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Can You Bypass an Agent After They Introduce You to a Property?

The short answer is yes, but doing so could subject you to a commission claim, a breach-of-contract claim, or both.

Simply showing someone a property does not automatically entitle the agent to payment that can be enforced. Usually, the result will be in one of three directions: what you signed, how the property was introduced, and whether the agent’s work was the effective cause of the transaction.

The contract is king

A buyer-representation agreement may obligate you to work exclusively with an agent for a specified time. And it may include a “protection period,” sometimes called a tail clause, on properties the agent brought in even after the agreement ends. If you buy during that time you might owe the agent the commission stated in the contract.

You need to read with care. Some agreements only cover those properties that the agent personally showed you. Others may cover listings they identified, discussed or helped you evaluate. Compensation negotiable. Contract should state who pays it and how much.

What if you signed nothing?

You might have more leeway, but you aren’t out of the woods yet. In commission disputes, brokerages often argue that their agent was the “procuring cause” of the sale, the uninterrupted chain of events that resulted in the closing. Introducing a buyer to a property can be important evidence, but it is not conclusive. A court or arbitration panel may also consider whether the buyer deliberately excluded the agent, whether negotiations continued, and whether another broker’s work caused the deal.

The seller’s listing agreement may create a separate issue. Many listing contracts include a protection period for buyers previously introduced by the listing broker. That clause generally binds the seller, not the buyer, but it can complicate an attempted end-run around the agent.

The cleanest way forward

If you want to change agents, say so in writing and ask for a release. Do not contact the seller directly or ask another agent to arrange the same property until you understand your obligations. Keep copies of emails, showing records, and agreements.

The ethical and practical rule is simple: an introduction is not ownership of a customer, but it is not meaningless either. Before bypassing an agent, have a lawyer review the agreement and applicable laws. A few minutes of advice may cost far less than an unexpected commission claim.