Legal Question in Real Estate Law in Illinois

Is there any legal obligation to use the same real estate agent if an older contact on a particular home was disapproved? I stopped looking for a month, but am now using another broker, who seems much more knowledgeable. The original house I looked at has had a significant price drop, so I am considering making a new offer on it. I didn't sign any "exclusive agreement" to work with any buying agent, but I realize the other guy did show me the place first. I suspect he just wanted a bigger commission, as he recommended that I make a full price offer at the time, but obviously there was room for negotiation, as the asking price is lower now.


Asked on 8/23/14, 8:22 pm

1 Answer from Attorneys
Stephen Messutta

Your question is somewhat confusing. Just because a broker shows you a house doesn't mean the broker represents you. But you talk about an "older contact" that was "disapproved". What was disapproved? A contract, a loan application? If you went that far, still that would not obligate you since although you were ready and willing to buy, you were not able to buy, and all 3 facts must be present for a broker to be deemed the procuring cause. If you NOW are able to buy, and a different broker is able to help make that happen, then that broker would be your agent. At the same time it is customary that sellers pay for all broker fees (their own and buyer's) so ultimately it would not be on your head except to the extent that the seller is unwilling to negotiate price because a broker commission will be payable.

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Answered on 9/04/14, 9:25 am


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