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October 20, 2007
Broker etiquette
Saw an apartment a few weeks ago with a broker but didn't love it and didn't make an offer. I noticed the same apartment is having an open house with a different broker and I'm thinking I should look at it again. I probably still won't be interested, but is it bad form to go to another broker's open house if you've already seen the place with a different broker? I'd just like a 2nd look without having to make a special appointment. But if I did end up making an offer, would this obligate me to both brokers?
Comments
You can go and see the house all you like. How would the 2nd broker know you've already seen it. If you make an offer, then I suppose you need to make it through the first broker, since they showed you the house first. Otherwise broker 2 would have to split their fee with broker 1 and that might tick both parties off. However, I am not 100% certain about the above.
Posted by: guest at October 20, 2007 3:57 PM
It's not bad form, you can see it as many times as you want. However, I think the first broker has dibs on you as far as commission if you make an offer. Easiest thing to do is sign in at the second open house and write on the sheet that you saw the place last week with So-and-So at Such Agency. If your interest is sparked after this second look, I'd call the first broker directly and make any further appointments with him/her.
Posted by: zeebee_in_bklyn at October 20, 2007 4:41 PM
Why not do the right thing and call the 1st broker and let them know that you want to see it again but that you probably won't put in an offer and that you'd like to go to this other open house? Not a big deal. Would make the agent feel good that you thought of them and probably would make them work harder to help you find the perfect place down the line knowing that you will stay loyal to them.
Posted by: guest at October 20, 2007 6:17 PM
From Original Poster: 6:17, when you say "do the right thing", are you saying that it IS wrong to go to an open house if you've already seen the place with someone else? That's what I'm trying to figure out. Who would be the wronged party? If I made an offer, I'd definitely do it with the first broker who showed me the place. But it seems pretty silly to call her and tell her I'm going to the open house again after I expressed little interest in the place (and in fact, probably won't even like it this time either). I'd certainly feel guilty if I asked her to give me a 2nd showing, with my so-so interest, but when I noticed the open house, I wondered if I'd feel differently about the place if I saw it again.
On the other hand, is the broker holding the open house the wronged party, since I'm showing up at her open house but I'd use another broker if I made an offer? (Again, not a likely scenario). I'm probably over-thinking this, but I don't really feel like getting into a whole discussion with the open house broker about how I have seen the place before, etc. I just wanted a quick look at the place again to see if it looked more promising on 2nd viewing. But I would like to "do the right thing" here, without making this into something complicated.
Posted by: guest at October 20, 2007 7:00 PM
If you want to have a relationship with the first broker than it's better to talk to them about wanting to see the place again. Otherwise the next agent is going to try to work with you as well.
Posted by: guest at October 20, 2007 7:48 PM
ack !!
this is likely just an "open listing" meaning that both brokerages and possibly others are showing it.
If you saw apt thru broker 1 and signed a fee agreement <<-- this being the key point
then you are creating issues by attending broker 2 open house. fee agreement generally states that you WILL pay that broker the requested fee if you rent any apt shown by them. if 2 different brokerages show you the same apt , you can rest assured they will fight over the commision regardless of who you rent from.
So unless you want to find yourself getting sued for commission...just call broker 1
keep in mind that if a broker is suspicious they will find out who moves into the property and they will come after someone who tries to ditch out on the fee.
good luck
Posted by: guest at October 21, 2007 10:44 AM
Wait, is this two different seller's agents for this one place, or two different buyer's agents?
If there are two different firms listing the place, then I'd make my decision after I saw the place a 2nd time. The 1st agent didn't sell you on the place, remember. However it was shown to you, you didn't like it at the time. If the 2nd agent does better, give them the sale, but if they are the same and not better (or worse yet, they're worse) then give the sale to the 1st agent.
If there are two buyer's agents, then you give the commission to the 1st agent who showed you the place.
Posted by: guest at October 21, 2007 11:05 AM
Original Poster again -- This is what I was afraid of - I'm just not going to bother to see the place again. For the record, it was 2 different firms listing the place as seller's agents. When I noticed the open house was happening, I thought I'd like a 2nd look. I thought the first agent did fine. In fact, so fine that I'd hardly want to call her back to arrange a special appointment to see the place again when the likelihood of making an offer is so slim. I guess I just wanted to convince myself I had made the right decision by passing on the place, but I'm sure I did or I would have been more excited the first time.
Posted by: guest at October 21, 2007 11:34 AM
>
incorrect. brokers have you sign listing agreement specifically to avoid such stupidity. few if any will even tell you specifics of an apt until you sign the agreement. at which point you ARE legally obligated to pay them the agreed commision if you rent the apt. it doesnt matter if you like the broker or not,have a sister in the business, pay another broker a commision,
or end up "accidentally" bumping into the owner on the street and "happening" to hear about the same apt. you will still be legally obligated to pay them.
some even have a caveat in the fee agreement
that if you do rent the apt you understand that they will sue for 22.5% plus lawyers fees.
be smart. LOL
Posted by: guest at October 21, 2007 11:52 AM
some even have a caveat in the fee agreement
that if you do rent the apt* you understand that they will sue for 22.5% plus lawyers fees.
*thru someone other than them
Posted by: guest at October 21, 2007 11:53 AM
it's an OPEN HOUSE. you can do whatever you want.
go to the open house again. who cares?
if you suddenly became interested, just tell the second broker the first broker showed it to you first.
Posted by: guest at October 21, 2007 12:54 PM
The commission goes to the broker who brought about a "meeting of the minds" PERIOD.
If broker #1 didn't follow up or didn't ask you to make an offe, he/she is entitled to NADA! Otherwise, I can fax/email a list of EVERY home to EVERY buyer... i am not entitled to any commissions if they drive by and see an open house.
The broker who brings about a buyer who is ready, willing and able is paid.
Howard (Agent)
Posted by: howrealnyc at October 21, 2007 4:42 PM
OP,
You are the buyer. You can do what you want. None of these brokers work for you and you have no contract with any of them.
If you don't care about your relationship with first broker, just do what you want (see it or not). If you do, because you like that person or that person has been practively calling and showing you places, then call that broker after you have seen the place again, if you want to make an offer or explore it further. If you don't like the place, it doesn't matter that you went back to see it.
Don't let these brokers freak you out and never forget that they do not work for you.
Posted by: slopefarm at October 22, 2007 9:41 AM

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