Chicago, IL asked in Real Estate Law for Illinois

Q: Have r/e agent w/out a contract. Saw house on own. Didn't know I had to disclose I had agent. What is obligation?

i went to see house on my own to be proactive. after going thru the house with the sell agent I said I would have my agent contact them. the sell agent got very angry and said I was to disclose I was working with agent. I did not know that. The selling agent never asked. The selling agent then said I am no longer able to have agent represenation because the agent did not make the appointment and as a result I can now can only work with her or one of her agents.

Unfortunately, prior to this house, I looked at an additional house. Again, selling agent did not ask. I did not disclose. Agent provided me with folder when leaving home. I thought it was house details. It turns out it is a a exclustivity agreement. I have not signed. Again, this agent did not realize I was working with an agent.

I am interested in both houses and would like to start the process of making an offer on one of them. What are my obligations to my agent and now the selling agents?

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1 Lawyer Answer
Robert Shipley
PREMIUM
Robert Shipley
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Legally, your obligation is to the agent/broker with whom you signed an agreement. If you did not sign an agreement with the agent/broker who agreed to show you properties then there is no commission to pay a commission. If the selling brokers you have described are 'angry' that is because when another agent is involved they will have to split a commission.

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