SHOP PRODUCTS
Houzz Logo Print
summerskye_gw

exlusive buyer representation and FSBO

16 years ago

We have been working with an agent for a couple months now, and were in the process of purchasing a home, but terminated the agreement after the inspection revealed some major issues. Not long after this, we found a FSBO home on our own that we loved. Believing that we did not have an exclusive agreement with our agent, we put an offer on the home and it was accepted. We did not tell our agent about this, feeling a little uncomfortable for the time she had put in with us, but we were also unhappy with her because she revealed too much information about us to the seller in the previous uncompleted transaction. As I was going through some papers I was about to shred, I realized that we had actually signed an exclusive agreement with her, to last four months. She never discussed it with us, just slipped it in with the sales agreement for the first property. Yes, we should have read everything more carefully. We were doing everything by fax and we thought the agreement only pertained to that property. The agreement only addresses compensation for MLS listed properties, not FSBO. There is a section on the form that states that the agent should be compensated for FSBO homes, but there is a box in front of it that was not checked. Is this a loophole for us? We absolutely cannot afford to pay her commission, and we know the FSBO seller will not pay it either. We can't belived we signed this without realizing it, and could lose out on our dream home because of this.

Comments (3)

0