I am a first time buyer in New Jersey and was recently shown a home by the seller's agent. At the time of
the showing I indicated that I was not represented by a buyer's agent. Is it possible to move forward with an offer on this property if I were to use a buyer's agent?
Wed May 7 2008, 10:54 - Newark - Home Buying - 1 answer
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Yes, it is possible. You need to explain to the agent you have been in contact with that you do not want dual agency under any circumstances, but you would like to make an offer using your own buyer's agent. It may be necessary for your buyers agent to negotiate a reduced commission split with the listing agency because they technically can claim procuring cause, meaning they were responsible for you finding out about the property in question. However, a good buyers agent will have no problem negotiating something that is fair to both agencies.
So, just explain that you do not want dual agency of ANY kind (including being reassigned to another agent within the same firm. It's still dual agency if both agents work for the same firm.). And proceed with your own agent. Do tell your buyers agent up front about the situation so they will be prepared for the necessary commission negotiation. -Marc Wed May 7 2008, 11:32 Web Reference: http://www.marcpaolella.com
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