Bypassing Agent to Speak Directly with Seller

[Jim Stevenson]

I went to look at a 4-unit in a market I'm not totally familiar with. I don't have an agent in the area so the listing agent took me through the property. As I was asking him questions, I found that he wasn't really giving me straightforward answers or he just didn't know enough information about the property. The property is in decent shape and the numbers would work but I still feel like I need more information such as why the owner is selling. 

I have the owner's name from the property disclosure statement. What is the protocol on bypassing the listing agent and reaching out directly to the seller? The property has been on the market for about two months and just recently dropped in price. I figure the seller would be happy if a potential buyer reached out with interest but I don't want to step over any boundaries.

[Ned Carey]

There is absolutely nothing morally, ethically or legally wrong with you approaching the seller directly. However it is not that simple. 

If the seller trusts the agent, and you have gone around the agent, the agent may turn the seller against you.  Furthermore you absolutely can not interfere with the contract between the agent and the seller. The seller will likely owe the agent a commission even if he sells to you directly. To imply dealing directly with you could save him a commission could get you in big trouble.

I would explain to the agent that I want to talk to the seller directly. I have no intention of cutting him out of his commission.  In fact since I choose not to be represented by an agent, the agent would get full commission with no split. i would make it clear that I am a serious buyer who can perform. I would explain that I am happy for that agent to be there but I want to talk to the seller directly.