Do we owe an agent with whom we had no contract but we showed us a property that we want to lease?

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Do we owe an agent with whom we had no contract but we showed us a property that we want to lease?

A real estate agent showed us a property that we want to lease. We signed no agreements with that (or any another) agent. We want to go forward without the agent because of several disagreements that we had with them. We want to have integrity but do not want to miss out on a great opportunity because our agent would not listen to our requests. If we lease the property on our own, do we owe that agent? If so, how much would be fair?

Asked on June 10, 2011 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Typically, even if you did not sign any agreements, if you asked an agent to show you  property, you will owe him or her his or her typical commission (or if his or her "typical" commission is unreasonably high, the normal or customary commission for an agent on that type of transaction. The need to pay can be derived by contract law (there was an oral, or even implicit, agreement between you when you agreed to see a home shown by the realtor) or by unjust enrichment (you are "unjustly enriched" if you found a home because of the agent's contacts, work, expertise, etc., but then refused to compensate the agent. If you don't pay and are sued, there's a good chance the agent would win; you may therefore want to try to work something mutually agreeable out in advance. Good luck.


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