Seller's Agent Demanding I Stop Speaking w/Seller

[Brenden Mitchum]

Hey everyone,

So I am under contract on this deal without a buyer's agent. I found the deal through the MLS and got out there quick to check it out. My first point of contact was the seller's agent but when I went out there the seller walked me through the house and gave me his number after. So I started working directly with the buyer to negotiate a deal. The agent quickly shut this down and told me I needed to do all negotiations through her. So I did and we got it under contract.

Since then, I have spoken with the seller a ton because the agent is very busy and can hardly move fast enough for me to get all my DD done. The seller and I have built a solid relationship so we chat a lot about the house and the deal. She has now contacted me again telling me to discontinue any form of communication with the seller. Am I doing something wrong here? Is it illegal for me to contact the seller directly? And if not, how do I respond to this?

Any thoughts/advice are greatly appreciated! 

[Charlie MacPherson]

@Brenden Mitchum  I can fill you in on the Realtor's point of view.  He's not afraid that you'll strike up a side deal cutting him out.  In all likelihood, he has an "Exclusive Right to Sell" contract with the seller, so he gets paid no matter what.

What he's probably worried about is that his seller isn't a trained negotiator and will say or do something to either screw up the deal or to give you ammunition to come back looking for a big discount.

In other words, he's trying to protect the seller - to whom he's a fiduciary.  That means that he's doing his job.

The best course of action is for him to have the same conversation with his seller that I have with mine.  "If anybody wants to discuss anything having to do with the sale, please tell them that they need to talk with me.  That way, we keep you from saying something that could come back to hurt you.  OK?"

If the seller chooses to ignore that advice, there's not much the Realtor can do, except to reiterate it. 

And no, it's not illegal for you to continue talking directly with the seller.  You're not under any contractual obligation with the seller's agent.