Can a builder deny you using a realtor?

UPDATED: Oct 1, 2022

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Can a builder deny you using a realtor?

I completed a purchase agreement on a condo onsite in the sales office with the builder’s sales rep. I had been looking for a house prior with the help of a

realtor not thinking of a condo purchase at all. I liked what I saw as it’s a

brand new unit actually still being finished. When the sale rep asked if I had a

realtor I replied no thinking she was asking me if someone referred me. Several days later, I received a follow up call from the realtor who had shown me several houses a month or so earlier. I felt bad about the fact of my reply to the sales rep and contacted her to add my realtor. She checked with her main office and they denied me adding my realtor. I have 14 days to cancel and advised her that I would just cancel and have my realtor accompany me and start the purchase over. She advised me I would not be allowed to use a realtor on a repurchase. My sales agreement is not signed by anyone from the builder’s main office. Is this legal?

Asked on July 10, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on what the purchase agreement said: if you completed or signed an agreement which stated that you did not have a realtor (which appears to be the case, from what you write), then you are contractually bound to what you agreed to; they can, in that case, prevent you from using a realtor. Whatever is in the agreement you signed is enforceable against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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