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  1. #1
    perfectmax is offline Junior Member
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    Buying house from owner. Agent showed me house, can she sue me? (no contract signed)

    North Carolina

    Question: There is a home for sale by owner. I stopped into a realty co. and a realtor brought it to my attention that this home was for sale. She then took the time to show me the property. I never signed a contract with her and I found the sellers name in the newspaper and called him. I made him an offer and we are going to closing without any agents. If this realtor somehow finds out that I am not using her, can she still sue me even though I have not signed any contracts with her? She did show me the property...

    Thank you
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by perfectmax
    can she still sue me even though I have not signed any contracts with her?
    Of course she could sue you.... after all, anyone can sue almost anyone else over almost anything.
    However, based SOLELY on the information in your post, she would have no claim against you.....
  3. #3
    seniorjudge is offline Senior Member
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    Quote Originally Posted by perfectmax
    North Carolina

    Question: There is a home for sale by owner. I stopped into a realty co. and a realtor brought it to my attention that this home was for sale. She then took the time to show me the property. I never signed a contract with her and I found the sellers name in the newspaper and called him. I made him an offer and we are going to closing without any agents. If this realtor somehow finds out that I am not using her, can she still sue me even though I have not signed any contracts with her? She did show me the property...

    Thank you
    She could sue you and the seller.

    Will she win?

    I don't know: I thought OJ was guilty.
    There are two rules for success:

    (1) Never tell everything you know.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by perfectmax
    North Carolina

    Question: There is a home for sale by owner. I stopped into a realty co. and a realtor brought it to my attention that this home was for sale. She then took the time to show me the property. I never signed a contract with her and I found the sellers name in the newspaper and called him. I made him an offer and we are going to closing without any agents. If this realtor somehow finds out that I am not using her, can she still sue me even though I have not signed any contracts with her? She did show me the property...

    Thank you

    **A: under the theory of procuring cause, the Realtor is owed a comission.
  5. #5
    seniorjudge is offline Senior Member
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    Quote Originally Posted by perfectmax
    North Carolina

    Question: There is a home for sale by owner. I stopped into a realty co. and a realtor brought it to my attention that this home was for sale. She then took the time to show me the property. I never signed a contract with her and I found the sellers name in the newspaper and called him. I made him an offer and we are going to closing without any agents. If this realtor somehow finds out that I am not using her, can she still sue me even though I have not signed any contracts with her? She did show me the property...

    Thank you
    [url]http://www.ncrealtors.org/searchpubs/THR/2005/thr-0105/cause.htm[/url]

    fyi
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    perfectmax is offline Junior Member
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    Quote Originally Posted by seniorjudge
    [url]http://www.ncrealtors.org/searchpubs/THR/2005/thr-0105/cause.htm[/url]

    fyi
    So this agent can come after me if i proceed without her? This guy listed this property in the newspaper and after I saw the property I found the add and contacted him with an offer that was better than what the buying agent could get out of him.

    I could not afford the house at the offer that she came back with but after negotiating directly with the seller I got a price in which I can afford. How should I handle this situation?
  7. #7
    pojo2 is offline Senior Member
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    You will be spending for an Atty now to review and go over every document before you sign it and that will cost some money. ONLY a complete fool would proceed with a FSBO without a professional helping them out with the paperwork.

    Sure the buyer came down because he/sh felt there would be no agency fees to pay. In the end it may cost you way more that paying someone who only treated you in the most professional fashion so you could go behind their back and be deceptive.
  8. #8
    perfectmax is offline Junior Member
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    Quote Originally Posted by pojo2
    You will be spending for an Atty now to review and go over every document before you sign it and that will cost some money. ONLY a complete fool would proceed with a FSBO without a professional helping them out with the paperwork.

    Sure the buyer came down because he/sh felt there would be no agency fees to pay. In the end it may cost you way more that paying someone who only treated you in the most professional fashion so you could go behind their back and be deceptive.
    1st of all, I did not ask this forum for help with the intention of getting bashed. You have no idea about my situation and my relationship with this agent or the agency that she works for. I have been jerked around with 6 months with a new home community and now the prices of the homes that I am looking to buy have doubled and I am at the point where I am almost out of the race, thanks to this realty company and the string that they have been pulling me on for the last 6 months. So, please lay off..


    But, I appreciate your thoughts on getting an attorney. I have not thought about this. This is my first home purchase and the home is only 1 year old. What would an attorney help with?
  9. #9
    Ciarraine is offline Member
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    Quote Originally Posted by perfectmax
    1st of all, I did not ask this forum for help with the intention of getting bashed. You have no idea about my situation and my relationship with this agent or the agency that she works for. I have been jerked around with 6 months with a new home community and now the prices of the homes that I am looking to buy have doubled and I am at the point where I am almost out of the race, thanks to this realty company and the string that they have been pulling me on for the last 6 months. So, please lay off..


    But, I appreciate your thoughts on getting an attorney. I have not thought about this. This is my first home purchase and the home is only 1 year old. What would an attorney help with?
    I agree they were rude to you, but they did give you answer. The agent who showed you the home and made you aware of it has "sufficient and procuring cause" and is owed a commission should you buy it.

    Good luck to you.
  10. #10
    Gadfly is offline Senior Member
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    additionally, if the agent is worth her grits she first got a written agreement with the seller that if she brought you to see the house she would get something (maybe not the ususal fee, but something). This agreement would have had a protection clause in it so that the fee would also be paid to her in case you went and did something underhanded like you did.

    So YES, THERE IS A VERY GOOD CHANCE THAT THE AGENT IS OWED A FEE AND COULD COLLECT FROM YOU AND THE SELLER.

    Now, lets see why you need an attorney. Just because it's a nearly new home doesn't mean everything is ok.
    For one thing the appliances are now out of warranty. What protection do you have.
    For another, owners often move in before the builder has completed everything, or little things have been found that need to be fixed. Builders can be slow. Is all this done? Do you know if there's a punch list?

    There's more, but you don't seem like the type who wants to listen . . .
  11. #11
    Ciarraine is offline Member
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    Quote Originally Posted by Gadfly
    For one thing the appliances are now out of warranty. What protection do you have.

    For another, owners often move in before the builder has completed everything, or little things have been found that need to be fixed. Builders can be slow. Is all this done? Do you know if there's a punch list?
    For which you'd need a home warranty, not an attorney. Or you know, a checking account.
  12. #12
    JETX is offline Senior Member
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    Quote Originally Posted by HomeGuru
    **A: under the theory of procuring cause, the Realtor is owed a comission.
    Sorry, but I disagree. If the agent was so lazy/stupid/whatever as to take a NON-contracted party out... and show them a NON-contracted property (FSBO), it would be extremely difficult for the agent to force anyone to pay his/her 'commission'.

    Also, to my knowledge, the issue of 'procuring cause' is NOT a legal matter but is a matter of contract between two agents on a listed property (usually as a part of the local MLS rules). Simply, the agent who brings the buyer into the CONTRACTED listing is entitled to a commission by the theory of 'procuring cause'.
    [url]http://www.nsdcar.com/prof_standards/procuringcause.htm[/url]

    Further, since the agent did NOT present, nor were they involved in, any contract.... the issue of 'procuring cause' would be moot.
    Last edited by JETX; 10-17-2005 at 04:02 PM.
  13. #13
    PghREA is offline Senior Member
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    I agree with Jetx. Any agent who is stupid enough not to get a signed agreement with the buyer or have the FSBO sign an agreement to pay a commission if the potential buyer buys the house is probably too stupid or lazy to follow up on who actually bought the house. In other words, although it could happen, I don't think you have much to worry about.
  14. #14
    perfectmax is offline Junior Member
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    Quote Originally Posted by Gadfly
    additionally, if the agent is worth her grits she first got a written agreement with the seller that if she brought you to see the house she would get something (maybe not the ususal fee, but something). This agreement would have had a protection clause in it so that the fee would also be paid to her in case you went and did something underhanded like you did.

    So YES, THERE IS A VERY GOOD CHANCE THAT THE AGENT IS OWED A FEE AND COULD COLLECT FROM YOU AND THE SELLER.

    Now, lets see why you need an attorney. Just because it's a nearly new home doesn't mean everything is ok.
    For one thing the appliances are now out of warranty. What protection do you have.
    For another, owners often move in before the builder has completed everything, or little things have been found that need to be fixed. Builders can be slow. Is all this done? Do you know if there's a punch list?

    There's more, but you don't seem like the type who wants to listen . . .

    I really do appreciate all of your replys and I am listening!

    I also want to make it clear that I am not trying to be a sleaze ball. I have 0 faith in this agency and have no relationship with this buying agent.
  15. #15
    HomeGuru is offline Senior Member
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    Quote Originally Posted by perfectmax
    I really do appreciate all of your replys and I am listening!

    I also want to make it clear that I am not trying to be a sleaze ball. I have 0 faith in this agency and have no relationship with this buying agent.

    **A: as you can clearly see, there are 2 sides to this issue. If I was that broker, I would get my $$$$$.

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