Expert: Toni Yates - 10/17/2007

Question
My husband and I have not been working with a realtor. We found a home we wanted to make an offer on, looked at it only through an open house, and then found a realtor to help us make an offer. We made an offer on that house after only meeting the realtor that day. The offer was countered at asking price. We asked him if he would call back to negotiate more and he said he would not and was going to shred our earnest money deposit check and contract. We now want to make an offer on the same house as we feel that this realtor was not working for us. We did not sign an exclusive buyer agent contract with him and have not heard from him since. Are we legally allowed to find another agent or contact the selling agent directly to make another offer?

Answer
Hi Alexis-
Wow-I'm surprised at the realtor's attitude. I have a question for you. In the paperwork you signed and/or in conversation did the realtor ever disclose who he was representing (seller, dual agency, etc.)? That is now required by law in most states. Also- in Virginia, a realtor is required to present ALL offers. While you can use any realtor you want, there could be an issue of "procuring cause" which could cause problems for a buyers' agent in terms of compensation. My advice would be to call the agent's broker and explain the situation to him or her and ask them if they could designate an agent to work for you as a buyers' agent. My feeling is that the broker is going to want to see the deal go through and could probably help facilitate it. He or she might also know why the agent has taken this position (perhaps on direction from his client). The bottom line is the sellers want to sell and the buyers want to buy so it's in everybody's interest to keep it going. Good luck and if it doesn't work out, please get a good buyers' agent you can work with to help protect you in the future.