RealTown's RealTalk

RE: Contacting Expireds.
 
As a REALTOR(r) with extensive experience in the area of Professional Standards here is my take on expireds. If a property has been cancelled and or expired it is fair game there is no MLS or COE violation.  That is providing it has not been relisted. You should make  a reasonable effort to determine if the property has been relisted and if so, you should not be soliciting an active listing.  That also goes for listings that are about to expire.  The latter happens more than one would think and it's referred to jumping a listing.  That is contacting the owner 1 day before the listing expires.  That is a no no.
 
I used to prospect cancelled and expireds.  Sometimes by mail or by phone.  If I called someone and they said they had relisted the property I would say thank you and wish them luck.  No other discussion is appropriate.  If you call or door knock and they tell you it's relisted, in my opinion, this initial inquiry is not a violation.  It does become one if after finding out it's relisted an attempt is made to get the listing.
 
On a related matter.  If one is contacting a prospective seller cancelled, expired, farming by door knocking, cold calling and they person says they have an agent, it is permissible to ask if they have a signed contract (listing agreement), if they say no it's fair game.  I remember a couple of years ago I was cold calling in an area that I sold two listings and two people said they had an agent.  I asked if they had a listing agreement signed and they said no.  I then offered to meet with them to show them what I could do.  I got both listings and they both sold.
 
When it comes to sellers 'having an agent' and having a signed listing contract are two completely different issues. In my opinion it's fair game.
 
Lastly, sending a card or a letter to an expired is fair game.  If it goes out before the property is relisted, in my opinion it's not a violation. I would suggest a disclaimer at the bottom of the letter or post card for example.........."If your property is currently listed, this is not intended as a solicitation"  It seems to me the agent and the broker should understand that's how business is conducted and cancelled and expired listings are fair game.  Most people that prospect in this area usually play by the rules and I'm sure that was your intent. They need to 'get over it'. 
 
Just be cautious in contacting expireds/cancelleds and make every effort to determine if the property has been relisted. There several services that you can subscribe to that give you the latest information.  One particular one is www.reap007.com I've used him here in Los Angeles and the price is very reasonable and Kurt Wilson (the owner) is wonderful to work with. I'm not sure what other areas he covers but if you work with cancelleds/expireds and he's in your area I would recommend him highly.
 
 

Neal Adler, GRI, e-PRO, ABR
Associate Manager, Rodeo Realty
California Association of REALTORS(R)Director, Region 18
Member Professional Standards Committees
California Association of REALTORS(R)
Southland Regional and Beverly Hills Greater Los Angeles Associations of REALTORS(R)
California Association of REALTORS(R)Certified Professional Standards Trainer
www.nealadler.com
Direct 818-308-8679
Cell 818-282-2516
Pager 818-228-9999
Toll free 888-216-7530
Fax 818-761-7277

With the downturn in the real estate market are you
working FSBO's and Expired's more than usual? If so,
how are you working them? I had started sending a few
letters to expireds in my area (form letter from CRS
Class) and I was contacted by an agent who was pretty
ugly about me soliciting his customers. Now the
letter probably crossed in the mail but at the time it
was mailed it had not been re-listed on the MLS. Not
only was the agent ugly but the broker also. Just
wanted to see how and if other agents were working
them

Cheryl Laxton

I always farm expired in the good market and slow
market. Many owners are more realistic the second
time around.

In MD your farming must contain a discaimer to the
fact your are not solisting another brokers listings.
I would not worry about the agent or the broker many
times they do re-list with the same agent a few days
later. You have no way of knowing that.

I would send a note to the broker and agent telling
them that when you sent the expired listing letter the
property did not show as active on the MLS.

I go after any expired listing that was not listed by
an inhouse agent.
Note I am speaking as a REALTOR(R) in MD. do not know
about other areas.

Glory Bee Costa ABR, CRS, GRI, E-PRO, SRES
410-745-3241-Home Office
410-310-9081-Cell
http://www.Maryland-WaterFront-Homes.com
E-Mail-Glory@GloryBeeCosta.com
Maryland Counties (Eastern Shore)
Talbot, Queen Anne, Caroline & Dorchester
Prudential Premier Properties - Easton, MD - Associate Broker

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As a REALTOR(r) with extensive experience in the area
of Professional Standards here is my take on expireds.
If a property has been cancelled and or expired it is
fair game there is no MLS or COE violation. That is
providing it has not been relisted. You should make a
reasonable effort to determine if the property has
been relisted and if so, you should not be soliciting
an active listing. That also goes for listings that
are about to expire. The latter happens more than one
would think and it's referred to jumping a listing.
That is contacting the owner 1 day before the listing
expires. That is a no no.

Neal, wish I would take the time to explain in detail
as you do. If everyone followed your recommendation
on expired there would be no problem. Thanks for the
time you take in posting.

Glory Bee Costa ABR, CRS, GRI, E-PRO, SRES
410-745-3241-Home Office
410-310-9081-Cell
http://www.Maryland-WaterFront-Homes.com
E-Mail-Glory@GloryBeeCosta.com
Maryland Counties (Eastern Shore)
Talbot, Queen Anne, Caroline & Dorchester
Prudential Premier Properties - Easton, MD - Associate Broker

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