We have a Code of Ethics for a reason. Here's one.

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We have a Code of Ethics for a reason. Here's one.

Don't make me sic TLW on ya!!!! Hi Nasty REALTOR(R),

My Seller, Ms Nice Lady, just forwarded me this email from you:

"I am not comfortable in working with a realtor that can't give me a code so that I can show a home. You should not be comfortable working with a realtor that can't offer anymore assistance than this. There are a LOT of buyers out there right now. You are missing out on a huge opportunity as a seller. Perhaps you might be interested in changing realtors. This obviously isn't working for you."

The showing instructions for Ms Nice Lady's unit are in the MLS. I'm not quite sure why you had difficulty getting the code since all you had to do was click on the "Request a Showing" button. Any way your email coming from a REALTOR(R) is very disheartening. Ms Nice Lady chose the level of service that she needed since she is a very experienced Seller and knows that I am only a phone call away if she needs me.

In the future, please refrain from these types of comments since it is a clear violation of our REALTOR(R) CoE.

Article 15

REALTORS® shall not knowingly or recklessly make false or misleading statements about competitors, their businesses, or their business practices. (Amended 1/92)

I take this stuff very serious. However, this time, I will let it slide. Please conduct yourself accordingly in the future.
END OF EMAIL

You know this is the first time I have EVER taken a Limited Service Listing. The Seller happens to be a friend of mine who has bought and sold numerous properties from me over the years. This email pissed her off as it did me. I know I would never send a Seller an email like this. Would you?

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Posted by Bryant Tutas Broker/REALTOR(R) Tutas Towne Realty, Inc on 05/04/2009 08:42 PM

Comments (218)

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218 Comments on We have a Code of Ethics for a reason. Here's one.

MAY

2009

Hun...

Where's my gun? :)

TLW...ROAR!

You're assuming that the person is a REALTOR and covered by the COE.

I wouldn't assume that.

Oh my goodness. Hopefully the author of that email was NOT a REALTOR - They didn't even use this trademarked term correctly (all caps). Look, you did it automatically, probably without giving it a thought... so did Lenn... so did I... Hmmm!

Wow!! That email NR sent was tacky with a capital "T"!! Glad your seller knows she is in good hands!

Lenn, You can't possibly think I would make that assumption. Of course I checked. I can even tell you how many active listing she has and how lond she's been licensed.

I have to agree with Lenn. Doesn't sound like a REALTOR at all. If it is, well that's another story. Takes all kinds.

Edit to say: posted this before I saw your last post. Unreal. REALTOR needs to lose license. Amazing she even has one.

Wow...shame on that Realtor® Shame shame shame...

Bryant,

You're being a "Nice guy, too!

I could have written your letter, but I'd have copied it to my local board, her broker and the state license authority. It's not likely this was the first of these letter or that it will be the last!

Code enforcement is everyone's responsibility! Forgive once, educate and remember! Had she harmed my client I'd demand her head the first time!

Bill

Hi BB~ Tsk Tsk on that Realtor. What a disgrace and bad representative of what a Realtor is supposed to be! Looks like they don't know anything about courtesy, let alone the COE!!

You could get her on interfering with a contract as well.

Bryant,

Did you put your seller's e-mail address in the MLS and do you use a showing service down there in FL and if not, why not?

I am surprised that a Realtor would behave like that. You know the saying "what goes around comes around". taking the high road is the best thing to do.

Shame on that agent. Not sure why you would let that fly. Seems like one of the easier COD violations and the prrof is right there.

Bryant,

When we are forced to work with or even have dealings with people such as the aforementioned "Nasty Realtor", it reflects badly on our profession, as a whole.

It is really unfortunate - sure, there are numerous Buyers out there but, at the end of the day, your responsibility is to the Seller & their wishes, so you no doubt did the absolute right thing!

Edith Schreiber - Dallas, Texas

In Oregon that would violate our laws. Forget the COE...I would gladly point MsNiceLady to the real estate board complaint form. They tend to take consumer complaints more seriously than agent to agent ones.

Hey..is that your pissed off face?? It is very convincing.. !

Bryant, keep TLW away from the guns, but feel free that let her take this Realtors car for a drive to her favorit lake :)

Oh for petesake! What a joke....um maybe he should also figure out that Realtor should be captialized (and I know it needs that registered trademark thingy but I don't know where to find it on my keyboard)

Hmmm...you meet all kinds of people in every business; some we would prefer not.

Bryant - I do think you should report this agent. I am done with being nice.

So what got her panties in a bunch?

BB - my thought was the same as Lenn's. But even so, a rather unprofessional email to send out...and now it's in writing!

Jeff

BB - This is a second story in two days of another agent/Realtor(R) stepping over their boundaries. Very clearly at that. And we recently had an incident where another agent called our seller directly saying we were not doing our job. The seller told the Realtor(R0 to beat it! LOL. ~Rita

I have worked in many different industries over the years and have found it always better not to bash an industry peer, former client or vendor. It's easy to sound trashy. It's better to be classy. That Realtor definitely doesn't know how to win friends and influence people.

Some people are clearly more desperate for business than you. It is a shame they have to send emails like this. Clearly you are taking the high road and that is something you should be proud of.

Unbelievable! And yet, I belive it happens a lot more than we would like to admit. Desperate times, desperate people? Or just plain ole "mean spririted" and careless enough to put it in writing? Either way, it's a shame. Obviously your relationship with the seller held a great deal of value, and when that's the case, nothing is going to turn a satisfied seller against you!

Wozzy......we can't contact sellers personally AT ALL.

I hate when agents do not read our showing instructions. It's the first thing I read when setting an appointment. I'll be in my car driving to my own appoinment and I'll get a call to set an appointment. I simply tell the agent to please read the showing instructions as I do not set my listing appointments (plus I'm driving).

What that agent did is bad enough for me not to let it slide. She needs to learn the rules.

thanks... sometimes I forget there is dishonor among us....

People who function like she did need the advanced class in ethics. The worst part of it is, they just don't get it. They think it's okay. That person needs a good pellet to the hind quarters, preferably served up by the local board.

And it was a she...hmmm....you were a whole lot nicer here than what I would have been in person...I hope you took the gun away from Billie...hahaha. All jokes aside, you did the right thing...and please don't tell us that she's here in the Rain....

BB: I think you should just let TLW get her gun and take care of this once and for all.(LOL) Sounds like this agent needs to be in another business, maybe one where ethics and professionalism are not REQUIRED.

Bryant, you were a gentleman not to bring her up before FREC. That is an over the top violation of CoE for Realtors®. Nothing subtle about it at all.

Lesson #1 - Never be surprised at what people will do (or not do)! Ethics? Some agents do not understand, forget, or just plain ignore! I'm sure there is a complaint form online just waiting to be used!

Mary

One more reason we need Ethics every 4 years & I for one, am glad it seemed like it actually got harder this quadrennium!

Keep up the faith!

WOW - you're way to forgiving in my opinion......

I'd have gone to the local association about that one. I mean you were nice and all... but she may need a notice that her behavior isn't acceptable.

OK then, I am rather stumped on that one. I would turn her/him in. Really, I don't even know what to say. Good luck with that.

Well, I could say something but I think it would not sit well with some people...

That agent probably doesn't care about ethics...unless perhaps the situation were reversed???

Hey BB...what is it they say aout locks??? They only keep honest people honest....well the same with the realtor's COE. It's a joke and the only realtors who follow it or even know about it are the ones who actually give a hoot about it. Most of the hacks in the biz couldn't even tell you how to find the COE.

Hi BB - I am constantly amazed at some of the things that "professionals" in oru business come up with. Her rant makes no sense, and is actionable. If you didn't report him or her to your Board of Realtors, I'd say you are doing him/her a big favor, but maybe it's not a favor to the other people she may treat like this.

That realtor is just looking for business. it is the one man shops that don't answer the phone on the weekend that I feel sorry for the sellers lost opportunities.

Guess I missed understanding what the not nice Realtor was so upset about -- she did not get a code? did she call for it? Regardless not right to send your seller a note. Our 2 cents.

Bryant,

Thanks for the post. It is disheartening to have these unethical experiences constantly reoccurring. Didn't we just have a December 2008 deadline for taking a NAR ethics course?

Desparate people do crazy things. I know there is a decent amount of back stabbing going on in today's market but this one pretty much takes the prize!

She should get her wrist slapped if not her rear kicked. Forward it to the board.

WOW, this is pretty bad! Unfortunately, in every business there is a few rotten apples....

I'd report her. She won't change her ways otherwise and could hurt another colleague because you didn't act.

Report her, that's my POV on the matter.

BB, Let TLW get her gun. One application of that and the loser agent will get the idea. In our MLS, which by the way is independently owned and not part of our Realtor association, the violation would be soliciting another agent's listing, usually a $2500 fine. I generally handle these with a face to face Realtor (me) to probably non realtor (them). We do not talk to the client on the other side of the transaction without the permission of the other agent.

List and Sell (and do it honorably) Gary @ RentonHomeFinder.com

Report her. She has no business doing this and she won't stop doing this until someone calls her on it. The best authority to do that - her local Board of Realtors.

During desperate times, people do desperate things. Unfortunately, I think a lot of people are under a lot of stress and when this happens, people do and say things they might otherwise not do - not that is an excuse.

Hi Bryant -- I am never surprised at what I see and I won't say that this shocks me either. It is very egregious imho. I have had fellow agents call my listings that I have relisted (and were out of the MLS for say, 10 minutes) and call them weeks (even months) later when the new listing is active, and the seller(s) are on the federal do not call list.

Takes some big nerve ....to be so bold and so flagrant...you are being nice.

Letting it slide is not the answer. If this agent is not reported to the board, how many other sellers will she approach in this way? Yes, we have a Code of Ethics for a reason. But what are we left with if we don't enforce it?

BB ....Please say it isn't so.. Does Nasty Realtor not realise what they have done... Ummm WoW...

Report the violation. We are a self policing when it comes to CoE.

Why have a Code in the first place if the person is not at least given some kind of warning.

What this REALtOR is unethical by any standards..

SHe's the reason people have a negative impression of our business. I don't think people like that care about the COE - Taking a refresher coarse won't change her.

Shame on NR, and nice of you to be so reasonable in response.

BB - Why did you decide to send her the e-mail instead of reporting her to your local board of REALTORS? Seems to me that she was not only speaking ill of another agent, she was also trying to take a signed client away. Did she ever respond to you?

OMG! I was a little slow on this one. I didn't immediately realize that another REALTOR® had sent that message to YOUR seller! Holy Crap! I would NOT let that slide! I would have filed a complaint with the Board or at the very least, I would have been calling that agent's Broker!

MAY

2009

I hope you didn't let it slide too far and at least contacted NR's broker! I think it actually breaks a few Codes; the one mentioned and the one pertaining to soliciting to someone under contract. (Forgive me for not knowing which Code that is off hand!)

I'm gonna give you the benefit of the doubt that you know it is another Realtor. And he/she IS nasty. What a skank. Why did you let it slide? The sooner we can get rid of real estate agents like this the better we will all be at improving our undeserved poor image.

I know times are rough but behavior such as this in any business is very disparaging! The agent is evidently a REALTOR® so should not be exempt from the Code Of Ethics. Unfortunately there are charlatans in all businesses. I could think of our esteemed government and name quite a few. But time seems to generally take care of things one way or the other.

But, I do believe that what goes around comes around. Unfortunately many people some how seem to lose their integrity and self pride along the road to living.

Sue

You are being way nicer than I would be! I think I would have sent the email on to the ethics board!

She appears to be directly soliciting your seller. Naughty naught...a big no no...go to your room!

Bryant... A clear solicitation to try to take the listing away from the current agent, this is so blatant I'm not sure I would "let it slide" out of principal alone.

Could be a Realtor that is no longer practicing . . . .just a thought

I keep reading "report her", "report her". Report her how, to whom???

Where and how can an agent that violates the NAR COE be "reported".

What's the "report" process?

To my knowledge, or at least in my Association offices, we don't have a "report" process. A member of the NAR must file a COMPLAINT with the appropriate Association of Realtors of which they are a member, citing the section of the COE the offending REALTOR has violated.

If there is a "report" process available to REALTORS in local associations, I'd be interested in knowing. In my area, if you wish a person investigated by the local BOR, a REALTOR member must file a complaint.

This person may be a REALTOR, but it appears that she's never read the Code of Ethics.

Another classic example of paying NAR dues and then walking out of the orientation and peeing all over the membership card.

LOL at Laura's comment, now where was I???

Please forgive me but I completely forgot what I was going to say when I saw that cool t-shirt...Any more available? Do you barter...say some Home made Texas Peach Preserves or strawberry jam?

Egad! Can I borrow TLW's gun?

Wow!!! Great comments. It seems like the consensus is to report her to the board.

Here are my thoughts on why I didn't.

First....I don't have time. It's not as easy as just picking up the phone and reporting her. It involves filing a complaint and then going through the process. This can be very time consuming.

Secondly....I'm not in the business of code enforcement. I truly feel my email to her will get her to rethink her actions and maybe keep her from acting like this again.

I have not heard back from her. If I don;t by the end of business today i MAY send a link to this thread to her and her Broker. I haven't decided yet.

I'm a very busy man and need to keep all of my focus on things that will make me money. Reporting her won't make me money.

OK that's it for now.

Bryant - My jaw just dropped to the floor. The "Realtor(R)" who did this should seriously think about a different career...something that involves NO human contact! Unbelievable. Laraine

How sad.

Bill

Lenn and Bryant,

You are both right, in the process. You file a complaint and the violation.

Then you wait, while they anwer the complaint.

Then you come in and sit before grievance, then if they agree it was a violation of COE, it goes to Professional Standards.

Then their is a hearing and a board of your peers desides the final outcome and if a letter of warning will be in their file, or a fine.

Unfortuantley the system is cumbursome and time consuming to see an agent get a slap on the wrist or a letter in their file.

Big deal..

I have had a documented ethics violaiton ready to go for months, but not sure I will submit it because I do don't want the hassle or time contraints.

Having set on Grievance meetings and Professional standards hearings many time the decision is split. I'm sure not in this case their is anything to be split , but only BB can determine if the time involved his worth His time.

BB, You let it slide but how about a cc email to the broker. We are are guilty of encouraging this behavior because we are too busy. There should be an easier way of reporting these violatiions.

I have a situation that makes this agent look like " Ms Sweetness" . I will share after the transaciton is over.

I'm with Lenn. REPORT HER does good only if there's a willingness to step up to the plate and file a complaint. Who to report to?

I'd start with her BROKER, but around here it depends on who the broker is whether or not that agent will be reprimanded.

Then you could go to her Board of Realtors. There is a process to file COE ethics violations. How many do it?

I see things all the time, and agents complain about violations, and NOBODY FILES ANYTHING.

In Massachusetts, when an individual alleges that a licensee violated standards of professional conduct, he or she has a right to file an application for complaint with the Division of Professional Licensure. Do you have a similar administrative body in Florida? Only when the Division determines that it has probable cause to investigate a matter will an application for a complaint result in an investigation. I agree you should file a complaint. Even if the administrative body denies your application due to lack of probable cause, you have created a paper trail that sticks with her whenever her license application is reviewed for renewal.

Guys...

I agree with BB and Missy. The entire Grievance process is time consuming. I've sat on these boards and most of the time we'd only meet once a month. It takes months to have an issue like this one resolved. Hopefully, the email will be sent to her Broker. That may be exactly what needs to be done.

For those of you who don't know us very well, we ASSUME nothing. We understand assumptions are deadly. BB checked her out and she IS a REALTOR (R). We certainly would not have sent an email to her if she wasn't. We're not stupid :)

TLW...ROAR!

Cool...

Mortgage George has given me permission to drive her car into one of lakes :)

TLW...ROAR!

BB,

I am glad that the seller was a friend and didn't start to second guess you.

The other agent could not be bothered with anything that required effort on their

part.

Forget the Real Estate COE - more importantly where can I get one of the TLW Fan Club T-shirts ?

How about Realtors who try to recruit your assistant when you are in Houston getting cancer treatment? Limbo lower now, how low can you go? To use The Beatles to paraphrase TLW, Happiness is a warm gun, Bang Bang, Shoot Shoot. FYI, I don't own any guns but as a metaphor it works. I'm with Ted about the tee shirt. My Republicans for Voldemort tee is worn out.

BB ,

Gota go against you on this one.

Time consuming or not. There is allways enough time for us to police ourselves for the betterment of the community.

It is this type of action that feeds upon itself and grows into an urban legend bringing us all down in the eyes of the public.

You owe it to all of us to take action!

What if the real estate agent is not a Realtor? Unfortunately the code of ethics would not be applicable in this situation. However, she still should not have done it.

Okay Guys...

Here's a link to The TLW Fan Club site.

And just so you know I don't receive any monetary payment from Cafe Press. It's a long story :)

Hubba (Jeff Turner) set up the site. He is also the one that designed the logo and added the boxer shorts :)

TLW...ROAR!

If you have hate in your heart let it out!

BB - I wonder if some Realtors have even taken the time to read the COE....what nerve. I do hope you will take this up with your local association.

Alrighty then...

I have a story and a question for all of you.

When I first got into this business, 15 years ago and before I had a clue, I decided to do a little creative marketing. I sent solicitations to the active listings of one of our competitors. The Broker from our competitors company called my Broker (Bryant Tutas) and ratted me out. My Broker was in my face for violating the COE. Needless to say, I never did that again :)

Now my question is, how many of you have actually ever filed a COE complaint?

P.S. And just so you know I sat on boards with the Broker I did that to. She was forgiving and understood I was a Rookie. It goes to show you sometimes all it takes is to report this type of stuff to the Broker of record.

TLW...ROAR!

Oh...

One more thing. If we as an industry go around filing complaints against each other, who's gonna sell those houses? :)

It just seems that sometimes it's best to try to work through these matters on our own. We are all grown ups, right? :)

TLW...ROAR!

I have NEVER heard of a COE ethics complaint being filed in my region. Now I don't sit on that board or committee, so I am sure it has happened. But I know it's a rare thing.

That other broker was kind and understood you didn't do it on purpose! That's the way we all should be. Give someon a chance to explain before you fly off the handle.

Sometimes you do or say something that does not mean to offend, but it does. If the person apologizes and is repentant, you should put it aside.

What this agent did, was cruel and unnecessary.

I have to agree with TLW... now we all know why she has so many fans :)

hey BB, re "I take this stuff very serious. However, this time, I will let it slide"... My cousin Guido works cheap if you need your problem fixed. ;-) Just kidding (sort of).

FYI, I love your pic, you look like the poster child for "Unhappy Campers"...

P.S. hi Billie! ;-)

BB - I wonder how many Realtors (r) receive emails, such as yours, when engaged in a Limited Service Listing? Filing a formal complaint takes time as you've already expressed. Sending a letter to her principal broker is more in line.

Hhhmmmm, We have REALTOR's that do this kind of thing along with other violations all the time. Unfortunately, as a group, we allow them them to continue because of the time and hassle of filing a complaint. On the other hand, those that have gotten their wrists slapped will tell you that it's worth it. A small fine or mark on their file is nothing compared to the business and income they have generated from being "naughty".

Question... Is there really a solution to this problem?

Hi BB...I sit on the Grievance Committee for my association and have for years. It is a fairly speedy process. We have had COE complaints from fellow REALTORS(R) and from the public. I have even been party to a grievance complaint (not the target, thank goodness).

If we don't monitor ourselves who is going to monitor us? The minute someone else did we would all be up in arms.

Kate

I'm a real estate broker, years ago I belonged to a board and was a Realtor, it turned into a big mess and our local board actually disbanned. I am no longer a Realtor, but I AM in fact a person who has very good business ethics and moral standards for myself and EVERY agent who works for me. I would have NEVER sent such a letter. And BB, I would at the very least send a copy of the emails to her broker. He may not know what NR has done and might very well appreciate you letting him know.

I would never I repeat never put my seller's e-mail address or phone number on the MLS. That is just inviting trouble.

"I take this stuff very serious. However, this time, I will let it slide. Please conduct yourself accordingly in the future."

You do realize that you are contradicting yourself all within the space of two sentences.

One thing that the code of ethics does not include, is a toleration clause. However, a toleration clause would essentially obligate you to report any known violation of the code; otherwise, you are essentially complicit in the ethics violation. Harsh, right? Yes, it's too much.

However, if you do take "this stuff" seriously, you might not want to let it slide, ever.

$.02

That note should be sent to her Realtor and to the grievance committee of the board. Your too kind!

There are a whole bunch of people that are Realtors and believe that the code of ethics is simply something that makes a nice read before bedtime but otherwise means nothing. That's just the way it is. There is little no teeth if you do violate the COE.

Lissa...

The only REAL solution is to speed up the complaint process. Unfortunately, that will not happen anytime soon. There's too much money being made in the form of DUES :)

It's been our experience that contacting the Broker of record works quite well. We've done that many times in the past and were happy with the results. Brokers do not like it when one of their salespeople pisses off another Broker :)

TLW...ROAR!

Ok interesting comments.

I want to make sure everyone understands that I DID take action. I just chose to give her another chance. I have done this many times in the past and it has always made the offender stop and think about what happened. Most have corrected the way they conduct their business.

I received this email earlier today from the REALTOR(R):

You are absolutely right. This is not how I normally conduct business and I sincerely regret my inappropriate response. Please accept my sincerest apologies

Maybe I'm wrong but that sounds like a pretty sincere apology to me. What do you think?

Yes, sincere apology. I think you took the high road, even if you could have gone further. Grace and Mercy are still important.

I think you did the right thing. How many times does out gut say not to do something, but we just blurt it out anyway and apologize later. We are a Realtor community that can be like a family. Sometimes my sister drives me crazy, but it is up to me to tell her what is bothering me and see if we can work it out. I also think that the way you handled it in a reasoned manner got you a raving fan in the long run. Better to rave about you than at you.

BB, the most difficult thing to conjure up is how on earth this person actually made the decision to contact your seller- how on earth did that even enter the mind?. Incomprehensible, but glad it worked out.

Laurie...

First of all, You look marvelous dahling :)

Secondly, perhaps the decision was based on the fact that it's a limited service listing.

The one thing I know for sure, the way forward is NOT always to file a complaint :)

TLW...ROAR!

I'd accept the apology. The agent must have been totally perturbed to write the letter she did, though. Something set her off.

I hope the real estate agent reads this post...wow!

TLW-I agree with you regarding filing a complaint. Here we have to pay $500 first to file a complaint... Last year a broker did not pay the full commission owed, and would not communicate. I went to file a complaint, and the organization I contacted didn't even know where the paperwork was to give me. ---- Life is interesting!

Sounds like she may have eventually even wanted to get the listing- could it be sign crossing??? Either way, it was uncalled for.

Bryant,

If you ever figure out why Realtors have a problem getting showing instructions that are EASILY available to them, please let me be the first one to know.

I also use Request a Showing link and I use it well. I provide detailed information that about the showings and/or the listing (if I need more space than then Broker Remarks allow).

The bad attitude was just not warranted and could have been avoided if she only read the instructions. Good apology, maybe she will not repeat thatnext time.

Help lots of people and have a great day!!!

Patty Da Silva, CDPE©, RESS®, AHWD®, e-PRO®

CERTIFIED DISTRESSED PROPERTY EXPERT© and Real Estate Short Sale Specialist®
BROKER Associate REALTOR® & Licensed Mortgage Broker - Senior Financial Advisor

Visit http://www.pattydasilva.com for SouthEast Florida's best properties.

This guy goes along with the lady who wrote about the turkey client. Both should be shot! I'm with Lenn as well. Not so sure it's really an agent. How does one know? For sure without an MLS lockbox.

I use a SHowing Service. This is listed prominently in our MLS and Agent Remarks. It says to CALL or LOG IN to the website to arrange a showing. It's so easy!

Yet I regularly get phone calls from annoyed agents who want to set up showings and don't know how. Or don't read the MLS sheet.

Well now BB you have certainly received a lot of comments on this post. After reading your post and all the comments, I personnaly would have done the same. Send an email and wait for a response. And, of course, accept the apology...it was sincere and apologetic. Whew, that was a lot of comments to read...I must move on now to other posts.

Bryant,

I am a bit surprised. It is absolutely up to you whether to take action (which you did, in your own way) or not to take action. You are not obligated to police or self police. It may be your right, but not an obligation, and somehow many people think that it is your obligation, because they do not like this. At the same time when members are screaming "Report her", I have serious doubt that they themselves would take that action, as Lenn is right, there is no reporting.

I can understand that we flare, but then rarely go after the offenders, as their is only certain number of hours, and choosing to pursue this would mean dropping something else, and it is your choice.

I think your decision to move on is a valid decision, whether the rest of us agree or disagree.

My response to her:

You know after serious thought I have to agree and I apologize. Actually I want to thank you. Without mediocrity and sloppy work I wouldn't be as successful as I am today. Thanks again

Ok really I wouldn't say that but it felt good writing it!

Oh my goodness. I think the bottom line here is that many real estate professionals are very stressed right now...and on a lot of people, stress just is not attractive. You handled the situation is a very concise and professional manner and I commend you.

Bryant:

You did the 100% right thing by emailing her and by the sound of her apology, she knows she screwed up. Maybe she was having a bad day. We all have had those, right. Judge not lest ye be judged, or something like that. Jumping right in and filing a complaint is the pansy way out. There are exceptions. Like if this is someone who has made ethics violations in the past or someone you know to be down right mean and nasty and those are the ones you go and file the complaint.

I applaud you for the professional way you handled that and who knows, you might have made her really stop and think about how she handled this and it may never happen again but if it does, you can look at yourself knowing you gave her a chance and you only get one of those.

Did you send her this link? ;)

It always amazes me when we as Realtors have to deal with other agents that throw the word Realtor around flippantly. I am so glad that NAR now requires all Realtors to take the ethics training every 4 years. Obviously this particular agent has never taken the ethics course nor follows it either.

You did what your gut told you to do, depsite the fact that the rest of us would like to have his/her name, license and neck :). Unfortunately that agent will probably continue the same practice until somebody stops them....

I know how irritating this kind of situation is. I actually am dealing with an "agent"??? who is calling my listings and trying to steal them away. She is NOT a realtor but has a license from the Dept of Housing to sell manufactured homes in the park where I do a lot of business. I can't report her to MLS because she is not a member. She doesn't follow our ethics. I don't know what to do because she has no boundaries and is becoming bolder and bolder. Don't you just love this business .... I do or I wouldn't be here. Always a challenge. Happy Trails

I think you couldn't have handled it better. Just by the size of the feed back you're sure to have inspired other Agents to stay between the lines and not stray. As far as the offending Agent, this was probably a mistake that will never happen again.

I'm kind of amazed that so many think that kind of behavior is above a REALTOR. Let's face it, Realtors are people too, and as such, they are flawed.

I'm also somewhat surprised at all the calls for filing a formal complaint. There are other ways to correct behavior, as BB was apparently successful in doing so in this case.

Was it wrong? Of course. Shocking? Not in the least.

Personally, I don't need the NAR or an ethics class every four years to teach me how to behave and how to act. My parents taught me all that many many years ago.

All that said, I have one more comment.

Nice shirt. ;)

Bryant- I am glad that you checked first if she was a member of NAR or not before you wrote the post. I read so many posts about how someone was unethical yet with no evidence they are bound by the NAR ethics.

Tell Ms Nasty to get the heck out of your biz. We do this all the time, lock box on vacant houses, that is the norm here. THat is full service and the the showing button on the mls is more than enough. They can always call us to ask us questions and we do so happily but I won't get over there to open a vacant house for another agent. Katerina

Well, to TLW, I pulled something naive and stupid when I first got in to the business. I didn't realize Help-U-Sell was an honest to god Brokerage. I truly thought it was a service to assist FSBOs. Well, I was coming off the high of my first contract ever (I had the buyer) and saw a Help U Sell sign pop up in my neighborhood on the way home. I was so stoked from the contract, I decided that I would take my first listing to boot! I arrived at the home and was greeted at the front door by a tenant. To make the story short, I left my card for her to have the seller contact me. Got a pissed off e-mail from the true REALTOR representing that seller. It was written exactly the same as BB wrote his letter, and I was honestly not trying to solicit another REALTOR's listing and PROFUSELY apologized. I told her I was extremely embarrased and explained the situation. She accepted my apology and I learned a valuable lesson! But I really did not mean any harm and appreciate her not reporting me for COE for an honest to God mistake!

This is why we need to up the barriers of entry into this business, get rid of the part timers and set the bar high. It is WAY to easy to get a real estate license in most states.

Right from childhood days, I believe, each one of us is taught to be honest, considerate, generous, giving, helpful and other "nice" things. And, most of us grow up like this minus a few qualities. I sometimes wonder as to why the Code of Ethics were developed then? Of course, they were meant for the ones who did not agree to abide by the teachings. So what do you expect from them? Follow the Code??!! Not a chance.

And what are our Boards doing? They want us to police the profession by "ratting" the ones who aren't following the rules. Now, if I did not have any clients, I might become "successfull" in driving the bad apples out of business. But, that doesn't come free and easy. Why don't the boards take actions against the defaulters "suo-moto" when the rules are blatantly violated? I see that happening almost daily in advertisments, on MLS(R) listings, on stationary etc. I would like to see the boards acting on current by-laws and violations before they enact a few more do's and dont's!

I think if agents were policed more by their principal Brokers or managers, there would be fewer such instances.

In addition to the forward to the agent, I'd have CC'd the broker with same, asking what they intend to do about the agent's behavior.

Even if you don't have the time or desire to deal with the 'grief factor' of a formal complaint, it might be strategic to let the Broker think you might . . . with the possible result of them beating you to the punch and handling their problem. (evil laugh)

Candice The Sinister ;)

I am no longer letting ethics violations slide. I have a hearing against a guy next week for violation of two codes. You shouldn't let this agent slide either...looks like she is in violation of your agency relationship as well.

You did the right thing - you took the high road. This is not the sort of behavior that is acceptable of a Realtor(R) - I think "Nasty Realtor(R)" will think twice before contacting another agent's seller again!

PS: We had a rogue agent in our Association a few years back. After many, many demonstrations of bad behavior and a complete unwilliingness to play by the rules, a group of agents at the firm converged on the Broker and basically said, "She goes or we ALL go. NOW."

Broker made a business decision. :)

Agent is no longer actively licensed.

Turn the wench in to her Broker - why in the heck do you think she has so many listings? Her practice is to do exactly what she tried to do with you but you knew better and told her so.

She won't stop.

Had YOU been an out of state company offering limited service, you would have lost this listing to her.

And all of you on here getting your state laws confused with the COE - tsk - tsk. Your REC doesn't care a hoot about the Code. Call them and ask.

ONLY your local board can enforce the Code - and should do it whenever possible. If they don't get it right, appeal to the state Association, and then on to NAR.

Very nicely handled. Isn't there a saying that goes "you're either part of the solution or part of the problem"? Love the frown picture!!

Sounds like solicitation of a listing, which is a fineable offense in our MLS, regardless if you are a REALTOR or not.

I know reporting her is time consuming, but on the other hand, it is things like this that give us a bad name. Maybe we overlook too much. There are some agents who get away with this and more.

Unfortunately, many Brokers don't care what agents do if they are producing numbers.

Real Estate Boards and Commissions and local associations don't have easy systems to report violations or ethics issues. If they did, the chronic offenders would certainly stand out...and maybe something could be done about them.

An out and out violation and you should send her this link. It is somewhat solicitation-like in that she attempts to discredit you. Not good.

MAY

2009

Stop being such a nice guy and file a complaint. You're actually doing yourself, other agents, and the consumer a disservice by allowing that behavior to go unchecked. I can understand when a new agent makes a mistake and is willing to learn...help them out, or talk to the broker instead of filing a complaint, but this sounds much worse than an innocent mistake.

Not to rain on everyone's parade but choosing to be or not be a REALTOR does not automatically determine if you conduct business with ethics.

I have personally chosen not to be a REALTOR and I have an exceptional relationships and reputation with both peers and clients.

Just please keep that in mind when you make your comments.

Thanks!

Yes, if this is indeed a Realtor it is very concerning. Great response.....

Unfortunately the described behavior is not unusual. Over the years, hundreds of real estate licensees (most of him were REALTORS (r)) have done this type of thing to our sellers. It is sickening, but there also is some good news:

1. Almost without fail, brokers have taken corrective action when alerted to the bad deeds of their agents.

2. NAR put out an excellent Antitrust in Real Estate video that is available through many MLSs and REALTOR(R) associations.

3. The state of Washington has added related training to the Core Curriculum that is mandatory for license renewal.

4. Consumers are getting more educated and are less likely to accept the advice of offensive agents.

In an increasingly competitive marketplace, agents like the one who abused your seller are not likely to survive.

I have taught a Code of Ethics class in Nevada for many years and have heard and read just about every bad story there is. It's unfortunate that people behave like this. I believe that the COE plays an important role in what makes up a true professional and how the public views us. I commend you for sharing your experience. No one can tell you what you should or shouldn't do, but when something like this happens I feel that it's our responsibility to call these people on their actions. Doing nothing is only rewarding bad behavior.

Interesting situation. This does not really happen in my area. So I have been sitting here thinking about how this came up...

Lenn,

Great explanation!!!

TLW,

Several thoughts:

1) Way to "Stand By Your Man!".

2) Were you ever a "Rookie"?

3) Forgiveness is a wonderful thing! :)

BB,

My first reaction in reading this was to recommend that you file a complaint. As a current member of the Grievance Committee and the Professional Standards Committee of our Board, it is difficult to hear people complaining about another REALTOR® who is recklessly violating our COE when they are unwilling to take the time to file a complaint that will do something about it. The purpose of this process is to Protect the Public. No one's Client should be subjected to such negative complaining and blatant solicitation!

Fortunately, I've never had to deal with a violation that is as obvious as this one. There is no question in my mind that this REALTOR® would have received disciplinary action for sending that email.

At the end of the day, the result should be a lesson for the offending REALTOR® and the assurance that the Public is Protected. From the sound of her response to you, you have accomplished both of those goals.

I applaud you for the quickness in getting this resolved. It takes a BIG MAN to walk away from a fight!

Lucky :)

Well we now know that the Osmonds were wrong. "One Bad Apple" does spoil the whole bunch. All Agents & Realtors are judged by the actions of a few; Good & Bad. These are tough times for our Industry and its members. However, the Code is our road map, our GPS. Follow it and in the long run you will be successful and respected.

Matt McDonald, GRI, CSP

Broker Associate

Orlando Regional Realtors Association

Code of Ethics Instructor

People like her just perpetuate the public's view that REALTORS are untrustworthy. Shame, shame, shame.

Barb Mihalik

REALTOR

Coldwell Banker Sea Coast Realty

Wilmington, NC

I beleive this agent should be reported. People like this give our profession a bad name and now is a perfect time to police our industry and clean up our image by sending people like this back where she/he was before they became a Realtor.

I find from experience that many agents focus on the dollars and will say most anything under current financial stresses and recent experience really confirmed this.

The COE should be a low water mark we hold ourselves to, not a high water mark we occansionally hit.

I agree with many who say this agent should be reported. Our profession has enough of a perception problem as it is.

Thanks for sharing!

-Tre

shows how desperate some agents are these days don't you think? Did TLW find her gun?

You are better than me after reading the first two sentences, I would have deleted the email.

You are way too cool. This Realtor need to be told, by her broker!

Oh for the love.....Good on ya Bryant for being the better man....personally I probably would have filed a complaint....although I must admit....anytime I have attemtpted to clean up my backyard in Florida...FREC really has not been much help...ugh!!!

Good Morning, BB...

WHAT A POST!!! I have tried to read all the comments. Many indeed!

The email is a nice, gentlemanly touch and possibly got the point across, but having said that, I feel that low-tech might have underscored your position. I'm thinkin' a printed copy of the email you received with a rejection similar to the "red-neck counter offer" you posted earlier, attached to your own letter. The cost of paper, ink, postage and of course the 20gauge shell...close to priceless.

It is a shame that we even need a code of ethics, and that being a REALTOR (R) to some is only for marketing purposes. Keep on trucking...

We had the same thing happen here in Pasco. Hillsborough County has a link and then it gives you a code however, we are in Pasco and it didn't work with our MLS system. Next idea, pick up the telephone and call. Yes, the Realtor did get irritated w/me until I explained I am in Pasco County and the 2 MLS systems do not jive.

Bryant, the only thing I can tell you about all that is that there are realtors and there are REALTORS.

Definetely , you are a REALTOR.

I highly agree that agent should be reported to the Grievance Commitee of your local Board.

You do not make your rights valuable till you do not make use of them.

We REALTORS have to put the bullies away.

We live in a Country of Laws and regulations.

GOD bless America !!!!

I agree with Bill Archambault, report this person for a violation of the code of ethics.

Heads Up Guys and Gals

I understand there's a ton of comments to read on this post. If you don't have time to read them all, please take a moment to read the comments Bryant and I have made so far. I think it will help give some of you a bit more clarity. I'll be back later to respond to a few things I feel need to be addressed.

TLW...ROAR!

Unfortunately, our COE training does not implant character and if character is what is lacking in this agent, more training will not do any good. Perhaps the board should explain it to he or she in language that can be understood, such as "that is a major violation" and place whatever restrictions her board and the state licensing board requires. You let her off way too easy. In Greenville, SC most agents use one of 2-3 appointment centers who have showing instructions and/or codes if necessary.

I do agree 1M % with Daren Krause

There will always be people who will try to elevate themselves by insulting others ... of course they just look stupid. Why don't you just publish the e-mail with the AGENT'S INFO ... then we can all respond kindly and let her know that decent people do not conduct their business in this manner.

this is the reason we should have ethics every year instead of every four

Wait a second ... reading through this blog, I find out that TLW at one time focused her marketing on the active listings of other agents ... didn't know it was unethical until the Broker spoke up? Huh? Where was the moral compass then?

It is a shame you let it go. There are too many realtors that give us a bad reputation. We should report the ones that do and require them to double up their ethics education.

Gosh Bryant. How the heck did she get your client's email address, anyway?

I agree with some of the replies posted. We need to take an active role in raising the profession to one that can garner respect from the public at large. It would be a shame to allow this market to create bad behavior to such an extent that some regulatory body enters the picture to straighten things out.

I have learned while being on our MLS committee and grievance panel that some folks aren't intentionally doing things wrong - they just aren't paying attention to the rules. For those who continue to act in an unsavorary manner, then we need to help each other by holding them accountable.

Question, I went to the TLW Fan Club site and I thought about buying my girlfriend the classic thong. Does this constitute a proposal of marriage?

This crap happens all the time and when we report it, there are no consequences to the perpetrator. The time and expense to bring an ethics violation down on someone end up penalizing the victim more than the perpetrator, and the perps know it. So they continue and every couple of years they really piss someone off and get to sit in an ethics classand pay a couple hundred bucks having stolen thousands in commissions. The local REALTOR boards do not run any potential dues payers off regardless of the offense.

Bryant,

The COE has value only if complaints are filed when a member violates the Code. Otherwise, there is no value, and the code becomes a worthless collectionm of platitudes.

Yes, it is a time consuming pain to file and pursue a complaint. I submit that the only way to change that condition is to demand changes to the process. After all is said and done, the NAR and it's sub trade groups are in fact controlled by us, the members.

I think you have every reason to file a grievance with your Board of Realtors. This sort of nonsense is uncalled for and is completely unprofessional. Even if you plan on "letting it slide", I'd still notify her broker so that he/she is aware of the liability that this agent is creating for them. As for entry only listings, we just stay away from them. There is too much that can go wrong if a FSBO seller violates the federal and State fair housing laws or for you to be able to hide behind a "limited services" claim if there are material defects not disclosed by either you or the sellers.

Give TLW her shotgun and let her loose! Who needs a code of ethics when you've got buckshot. It's a shame that realtors like this are still around. Glad your seller showed you the unprofessional email. It's too bad that in order to get the other agent censured/fined or whatever, it is too much trouble and too time consuming for you. NAR or your Board makes agents just say 'I've got to sell something rather than mess with this'. Bad behavior continues because of it.

Ethics, what part of the Code do people not believe? It is disheartening isn't it?

Why would you want to let it slide this time? If she did this to you, you can bet she's done it to others. You have the advantage of knowing this seller very well, and this seller will likely be willing to provide a statement or testify before a panel. Get her where it hurts! That's the only way to stop people like this.

I think you handled it very well. No need to involve the board if we can work things out amongst ourselves. We're presumably all grownups here...

Nancy...

Like I said, it was fifteen years ago and before I had a clue what I was doing. For me it was creative marketing and I apologized. Perhaps, you misread my comment. I did not say that I focused my marketing on active listings. I did it once and it was a mistake. We ALL make mistakes. When we stop forgiving others for making mistakes we would live in an overly hostile world. Don't you agree? :)

TLW...ROAR!

Joe...

I don't think so. But I'm sure it constitutes something else. I'd be real careful if I were you :)

TLW...ROAR!

Look at TLW looking all sexy up there!

Go get em' BB! People are INSANE ~ She has no idea of your relationship with the seller... OUR MLS makes is SO SIMPLE with that request showing button, I use it on all of my listings and LOVE to use it at every opportunity as a buyers agent... it makes scheduling a breeze!

Old school Realtors need to change with the times... or die! (From the book).

Katrina Madewell

TAMPA, FL

BB,

Do the rest of us a favor and report this clown!!! This practice is just going to continue and get even worse if we allow it to keep happening. If we are not going to police and report violators then we might as well not have a code in the first place. Just My Thoughts!

I am sorry but do you really think a dirty agent is going to change their ways because you busted them on it? Until we take a stand and drive the unethical from our ranks, this behavior will not just continue but get worse. And all our reputations will get worse and worse in the eyes of the public.

I think you handled it well. You received the response you wanted. The realtor recognized what they did was not right, apologized and now it is time for all to move on.

Its amazing how many agents just blatently disregard the rules. Just in the past few days, I've seen a number of blind ads, agents with verbage in their remarks that could easily be considered discrimination, REALTORS soliciting the clients of other REALTORS, misleading ads, etc. So as a responsible agent, should I turn them in? I have not because I don't want to be the tattle tale, and nobody needs any enemies, especially in a cooperative business, but its ridiculous. We all have to go by a set of rules. Our states Association publishes the agents who have had disciplinary action taken against them each month. I'm just waiting to see some of the people I know in that section. If someone solicits business from my client, like this agent did to yours, I don't think I'd let it slide.

What about dispariging comments about home inspectors. Here are some of the e-mailed comments that buyer's agents have sent clients about me:

"The inspector you chose was way too picky. He mentioned problems that are not real. I have checked with the local code authorities and they assured me that GFCIs are not required in older homes."

This agent failed to realize that, in Illinois, state licensed home inspectors are required to call out defects based upon current national standards and best industry practices, not the local codes (which are, usually, 6 - 10 years behind the current national standards. Besides, adding GFCI protection to older houses is inexpensive and easy and will greatly increase the client's safety.

"I can't believe that you hired an inspector that I did not refer to you. I know the inspectors that I refer and they work hard to make sure that there are no problems."

Gee, lady, I am sure that you have some trained and beholding to you lap dog inspectors that you refer, but the reason the client hired me is because I work for her, not you.

And, I just LOVE this one.

"In my experience, once you move into the house, you can wait a month or two and then call back Mr. Decker and tell him that you found some big problem and that you expect him to pay for fixing it. He will then just refund the inspection fee. Works every time."

This one was good. The clients were friends of friends and they agreed to do a deposition for me. I then filed it with the state and this agent (who was also a Broker) lost her license.

I work very hard to be good at what I do and to fulfill the legal, fiduciary resonsibility that I have to my clients. Please, understand, I work with many very good, honest and ethical agents, but as in any industry, it only takes a few bad apples to spoil the whole basket.

Hope this helps;

No I would not ever send out something like that but I have a strong "inkling" that others are doing it behind my back.

Bryant: You were too charitable. You should have filed an ethics violation on her, otherwise she'll keep on doing that to other REALTORs. If we don't spek up that type of unethical behavior will only continue.

I have not seen the answer to the question asked by one comment: how in the world did that agent get your seller's e-mail address?

Hey Bryant,

It's hard to take the fierce facial expression seriously when you're wearing a shirt to a club we all love! I didn't know whether to shudder or smile.

How did the other Realtor get you seller's email address? Something is not right here. Perhaps your seller ask the realtor to list her home or what not? LMKYT

Holy mackeral!!!! Quite the comment thread here.

Will Decker....those emails are incredible!!!!

Ok I have to say I'm surprised at how many of you would throw this REALTOR(R) under the bus for this offense without first taking the matter into your own hands. In my opinion my response was far better than filing an ethics complaint. Here's why:

She admitted her error in judgement and I have no doubt that she is being sincere.
I was able to use this issue as a training article that has thus far been read (clicks) by almost 2500 people. I have to believe that I have prevented a few of these readers from doing the same thing.

ALL of us have made mistakes. We needn't be so quick to bring the "authorities" in when we can handle things on our own.

For those that asked...... my sellers contact info is in the listing. It's a "limited service" listing. I believe my seller emailed the REALTOR(R) first. They had several emails back and forth this is just the one paragraph that I picked out. I also think it may be a case of the agent being confused about the property. Her email actually referenced a different address.

OK that's it for now.

Judy Orr

You don't set your listing appointments? What do you do sit around all day blogging and rideing in your car? If you have time to blog and ride around then you can set your listing appointments. I have been in this bussiness for along time. I have assistants but I set appointments when I need to. I'll name you to BIG FOR YOUR OWN GOOD.

Limited Service? Hmmmm...... She contacted the other agent first? Hmmmmm... I don't think you have a case here my friend. Limited case maybe, but you provided the inital contact information. She may well need a Full Service Brokrage. I never and I say never do limited service. Its all or none with me.

Well then Bryant, you have no one to blame but your self for this problem.

OMG Will Decker...

Until I read those emails, I thought I knew a few things about the Home Inspection process :)

TLW...ROAR!

Are some of you implying that just because this was a "limited service listing" that her actions were Ok? That's very interesting. How about show me that clause in the CoE.

Judy Orr, This is a vacant property with showing instructions in the MLS. There really was no action required on my party. I have no clue what the rest of your comment means.

Ross, I'm not blaming anyone nor do I have a problem. I'm pointing out facts. You can draw your own conclusions.

Bryant,

My conclusion is that you should not bitch about the actions of an agent that you provided the means for this agent to cause this ruckus. It is further my conlcusion that you caused this, for lack of a better word, problem. Now you want to place all the blame on this other agent when you in fact had the power, for lack of a better word, to avert this situation.

Ross, Did you even read the post and my subsequent comments? I do not bitch. I pointed out a clear ethical violation to help my peers be conscious of their actions. And again I am not blaming anyone. The only one who was upset in any of this was my seller. How did I cause this problem? By taking a limited service listing? I truly don't understand your point.

Bryant,

My point is you placed your seller's contact information in the MLS. So if you do not want agents talking to your seller, which I do not ever want, then do not put their contact info in the MLS.

Ross, OK I get it. I actually have no problem with a REALTOR(R) talking to my sellers. My sellers are very loyal. I have listed and sold hundreds of homes and this is my ONLY limited service listing ever. The seller is a freind of mine. Her telephone number is in the listing as the contact since she is handling her own negotiations. She has bought and sold 10 properties with me and is quite capable of handling her own deal.

None of this gives a REALTOR(R) ppermssion to act unethical. Does it?

Bryant,

No, it does not at all. Still, it places your seller in situations that I would most deffinatly not want to put any seller of mine in, I do not care if it is a "limited service listing".

What I get out of your post is that I do not want to do a limited service listing.

OK Ross, So......wouldn't you say that posting an article like this may in some small way make REALTORS(R) better at what they do so a Seller does not have to concern themselves with being treated like this just because they chose to use a 'Limited Service Listing" to assist them?

The only thing that supposedly separates a REALTOR(R) from a licensee is our CoE. Shouldn't we and the consumer be able to count on this "higher standard"?

Bryant,

OK, yes REALTORS® should adhere to a higher standard regardless of the NAR's COE. No we cannot count on this higher standard because we do not police ourselves which has been stated more than once in the comments.

I do not believe in giving another agent the opportunity to be an ass which I have experienced on more than one occasion in my short career. If all your friend wanted was on the MLS, well I have learned a valuable lesson from your post.

Thank you Bryant for taking the time to talk with me.

You're welcomer Ross. It's conversations like this that help us ALL learn. I keep these posts public for that reason as well. We should be open in our conversations so the consumer can see how passionalte we are about our jobs. Thanks for stopping by and participating.

Ross I also want to point out that even though the seller is my friend she paid me for my service. And if she needs more assistance as we go along she will pay me as needed. It was a win win. I'm in one of the worse markets in the country and have done quite a few things this year for the first time to generate income. I believe in adapting and taking what the market will give me. I also believe in doing it all legally and ethically.

Bryant,

I am with you with all my being concerning ethically and legally and I have always said "I don't care if I am reffered to as an asshole just as long as they add, he is the most ethical asshole I ever worked with".

There have been instances in the past where agents have stepped over the line, contacted my clients or blatantly tried to steal them. Many agents completely disregard showing instructions and many agents will give codes of lockboxes to their clients. These are Realtors behaving like this. I think many Realtors ignore the Code of Ethics because its convenient, they're hungry or they just don't care. I wouldn't contact a seller and send an email like that and I wouldn't let it slide either. I think you should forward her email to her broker and request that the broker inform their agent that you are contemplating an ethical complaint and perhaps they should insist on a class in ethics. I too like your "I'm REALLY mad" look.

I'm not with you! I can't understand limited Service at all. It's stupid to say the least! Wreckless at the worst. Just plain neglegent at best. Limited service implies low ball commission. Either list for full service or let em go! I have read a lot of your post. You are the best. I enjoy your comments,but limited service even advocating limited service does a diservice to Realtors. The public already thinks of us as none working. As far as I'm concerned all though the agents actions were unethical and she did cross a line.Hey you got what you desevered and Putting your sellers information out there for all to see. Why the hell do they need you. Limited service should be against the code of ethics. No against the Law. geeezzz!

MAY

2009

I would say contact the agents BROKER, this is why we have the brokerage and number on our signs as well as the agent. Make the agent accountable. Some agents DONT even know they are breaking the rules of ethics ( business ethics that is) and they are not being taught , brokers need to be accountable to there agents, as well as agents to there clients

Nothing infuriates me more then when a realtor helps give ALL agents a bad reputation. In all business there is always some that do this, but MAKE them accountable.!

Wow, you're taking the heat for the LIMITED SERVICE here, not the point of the original post at all.

I too work with many professionals, and I "sell" my services based on how much/little the client needs of me.

I have one seller who is an ATTORNEY and also a broker in her own right! She buys/sells investment properties. When she buys, she represents herself. When she sells, she calls me. I put it in the MLS and put her name/number in all marketing material. She handles everything herself.

I collect a marketing fee that is priced fair for the amount of work I do. If she wants more ads than I provide for this fee, she pays more. If she is short on time and wants me to handle paperwork, she pays for it.

Why is that so hard to understand? I set my fee, and if the seller is willing to hire me under my terms, it's a win-win for all!

I see the x% or die mentality agents shaking their heads. Could it be you're worried about your commission structure crumbling?

Erica, Very interesting isn't it? Kind of scares me that folks are so concerned about how others charge for their business.

Yes it is scary. There is nothing legally wrong with setting a fee and charging for your services ANY WAY that the buyer/seller/agent agree.

Flat fee, percentage, consulting hourly fee...

The only thing "wrong" with it is that other firms/agents who cannot see that there is room for all kinds of business models.

To suggest otherwise ... is called PRICE FIXING and that, my friend, is illegal.

Whoa there...hold your horses on that "Where's my gun" question!

I may not be the brightest crayon in the box...but I have a hunch (Not actual evidence to back this up) but still...call it a sixth scense of mine...that you could get in some sort of nasty pickle if you get a gun and shoot a fellow Realtor (even if they are horrendous and deserve being shot) really bad things might happen to you afterward.

Think it through man!

Unlike shooting an Attorney, I've heard rumors that shooting a Realtor carries some STIFF sentencing guidelines...You could even lose your library card or future AARP membership!

Don't do it...it's NOT worth it!

Carol

www.ActiveSunshine.com

LOL Carol...

I sure hope you know that was a joke and that I'm just messing around :)

TLW...ROAR!

Really?

Funny?

I don't see what's so funny?

The very thought of losing AARP membership is serious business to us old fogies!

Plus...I'd do just about anything to protect the sanctity of my library card!

Carol...aka..a woman who knows the value of free library movie rentals!

www.ActiveSunshine.com

PS: I'm sort of smiling...but won't admit out loud...or in print. Oops!

You show so much more restraint than I would. I would be all over that. Good for you.

Bryant,

Isn't it interesting that some members can't let the idea that you put the name of the Seller on MLS let go?

What they are missing is that you do it for the client, not for the benefit of other agents aroudn the State and the nation.

All these "I would never so it" is not about the client, but about the agent.

Well, who cares what agent love or do not love?

He's a bum. You should name names. Contacting a client like that is freakin ridiculous.

MAY

2009

Just to ask an obvious but dumb question. How did that agent get your seller's email address in the first place?

If the seller is a local business owner, okayfine, her email ~is~ probably plastered all over the interent .... but if she is a private citizen, a retiree, or a grandma ... hmmm... makes you wonder....

Or did your seller know this agent in some other prior context that would explain the agent having your seller's email address?

I always wonder about these kind of things...... :-)

Lots of great perspectives - very thought provoking.

I am on board with notifying the Broker of the "offending" agent.....and then accepting her "apology" for her "infraction".

Going forward, I would be careful if you ever have occasion to be working on a transaction with her....NOT because I think she will intentionally do something to ruffle your feathers.....but because she is less than experienced, and THAT could very well cause you problems along the way. It's called CYA.

On another note, we Realtors are (sadly) not always given the professional respect we are due....so I think we all owe it to the "industry" to hold each other to a very high standard of competence & ethics! The bad ones (who either don't "get" it or don't care) make it that much harder for us who take pride in what we do to be accepted as the competent professionals we strive to be.

Edith Schreiber - Dallas, Texas

MAY

2009

Truly disturbing... You were nicer than I would have been.

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Bryant Tutas Broker/REALTOR(R) Tutas Towne Realty, Inc

Poinciana, FL

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Bryant Tutas-Tutas Towne Realty, Inc

Address: 628 Grand Canal Dr, Poinciana, Fl, 34759

Office Phone: (407) 870-9003

Cell Phone: (407) 873-2747

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