Medina, OH asked in Real Estate Law and Construction Law for Ohio

Q: We have begun the process to build and using a realtor who happens to also be a representative for the builder?

Should we get a different realtor not partial to builder? We have started to feel like she isn't getting us the best deals. Do builders usually come down off prices or offer incentives? She has told us that they will do neither and seems like she won't even ask. Very frustrating.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Construction Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Is she acting as a dual agent, representing both you and the builder? She would have had you sign a Dual Agency Disclosure to do that. If not, then she is acting as builder's listing agent. An agent who is representing the builder is not representing you at all. If she is the builder's listing agent, then her legal duty is to the builder, not you, although she might seem very friendly to you trying to get you to sign a contract and earn her commission. Different builders handle negotiations and incentives differently. If you got a new agent, the builder might not offer anything different or better. Be prepared to walk away from this builder and see if builder is willing to offer you a better deal - just like buying a car. If the builder has other potential buyers, and a limited supply of homes, it might not need to offer incentives.

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