my first rental property earlier this year and seeing how little work my agent had to do to receive her 3% commission (I'm sure that's not always the case but in this instance it was) I felt like the next purchase I would try to find a way to go my own and capture some of that percentage as a discount.

So today I talk to a listing agent for a property that looks good on paper. I called him to talk about the house. He assumed I was a realtor and provided me the code to get into the house myself. I thought it was strange but as I'm a bit green here I rolled with it. I called him back after checking the place out to discuss making an offer. It was at this moment he realized I was just an individual and was a bit flustered - I guess he wasn't supposed to allow unaccompanied access to the residence w/o an agent present - but we continued on and I told him his secret was safe w/ me. I mentioned maybe using my own buyers agent and he jumped to say he would cut me some of his commission to close this w/o me using an agent. Now this was just what I had been looking for! 

Our discussion went over what my offer would include and I SPECIFCIALLY stated I would need inspection and appraisal contingency. There was no misunderstanding in that communication I am positive. However.... as I read the offer contract he just sent over for me to sign I see the box is checked that says "BUYER WAIVES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS". 

Question I have now is, am I understanding that checked box correctly (again, fairly new to these contracts)? If so, was this intentionally marked that way or was it a mistake? And if intentional, should I pursue anything beyond a phone call with him? 

What would you do in this position? Do you still pursue the deal with another agent representing you? Try to salvage the deal with this guy assuming it was an honest mistake and get it corrected? Move on totally? 

Most Popular Reply

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Dustin Allen
  • Real Estate Agent
  • South Lake Tahoe, CA
644
Votes |
680
Posts
Dustin Allen
  • Real Estate Agent
  • South Lake Tahoe, CA
Replied

@Account Closed

The real question is what does the agency form say about representation? He said a discount if you didn’t bring an agent. Going unrepresented is much different than using the listing agent as a dual agent. I would be asking if he is representing you both when you call him to go over the missed details on the offer. If you are going unrepresented, you would be better off with that buyers agent you thought had it too easy. They would have written the offer the way you wanted at least.

  • Dustin Allen
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