RealTown's RealTalk

We have had two agents in as many weeks tell our buyer agents when showing
houses, and this deliberately in front of our clients, that we had a lot of
nerve showing their listings on our websites... can you imagine? Here is
what transpired in both instances:
 

The clients arrived at the showing a few minutes before our agents. The
listing agent was there. They start recruiting our clients (according to our
clients, that is) saying that they are the agent with the listing, not our
agent, and intentionally try to confuse the client. Then when our agent
arrives, 10 minutes early for the appointment that she set up, the listing
agent says to her: "This is my listing. How come you are showing MY listings
on your Website?" with attitude, insinuating that our agent somehow had done
something wrong. Of course, we simply subscribe to IDX feeds for the MLS's
we are members of, and we display those listings allowed by us. Then the
listing agent says: "Well if you are showing my listings, it should include
my contact information, and the people using your website should be calling
me!"
 

We display the proper logo and broker info that we are supposed to.
 

The listing agents are obviously trying to take our buyer clients... as it
seems they have none.
 

I consider this behavior unethical... even if we have not yet signed a
buyers agreement... and in my view, it reflects more poorly on the listing
agent than on us, as it can be made to appear that the listing agent simply
has no idea what they are talking about... but pointing that out requires
our agent to be somewhat rude to the listing agent... I have no problem with
that, but some of our agents do...
 

How would you handle this sort of thing... it seems a much more common
approach in this market than in the market of a year or two ago...
 

Please let me know how you would address this sort of thing, on the spot, in
front of your buyer client, so as to shut down the listing agent attempt.
 

Looking forward to your responses.
 

Paul Silver, Esq.
Focus Professionals, Inc.
Serving Rhode Island, Massachusetts, New Jersey, Pennsylvania

I'm not an agent, but I can't resist responding to this one.  That is the silliest situation I've ever heard of.  If someone said  "This is my listing. How come you are showing MY listings
on your Website?"  I'd very quietly say,

Well, Joe, I'm sure you're aware that the IDX agreement our brokers signed means that both our companies have agreed to allow our listings to be shown on everyone's website.  And, in this particular situation, you are the listing agent, and you must work to protect the interests of the sellers.  So, it's only reasonable that Mr. and Mrs. MyClient would want to work with someone else like me, who is only representing them.  Do you know offhand what year this home was built?  or We'd really love to look around for a while...  or something that would move the conversation back to the purpose of everyone showing up at the house.

If the listing agent didn't take the hint, I'd just say, Mr. and Mrs. MyClient, why don't we start upstairs?  Then, I'd usher the clients out of the room.

Just my 2 cents.

Kathleen

Re: The listing agents are obviously trying to take our buyer clients... as it
seems they have none. ( So True!)
 

I dont have advice,,,, but I have a similar horror story to tell.

I had this happen to me last week...it was devastating. After spending weekend after weekend showing homes to my buyers ( we even had a rep agreement signed and still active) they happened to be driving through a neighborhood and stopped to see a house since the Realtor was there. The Realtor told them they need not work with me and that he could do the contract for them, Gulible as they were???they wrote the contract and called me to give me the "good news" !! They said they had no idea  how things worked since the realtor said he could also do the contract for them.

When I called the listing agent to explain that I was the buyers rep he said I was not present at the time the house was shown and when the contract was written and went on to tell me I was unethical. ..!!! When I asked him if he had asked the one question any ethical realtor would ask a buyer and that is:"Are you working with another realtor? " he slammed the phone down on me and even went on to say we could go to Trec to sort it out if I wished but he was not going to give me any commission.

It was totally absurd. Here I have a buyer's agreement signed and the listing agent walks away with the transaction after spending 10 minutes showing his listing. Does anyone have a word of advice for me. As this is extremely confusing. What good are our documents if agents can get away with this behaviour.

I would ask the realtor to come to the side and explain that I would call her later to discuss this and that your buyers would really like to see the property now.  If she continues, ask her to call her broker to get her information correctly and while she is doing that, tour the house with the buyers. I wouldn't discuss it in front of the buyers if at all possible.

I would have my manager call their manager to discuss this.  If no result comes from that, I would go to the board and file a complaint.  I would (if it went this far) ask my buyers to write an explanation of what happened.

Paul,

I think that your assumption may be correct: The listing agent has no buyer clients.

It is definitely interference. I guess in your area the listing agent is at the showings. We don't have that problem here. Many homes are vacant and listing agents are just delighted that they're going to be shown.

I'd inform the LA that he/she was interfering with my clients and as I would have had a BA that would be correct.

Then, I'd probably file an ethics complaint as this behavior doesn't follow the NAR rules and regulations. Certainly, the LA is not acting in a profession manner!

I think that generally buyers are smart enough to see this behavior for what it is:
An attempt to "steal" a client. I mean most clients realize that they can see any and perhaps all listings on the internet and it doesn't matter whose site it is.

"We have had two agents in as many weeks tell our
buyer agents when showing
houses, and this deliberately in front of our clients,
that we had a lot of
nerve showing their listings on our websites...."

In Texas dual agency is illegal. However that does
not mean you can not have both sides of the
transaction. It means you can only represent one side
and the other side must be aware of that.
In my opinion, a buyer that goes with a listing agent
to purchase a property is asking for trouble. That
buyer will not be represented.
I would not try to shut down the listing agent but
would try to educate the buyer.
Good luck

Gary Ytreeide,MBA,e-Pro,Realtor
CB Myers Gallagher
Ph: (361) 463-9641
Fax: (361) 727-2398
mailto:gary@theYteam.com
web site: http://www.theYteam.com

Call the "Y" Team
Building Trust One Client at a Time
Serving Rockport, Fulton, Aransas Pass & Ingleside.

[ . . . ( we even had a rep agreement signed and still active)  . . . The Realtor told them they need not work with me and that he could do the contract for them, Gulible as they were???they wrote the contract and called me to give me the "good news" !!

When I called the listing agent to explain  . . . . he was not going to give me any commission.

It was totally absurd. Here I have a buyer's agreement signed and the listing agent walks away with the transaction after spending 10 minutes showing his listing. Does anyone have a word of advice for me]

Yes!  The listing office may not owe you a commission despite your BBA -- but the buyers may, because of that same BBA.

Talk with your broker and your broker's attorney and find out what you need to do, and do it quickly. Sometimes when the buyer finds out they will be paying a commission, they will convince the listing broker to coop with you or at least pay you a referral fee if you'll accept that.  :) 

[They said they had no idea  how things worked since the realtor said he could also do the contract for them.]

When you got the BBA signed by the buyers, I trust you explained how it worked and that they will owe you your fee during that time period that the agreement was in force. regardless of who they purchase through.  Right?

Candice