Each state has different laws about agency and who represents who and when that needs to be disclosed.  In my state for instance we have whats called "presumed buyer agency" and if your prospects don't sign the exclusive right to represent agreement, they still understand that you will be showing them properties as a "presumed buyer agent!"  

I too have been burned before by taking people out and have not pressured them into signing the exclusive right to represent agreement only to find out later that another agent actually wrote the contract on the same property that I showed them.  However, I was the procuring cause for the sale because I was the one who made it happen by initially showing the buyer the property, so therefore in my state I am entitled to a commission.  What I have to do in my state is file for an arbitration hearing with my local realtor board that I am affiliated with and take the other broker/agent into that hearing to dispute the commission and then the panel makes a decision on who the commission should have went to.

However, your situation seems to be different because it is new construction and you are dealing strictly with a builder.  Was the builder offering to pay a co-op agents commission?  If not, you probably have absolutely no recourse, but I'm not an attorney and don't know for sure.  If so, I would consult with your broker/manager and ask for their professional advice as to what to do in your state.

Hope this helps...

Bryan, are you just asking about the title company being used?  In my state, builders will offer incentives to use their lender and title company... but no one can "make" your client use anyone they don't want to. Now, everyone will try to hijack your client to use their title company: the lender, the builder, your broker... everyone wants a peice of that pie.  Ultimately, you need to let your client know that they have choices.  However, their choice can have consequences and they need to be factored in as well.

Shelly

B -

You still have control of this situation. It is your responsibility to advise your client that they are not obligated to use any of the preferred vendors including the title company. The great things about this business is the regulation. The client is in control and will look to you very often for guidance. The sellers or developers may offer incentives to use their preferred vendors but that does not make it mandatory. The client may not be able to take advantage of some of the incentives beign offered if they stray fromt he "approved" list, but at least the client should have the opportunity to have all the facts before making the decision.

As for all the documentation, most clients don't want to sign. You mayh have to spend extra time explaing the agreement with them but eventually they sign.