Buyers agency agreement - OFF MARKET property

Buyers agency agreement - OFF MARKET property

Cleveland, OH · Member since 2022 · 826 posts · 578 votes

Hey BP, 

I found a property that was not on the MLS and was off-market FSBO.

I have a buyers agency agreement with a real estate agent in the county that this property is located. 

Is it legal to do an off-market transaction straight through the title company without using the agent?
 Said agent did not find the property, has not spent time talking with the seller or negotiating, but is aware that I am interested in this property. This property is not on the MLS. I've been working with this agent for about a month and a half. 

My preference is to go straight through the title company, put that money into renovations, and send the agent a couple hundred dollar gift card to Amazon for their time. 

Would be incredibly grateful for any insight. 

-Ben, aspiring multifamily house hacker 

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  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    2y

    @Benjamin Sulka what does your buyer broker contract say? If the brokerage fee is owed to them if you buy any property, even without their assistance, then you owe that brokerage the full fee specified in your contract. We never signed an exclusive buyer broker agreement.

  • Cleveland, OH · Member since 2022 · 826 posts · 578 votes
    2y
    Quote from @Lynn McGeein:

    @Benjamin Sulka what does your buyer broker contract say? If the brokerage fee is owed to them if you buy any property, even without their assistance, then you owe that brokerage the full fee specified in your contract. We never signed an exclusive buyer broker agreement.


     Lynn,

    Thanks for your response. 

    I reviewed our agreement and it does not apply to this type of transaction. 

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