Can I Make an Offer Through a Different Agent?

[Minimini0001]

Hi, I found a property listed by two different agencies. I initially viewed it with the first agent, who responded more quickly, but my offers weren’t successful, and I didn’t feel they were very helpful. Later, the second agent contacted me, and I scheduled another viewing with them. Since they seem more willing to assist, is it okay to make an offer through them, or should I stick with the first agent?

You’re going to cause chaos for the seller. An agency will ask for payment of its fees if the eventual purchaser was ‘introduced’ by them - if you change agents altogether you will be given a list of people they consider to be their leads. So if you did that without the second agency knowing you could line the seller up to be on the hook for two sets of fees.

The 2nd Agent may not get paid if your purchase is successful OR the seller might end up paying twice.
Might not be your problem I suppose but it won't endear you to anyone

Unless it has been taken off the market by the first agent I think if the first agent find out (and they are likely to) they will claim to the seller that they introduced the property to you first and will pursue them for the commission. It could get a bit awkward. Tell the second agent and see what they say.

Just be upfront. Tell the second agent you already made offers via the first agent that came to nothing. Then it's their risk. Up to them to squabble over. It won't impact the sale.

I don't see why you shouldn't make an offer in these circumstances. Some agents when agreeing to mutli agency have an arrangement that the two agents share the profit. It's hard to prove nowadays that one agent introduced the property rather than the other, with Rightmove and so on.

Not hard to prove in this case, when the OP has already made an offer.

Very clear in this case, but often it isn't. I've just put a property on the market and the contract explained that if we went multi agency, the profit would be shared between the agents.

Agencies can hold you to their fee even after you’ve moved agents. It’ll be in your contact if so.

I wonder if that’s the norm and we had tricky agents?

I don't know. I haven't sold a property for ages and last time I did it, I don't remember that clause. I wonder if it is because these days almost everyone starts with Rightmove rather than local agents, so it's mostly a question of which estate agent's listing comes up first.

I told the second agent and he said I should go with the first one

Thanks everyone for the messages!

The EA has no say in if your offer is successful, its the owner that rejected you and if the refused ongoing communication its because the seller has been likely been offended or thinks you are a risk and decided not to sell to you.

Why would the suddenly accept the offer they refused before now.

Its nothing to do with the EA, they are not their to assist you they work for the seller.

This is why I want to switch the agent. He’s not really helping.

But I’m talking about an agent being tricky about fees when acting for a seller. I’d still love to know if it’s the norm that all agents work together on a multi agency deal.

When you make an offer the agent may say whether they think it’s a good one but ultimately it’s the buyer that makes the decisions.

What did you want the first agent to do that they didn't do, OP?
If they simply presented the offer to the buyer and the buyer wasn't interested, there isn't much they can do about it.
Was there something else?

I just find it uncomfortable with the agent communication style. the second agent was much easier to approach.

Ah, OK. They are nicer people maybe with a better manner. It's a shame you can't use them instead. But I doubt if they would have better luck with presenting your offer, if it's the same level.

Its an agent that OP wants to buy through not sell through, they usually split fees as far as I know when they are with 2 agents, that's what happened with our house, so I say go with who you are most comfortable with

I went back to check and when we were briefly multiple agency they didn’t split fees. The one who sold it got the whole fee. The fee should have been higher than sole agency but we did a deal. I’ve talked to a few agents over the years about various selling options and never heard of the fee being split but that might be how some do it now.

I know the OP is talking about buying - I clarified I was talking about using an agency to sell as I think I’d confused her by talking about our agency being tricky customers to deal with!