How AI Legalese Decoder Can Help Navigate Property Visits Without Realtor Approval
- December 9, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder can help in this situation by providing guidance on the legal implications of the actions taken by the selling agent. In the original content, you mentioned feeling pressured and confused about the options available. With the help of AI Legalese Decoder, you can gain a better understanding of your rights and the potential consequences of the selling agent’s actions.
Heading: The Situation with the Realtors
I Visited a Property Twice Without My Realtor: What Are My Options?
The Initial Interaction with the Realtor
During the initial visit to the property, the realtor did not directly inquire if the potential buyer had a realtor. However, the buyer mentioned visiting the property on and off. The realtor later recommended getting a realtor, and the buyer affirmed that they had one and were going to involve them.
The Subsequent Visit and Attempt to Make an Offer
After visiting the property for the second time, the buyer contacted their realtor to put in an offer. However, the seller’s agent responded that she was not under any guarantee and claimed that the buyer had agreed to be represented by her. This led to the buyer’s realtor feeling uncomfortable and backing off due to the lack of guaranteed commission.
The Confusing Situation with the Seller’s Agent
The buyer attempted to clear up the confusion with the seller’s agent, but the agent insisted that the buyer would not be represented due to initially visiting the property without their agent. The agent also mentioned that the buyer’s only options were to be represented by her or to pay their agent commission fees. This created a sense of pressure and confusion for the buyer.
The Shady Actions of the Selling Agent
Further complications arose when the selling agent failed to ask the buyer if they had an agent and lied to the buyer’s realtor by claiming that the buyer had agreed to be represented by her. This created a scenario where the buyer’s word was pitted against the selling agent’s, leaving the buyer feeling powerless.
Using AI Legalese Decoder to Navigate the Situation
Because of new laws in the province, the selling agent cannot represent both parties. However, the agent stands to gain a larger commission from the deal. Despite this, the agent has stated that they can draft the offer for the buyer but cannot provide advice due to the lack of representation.
In this situation, AI Legalese Decoder can help by providing clarity on the legal rights of the buyer, the potential consequences of the selling agent’s actions, and the best course of action to take. With the assistance of AI Legalese Decoder, the buyer can better understand their options and make informed decisions moving forward.
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****** just grabbed a
You can make an official complaint to the board of realtors or just announce to her as she tries to double dip the commission by excluding your realtor. It can be described as a conflict of interest for representing the two parties in addition to misrepresentation and unethical behavior.
Why share when you can have the whole commission!
Tell your agent to send the offer, if they won’t get a new agent that will. If the selling agent declines to present the offer to the owner then report them to their managing broker and the owner.
It sounds like the sellerÔÇÖs realtor is trying to double her commission. When they represent both sides, they get both halves of the commission.
This sounds like BS, in Ontario (not sure about Quebec) you can buy a house without a realtor. You can basically do everything yourself and then get a real estate lawyer to execute the deal for you. The seller typically pays out the commission to the agent; the percentage of commission is negotiated between the seller and the agent. The commission will be paid out by the lawyers from the sale once the deal is completed and funds are transferred.
It seems the agent is trying to get the whole commission but it’s looks like that’s due to the type of contract she has.
There are agents that offer a 3 percent commission if the buyer has an agent, and 2 percent if the buyer has no agent.
If she told her client they have no agent. Then the seller would be more incentivized to sell to you as it would cost her less. Now that you say you have an agent it will cost the seller more and the seller will likely prefer to wait for other offers to save money.
The resource is in French but it’s from the website of the OACIQ (the organisation overseeing realtors in Quebec):
https://www.oaciq.com/fr/pages/modifications-recentes-a-la-lci
This resource as similar info in English:
https://duproprio.com/blog/real-estate-news/bill-5-real-estate-brokerage-act-705
Since 2022, double reprensentation is not allowed for residential purchases and some other exceptions (E.g. in remote areas with few realtors).
You could try calling the OACIQ to get some help regarding the legality of the sellers’ broker claim regarding representation.
Edit: I mistakenly wrote broker instead of realtor.
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I know I was told to never contact a sellerÔÇÖs realtor directly if I had my own. For sure she doesnÔÇÖt want to share her commission.
I would knock on the sellers door and let them know the sneaky underhand crap she is pulling and let them know to have their agent pull back or you wonÔÇÖt put in an offer
NAL, but I know a tiny bit about real estate.
Did you sign a representation agreement with your agent? If so, does that say anything about having to view houses with her?
Report this agent to RECO. Also report them to their brokerageÔÇöfind their broker of record and speak with them. Make it known that you will be reporting their agent and them if they continue harassing you like this. They are acting in bad faith just to secure the full commission for themselves. You have not signed a representation agreement with the listing agent and did not at any point agree to be represented by her. The only time your agent may not get their commission is if you ditched your original realtor who introduced you to the property in question. If you went behind your original realots back after your agreement expired (there is a timeline) and bought the property which they introduced, they can contest the commission. This is not the listing agent! The listing agentÔÇÖs fiduciary duty to uphold their clients best interests is to the SELLER, not you. Your realtor should have made you sign a buyers representation agreement as soon as you started working with him/her with the intention of viewing a property. You would be legally shortchanging yourself if you let this corrupt agent represent you because she does not owe you the same fiduciary duties as she does to her client. If things were to go south, you would be left in the lurch.
She is trying to double dip for sure. I donÔÇÖt believe this is allowed under the real estate board. Also, realtors actually have a document that you sign that you agree to be represented by them. Since you did not sign anything she is full of shit. If you have her claiming that in writing she could be in a lot more trouble. You should file a complaint and at the very least she will get in shit for claiming that you agreed to be represented be her when you did not
Buyers don’t pay a fee/commission anyway (in Qu├®bec), only the seller does, so that’s BS. The seller’s broker has to share the commission with the buyer’s broker. So is incompetent or is lying to you. Strike 1.
A new law was also passed and brokers can no longer represent both sides as their goal is for the property to sell, so as fair as they want to be, they will be prioritizing the seller’s interests. Strike 2.
You could make a complaint to the broker’s board, the company she works under (Remax, Sutton, etc.) or let the seller know their broker is negatively impacting their chances of closing the sale.
Never use the same realtor , I did a while back and got screwed. I would tell her straight I have a realtor and if they are not getting paid then i’m not buying the house Bye.
7 years ago, my wife and I viewed a property without an agent. The seller’s agent was there and asked if we had our agent and I said yes, he could not be here today. He gave me a form and asked me to sign it saying the form is for paying for any damages while viewing. I never sign anything before reading. The form was for not objecting to this agent representing both the seller and the buyer.
Needless to say, I used profanity and left.
Reason 1,427 Realtors are unnecessary and need regulated.
REALTOR® Here.
Did you sign an exclusive representation agreement with either party?
It sounds like the listing agent is trying to double end the deal.
Signing an exclusive representation agreement puts you into client status, at which point the REALTOR® has fiduciary duties to you.
For what it’s worth, call the original buying agent, and say you want to sign a representation agreement.
Why would they pay your agent? Your agent wasnÔÇÖt the procuring cause. The only reason to pay a buyerÔÇÖs agent is for them to procure a buyer. The listing agent did that. You can just hire an attorney to write your contract and represent you if you donÔÇÖt want them to do it.
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The listing agent wants to break your existing agent relationship? Make a professional complaint.
This is confusing. You talk about a buyer’s agent, a seller’s agent, and your separate realtor. How is this buyer agent related to the seller agent? Did this buyer agent show you the property on either or both of these viewings? Is this how she gained the impression that she represents you? Did you sign a short-term contract with this buyer agent in order to view this property?
You need to contact OACIQ and explain this to get the best advice. Since 2022 Quebec has outlawed dual representation so an agent can not represent both a buyer and seller. Verbal contracts have also been outlawed so unless you signed some documentation, I don’t see how this buyer agent could think she represents you. Unless you did in fact sign something related to this specific property in order to view it.
However I can see why your agent could see a lawsuit looming if she represents you in this situation, and has probably decided she doesn’t want to chance it where her payment is concerned.
Review any documentation you may have signed related to this property. Something important seems to be missing from your explanation.
I had something similar happen, however, in this case, the sellers agent informed me before the first visit that my agent needed to be present if I wanted to be represented for the transaction. The fact that this info was not shared upfront could have an impact on your rights in this situation
Not a lawyer or a realtor, but based on what I’ve learned from realtor friends….
You didn’t sign anything… you went to a place and looked around.
You can tell her to gargle a bag of amputated testicle and do whatever you want after that.
You do not have an obligation to her, but she has an obligation to her client to show all offers. If you have your realtor put in an offer then that’s it.
That being said, if your in Ontario, contact OREA (and if not, then your local real estate agent board) and let them know about all of this.
What a greedy and unprofessional realtor. Here is the solution: you get disguises and start the process for this house all over again.
In the UK, only the seller has an estate agent, realtor, I’ve never heard of having to have an agent as a buyer…. sounds like making ‘Jobs for the boys’.
Your offer, your rules. They don’t like it they don’t get your money. Fuck em.
Tell her you will be filing a complaint against her realtors license, no longer contact her, and make sure you actually contact the board. She could lose her license over this.
My understanding is that an Agent cannot represent both the seller and the Buyer! Huge Conflict of Interest!!!
I live in Quebec. When we were shopping for houses without a realtor, a seller’s agent once told us that if we visited her house first without our own agent along, then we cannot bring representation later and the commission will not be shared.
Later when we hired our own realtor, this person confirmed the fact as well. So I don’t think this is something that your seller’s agent made up.
So the total commission % is something negotiated between the sellers and their agent. Unless stipulated otherwise the % stays the same whether the buyer’s side has an agent or not.
When a realtor puts up a property for sale, on the real estate agents’ website, the commission distribution is advertised (example: 3% for seller agent, 2% for buyer). This distribution is determined solely by the seller’s agent. The latter can distribute 0% to the buyer’s side if he/she wanted, but they’d get ostracised in the agent community and will attract less visits.
So it’s likely that there’s a clause in the contract/rules between agents in Quebec for your situation. If you visit without representation, the seller’s agent has no obligation to share any commission.
I agree with the other posters who suggest to consult with he OACIQ and see what your options are in this case.
It sucks that neither the seller’s or your OWN agent told you about this. Our agent told us straight off the bat to only book visits through him if we wanted to be represented due to this exact scenario.
Whatever deal the seller’s agent has with the sellers is between them. Whatever deal your agent could have with the seller’s agent is between them. It doesn’t matter how they spin it. All that matters is you pay the price you want to pay for the property and the seller agrees to sell it at that price.
The seller’s agent already fucked up the deal multiple times to warrant extra attention from you or your agent. If the deal gets too complicated, I’d just walk and leave a letter for the owners that the agent fucked it up.
Include your agents commission in the offer. Write it in explicitly. Then it is guaranteed.
What is in writing? I don’t know about Canada, but in the US, you need to sign a document saying that an agent will be representing you.
You can complain to the managing broker, the board of realtors, and the current house owner. This may result in the unethical agent getting reprimanded or losing a client. It is the right thing to do, but probably won’t help you.
There is a bigget wuestion hete though. I would ask yourself if you want the house sp much that you are willing to work with someone who is unethical? It may be a pure money grab. Or maybe the unethical agent doesn’t want knowledge, prying eyes looking over the transaction. Are there undisclosed issues? Missing inspections? Other clauses not in your favor? Has the agent told the current homeowner to hide details that would lower the value of the property? Unethical people will often act unethically in multiple ways. This may not be a red flag, but it is at least orange.
Did you sign anything with the shady realtor? DonÔÇÖt you have a document with your realtor?
Or hear me out, walk away from purchasing this house.
Just get your agent to submit an offer. If your agent doesnÔÇÖt want to, get your agent to sign a mutual termination of agency relationship and get another agent. ThereÔÇÖs tons of real estate agents willing to represent you.