Erika Rae Albert, Austin Real Estate Expert, Exceeding Expectations in Every Transaction (E*Rae Realty)

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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

I recently did this, Erika and that is exactly how I handled it - I represented the tenant/buyer and recommended the landlord/seller hire his own agent (and he did). 

May 04, 2018 06:47 AM
Rainmaker
5,571,934
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

represent the past client (buyer) who needs, in my opinion, representation beyond that of the seller....all buyers need guidance and the seller will agree to a co-broke fee...

May 04, 2018 07:45 AM
Rainmaker
611,266
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

I went through this a couple of years ago.

I made it very clear that I was going to ONLY represent the tenant/buyer (written disclosure) and the seller had an option to get their own counsel. I also made it clear what my commission was going to be, paid out of the purchase price.

The seller decided not to use anyone else...and no, I did not become a transaction broker, dual agent or any combination...I still represented ONLY the tenant/buyer.  

It was not my job to advise the seller about anything...

Eve

May 04, 2018 06:56 AM
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  What Eve said.   Mike & Eve Alexander 

May 04, 2018 07:17 AM
Rainmaker
710,004
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Write a contract, represent both as a dual agent. Make the sale.

May 04, 2018 07:15 AM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Submit a contract as the buyer agent.

May 04, 2018 07:09 AM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

The tenant is your client, yes?
Here in the magickal land of AZ, if I had no relationship with the landlord, I'd probably secure a compensation agreement and do that . . . 
If I did have a decent rapport with the landlord, I'd ask him/her if it would be easier for me to oversee all - of course, welcoming them to have their own rep or attorney. 

May 04, 2018 07:00 AM
Rainmaker
5,592,944
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Erika,

You have great answers here.  A

May 04, 2018 06:53 AM
Rainmaker
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Lyn Sims
Schaumburg, IL
Schaumburg Real Estate Agent Retired

I would represent the tenant & then have the seller get an attorney to help on his side (IL).

May 04, 2018 06:52 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

This always depends on so many different factors, but I would allow the seller to suggest what you mention as you might be leaving money on the table.

May 04, 2018 06:48 AM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

First I would make sure the tenant can actually get a loan to buy the property. Once approved and I have proof of funds in hand, I would approach the landlord.  I would make it clear that I would not represent the landlord - only the buyer. 

May 04, 2018 09:38 AM
Rainer
327,022
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

Get a "One Time Showing Agreement," so you are renumerated for your services. From there, represent you client and let the seller do as they please.

May 04, 2018 09:21 AM
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Since the tenant is a past client it seems logical for you to represent them and let the seller decide how he wants to be represented on his side of the transaction.

May 04, 2018 08:19 AM
Rainmaker
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Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

represent the Buyer and Seller may choose to be unrepresented or have representation of their choice.

May 04, 2018 08:11 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

Since you are a Texas REALTOR® I would approach the seller give them an IABS and the REGISTRATION AGREEMENT BETWEEN BROKER AND OWNER (TAR FORM 2401), represent the buyer only and the property owner only has to pay you, unless of course he wants representation.

May 04, 2018 07:58 AM
Rainmaker
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Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

This could beome sticky if you say too much too soon. After all, why does the seller need you if the tenant is already sold on the home? 

May 04, 2018 02:02 PM
Rainmaker
1,387,958
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

In CA we're allowed to do dual agency and I LOVE it!.  I'm assuming you rented the house out for the landlord.  I'd first ask the landlord if he's interested in selling.  I'd have no trouble representing both parties.  Since I own most of the rentals I represent, I'd be all parties in the transaction EXCEPT the buyer!

 

I had one tenant ask me if I was willing to sell.  I said no and helped him buy another house.

May 04, 2018 09:35 AM
Rainmaker
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Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

It depends on the scenario,  the particulars and the participants plus any state or individual brokerage requirements.  Good luck to all.

May 04, 2018 09:04 AM
Rainmaker
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Dan Tabit
Keller Williams Bellevue - Sammamish, WA

Before you do, show them some alternatives. Odds are they will stay with the place they are in, but provide some alternatives in the price range. Yes, represent the buyer, they are your client. Ask the seller to handle the commission. 

May 04, 2018 09:02 AM
Rainmaker
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Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Flat fee to write the deal up. Represent the buyer and use a seller's fee agreement to ensure you get paid. 

May 04, 2018 08:38 AM
Rainmaker
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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Well, yes... assuming your past client is wanting your representation and either the client or seller pay your commission.

May 04, 2018 08:21 AM
Rainmaker
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Lately, I have had this pop up more than a few times.    But, the seller was usually my client, and was a transaction broker for the deal.

May 08, 2018 09:51 AM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I would have them try and make a deal and then be a facilitator.  Now if that did not work, then I rep the buyers

May 05, 2018 10:06 PM
Rainmaker
3,069,984
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Sounds like the plan Erika Rae Albert, Austin Real Estate Expert !

May 05, 2018 06:22 AM
Rainmaker
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Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

I would definitely represent the buyer and suggest the Seller retain his own agent.  If Seller does not retain an agent, ensure you get something signed by the Seller agreeing to pay you commission... before you submit the offer.

May 05, 2018 06:07 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would work something out with the landlord.

May 05, 2018 05:39 AM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Erika Rae Albert, Austin Real Estate Expert - sometimes the landlord prefers that no agents are involved. 

You can talk to the landlord directly anyways.

May 04, 2018 11:36 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I have done that and sometimes the seller has hired an agent or an attorney and sometimes they went unrepresented. 

May 04, 2018 09:38 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I would refer the buyer and represent the seller.

May 04, 2018 09:25 PM
Rainmaker
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Jerry Thomas-Construction Loans
Cranbrook Loans - Farmington Hills, MI
Construction Loans in MI, OH, VA, GA and FL.

Offer to work at at 50% discount to bring the deal together.

May 04, 2018 07:16 PM
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Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I've done this a few times.

I typically only represent the party I have the relationship with and refer the other party to my team member; which is an arm's length dual agency with separate representation under one roof.

May 04, 2018 02:45 PM
Rainmaker
911,686
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

My answer in California: talk to both parties and discuss the alternatives. I would represent both if both are agreeable. If not, I would prefer to represent the buyer who is my past client and, apparently, the instigator of this possible transaction. Make sure you have an agreement in place to guarantee that you get paid.

May 04, 2018 11:12 AM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

You can represent the renter if the dialogue already got started. Just represent one side.  

May 04, 2018 10:28 AM
Rainmaker
822,262
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

If your state doesn't allow dual agency, your client is the buyer.

May 04, 2018 09:55 AM
Rainmaker
508,283
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

I would try to represent both. 

May 04, 2018 09:17 AM