Realtors Agreement

[jersatx]

What is the name of your state (only U.S. law)? Texas

I am looking for a home to purchase and signed and agreement with a realtor to represent me. Her agreement, which she completed, specifies 5 counties by name that she represents me in, and of course, will collect her fee in if we purchase a home in any of them. About 2 weeks ago, I came across a home in a county that is not listed in our agreement. The home is also FSBO. Since the county it is in is not in our agreement, the realtor did not assist in finding it, and it is FSBO, I contacted the owner on my own and went to see the home on my own without notifying the realtor. Last weekend, we went with her to see some homes that were in her areas listed on the agreement. Also, she followed us to the home, out of the agreement areas, that is FSBO. We would really like to pursue this home but are concerned she may come at us wanting a commission. Our question is, obviously, are we liable for any realtor fees with the home being in a county that is not listed on our agreement?

 

[justalayman]

we cannot read your contract from here so about the best anybody can say is: if you have doubts, take it to a lawyer who can read it in full and provide an opinion.

I will say that based on what you did post, it sounds like she does not have a claim for a commission but again, that is without reading the contract, which is critical here.

 

[nextwife]

If you DON'T wish to use her, why are you involving her and having her spend time dealing with this other property? Why would you have had her drive there with you? The4 ONLY way she would have gone there with you is if you asked.

 

[jersatx]

Again.

Again, we were looking at homes which WERE in her coverage area as listed on the signed agreement. The FSBO home is in a neighboring county, only about 10 miles from the others in one of the counties that IS on the agreement. On that particular day, we had a small window to go look at the FSBO home (with my wife who was in town) and we fit it in right in the middle of the others. So the realtor came along. But when we got there, she took over asking questions as if she was doing the showing, which is fine, but she did literally nothing to locate the place. My issue is simple. Why should I have to pay a realtor a big commission on a house we want to purchase when the realtor literally did absolutely zero work at all in locating, finding, showing, or working the place. And, the agreement we have is NOT for the county that the house lies in. As far as the way the agreement is worded, here it is:
"Appointment: Buyer appoints broker as buyers exlcusive real estate agent to locate and acquire property for buyer in the Market Area. The term "property" means any right, title or interest in real estate. Name any employer, relocation company, or other entity that will provide benefits to buyer when acquiring property in the market area." The Market areas are listed by county name but the county this particular house lies in is not listed on the agreement.

 

[Gail in Georgia]

Does the contract you signed specify that the BUYER pays a commission or the SELLER in the event of a sale?

Gail

 

[nextwife]

Again, we were looking at homes which WERE in her coverage area as listed on the signed agreement. The FSBO home is in a neighboring county, only about 10 miles from the others in one of the counties that IS on the agreement. On that particular day, we had a small window to go look at the FSBO home (with my wife who was in town) and we fit it in right in the middle of the others. So the realtor came along. But when we got there, she took over asking questions as if she was doing the showing, which is fine, but she did literally nothing to locate the place. My issue is simple. Why should I have to pay a realtor a big commission on a house we want to purchase when the realtor literally did absolutely zero work at all in locating, finding, showing, or working the place. And, the agreement we have is NOT for the county that the house lies in. As far as the way the agreement is worded, here it is:
"Appointment: Buyer appoints broker as buyers exlcusive real estate agent to locate and acquire property for buyer in the Market Area. The term "property" means any right, title or interest in real estate. Name any employer, relocation company, or other entity that will provide benefits to buyer when acquiring property in the market area." The Market areas are listed by county name but the county this particular house lies in is not listed on the agreement.

You should have gone there totally on your own, without her, on a different day if need be. Do NOT involve the broker and then talk about not wishing to use her!

THe broker is "teaching you the market", getting you into various properties so you can clarify in your mind what you like or don't like, and what can be bought for X dollars in X location. I found my current home on my own, but I still paid the buyer broker (and I paid them, not the seller) because they had spent so much time familiarizing me with the market.

 

[jersatx]

Does the contract you signed specify that the BUYER pays a commission or the SELLER in the event of a sale?

Gail

Yes. It specifies that a 3% commission is due to the realtor by the seller. But if the seller refuses, the buyer is responsible. However, it specifically states that the commision is due for properties I buy in "the market area". This particular home is not in "the market area" as listed on the agreement.

 

[jersatx]

You should have gone there totally on your own, without her, on a different day if need be. Do NOT involve the broker and then talk about not wishing to use her!

THe broker is "teaching you the market", getting you into various properties so you can clarify in your mind what you like or don't like, and what can be bought for X dollars in X location. I found my current home on my own, but I still paid the buyer broker (and I paid them, not the seller) because they had spent so much time familiarizing me with the market.

I don't disagree with what you're saying. However, my realtor has spent zero time on this. I get emails, that's it. And the emails are for homes in her Market Area, not the area I'm specifically looking in. All she has taught me is how to hit the delete key on my keyboard. AGAIN, the home I found is not in the "market area" as listed on the agreement. So I'm not interested in what I should have or should not have done. I'm interested in what legal responsibilities I have to the agreement specifically.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas

Last weekend, we went with her to see some homes that were in her areas listed on the agreement. Also, she followed us to the home, out of the agreement areas, that is FSBO. We would really like to pursue this home but are concerned she may come at us wanting a commission.


**A: let's review things from this angle leaving the agreement that you signed on the side.
Specifically, what did this Realtor do at the fsbo property? Did she view the property, talk to the Seller, talk to you about the property and ask you if she should write up the offer?

 

[CLJM]

I don't disagree with what you're saying. However, my realtor has spent zero time on this. I get emails, that's it. And the emails are for homes in her Market Area, not the area I'm specifically looking in. All she has taught me is how to hit the delete key on my keyboard. AGAIN, the home I found is not in the "market area" as listed on the agreement. So I'm not interested in what I should have or should not have done. I'm interested in what legal responsibilities I have to the agreement specifically.

If you were only interested in homes in a specific area and that area is outside the Realtor's scope of her "market area", why did you "sign" with her?
Your "legal responsibilities" will be in the contract of "agency" that you signed.

 

[jersatx]

If you were only interested in homes in a specific area and that area is outside the Realtor's scope of her "market area", why did you "sign" with her?
Your "legal responsibilities" will be in the contract of "agency" that you signed.

No, it wasn't that I was "ONLY" interested in the areas in "the market area" as she listed it. I was interested in a specific TYPE of property, no matter what area. Example: I was interested, and conveyed this to her, in properties anywhere within 1 hour of my work, of a specific acreage, of a specific age and size. It just so happens, the first property we found was in a county in which she lives. I have no idea why she listed 4 counties total, but she did. I signed the agreement with her for her to be my rep for homes in the market area as listed on her agreement. She has yet to come up with a single property in "the coverage area" as listed on the agreement. So I went out on my own looking, and I found this fsbo property that is exactly what we are looking for. It just so happens that it is not within the market area as listed on the agreement.

 

[jersatx]

What is the name of your state (only U.S. law)? Texas

Last weekend, we went with her to see some homes that were in her areas listed on the agreement. Also, she followed us to the home, out of the agreement areas, that is FSBO. We would really like to pursue this home but are concerned she may come at us wanting a commission.


**A: let's review things from this angle leaving the agreement that you signed on the side.
Specifically, what did this Realtor do at the fsbo property? Did she view the property, talk to the Seller, talk to you about the property and ask you if she should write up the offer?

Yes, she viewed the property, she spoke with the seller but we were never asked if we wanted her to draw up an offer. And actually, once I told her we wanted to look at this property but the seller was not willing to pay the commission, she said she did not want to be involved. I told her that I was going to look at it anyway, she came along.