Since you found the home through your past agent sending you MLS listings, you'd be fine by getting hold of this agent, (or any other agent), and sign a Buyers Agency Form with them and submit your offer.

So you went to this house 3 separate times? The first time at an Open House and then the following two times with private showings with an architect and a contractor?

Who showed you the house in appointment 2 and appointment 3? Was it another agent or the listing agent?

I know in our area getting another agent involved after you have seen the house on multiple occasions with another agent (not including the Open House) would be a procuring cause issue. In many of our listings the agents post notes in the broker notes of the MLS that the buyers agent must accompany the buyer(s) the first and subsequent times to the showings in order to receive compensation. Please discuss this with your new agent so they aren't caught by surprise when they present your offer.

hi Denita - yes we went to the open house and then two other private showings. At the private showings we did not have an agent with us - only the seller's listing agent was there to open the house for us! She did not walk through the house with us on visit 2 and 3 - just us and the arch. while she sat in the dining room (to give us privacy I would think) It was very informal - we live in the area as does she and the house is empty so she was happy to oblige us.

I didn't think too much of it but when it comes down to making an offer -I want to have someone look at comps for us as well as advise us on the right offer price since this is a (kind of) fixer upper but in a very pricey neighborhood and we have not bought in this market.

If I were your new agent I would want to schedule another appointment to show the house to you prior to any offer coming from you. Discuss with the new agent you decide to work with the fact that you have seen the house already at an Open House (usually not an issue) and two private appointments with the listing agent.

^Agree with ncrealestateguy's revised post above.

This is a potential dispute between the brokers and the OP is entitled to use whatever agent s/he chooses for the purchase without getting involved in the commission side of it.

Totally agree that you need to be upfront with your new agent to eliminate/minimize any issues right from the beginning.

I also am not a fan of agents thinking that they deserve to be paid w/o doing the work. Those agents need to get out of the business. JMO.

I hope you find a great agent OP.

Thank you both! Its not that the listing agent has said anything to us - but I just want to head off potential trouble by being informed ahead of time what is the right thing to do both ethically as well as from a law perspective.

Its so hard to understand pricing in this crazy market - I am seeing price/sq foot all over the place and for houses that are either in similar condition or even in better condition that this one. I would not want to go into this without an agent

Just be upfront as to your connection to the Listing Agent, when you hire the Buyer's Agent. If I were the Buyer's Agent, I would speak with the LA before showing it.

You do what's best for you and let the agents figure out how to handle the commission split.

One note though... most Buyer Agency Agreements will say that if the buyers agent fails to be paid by the other party, then the buyer will make up the difference. Make sure your agent takes this part of the agreement out. I strike through this section for all of y buyer agreements.

In some states the Agent can represent both parties. In other states they can not. But regardless of which you're in I'd get my own agent. In my opinion there should have been a conversation about what they can and/or can't do for you by now.

I do not know the current custom here, although I may be about to find out, but when we purchased this house and the one my dad insisted he must have as aziline stated we used the agent that had the listing. None of the type of misunderstandings I see posted on here when purchasing both. Made an offer, agent conveyed the offer, accepted and paperwork completed within a month. Moved in the next month.

State law varies so what can be done in one will not be legal in another. With the listing agent doing both it is to their financial advantage to process quickly and thoroughly. Now if I was purchasing a multimillion dollar home I would be using a buyers agent.

Maybe I missed it, but I did not see where the OP found the house through a former agent. She just said it was an open house.

What I would do is submit the offer directly to the Listing agent because I know what I'm doing and don't need representation. In my state, that is permissible. If you need help, then you need to decide if you want a different agent to fill the out forms for you and let the list agent know and submit that offer. A single agent can handle it just fine. You just need to keep your mouth shut about your thoughts and feelings about it, and stick to the price negotiations.

Thanks everyone. I just wanted to give an update - I spoke frankly to the listing agent and said that I would be more comfortable with a buyers agent. She was perfectly ok with that and was actually wanting that as well as she could help us with the offer but she would need to side with the seller.

All good!