Special offer

Ready, Willing & Able Buyers & the Agency Agreement.

By
Real Estate Agent with ERA Herman Group Real Estate-NoCo

NOTHING MORE FRUSTRATING than when a Buyer calls asking for information about a home they saw driving down the street. Upon further information gathering it turns out they have a Agency Agreement with another agent. These Buyers are then explaining to me that they have been calling all the agents or offices listed on the yard signs because their agent is never available to see a property or doesnt call back for a day or two.

My particular experience goes something like this:

These Buyers were wanting to see a home and their agent wasn't returning their calls. Their current home was listed with this agent and is in contract. They were happy with how prepared she was to sell their home and how quickly it sold. However, now that they needed to go out and look, she wasn't as available. They felt a time crunch to find a new place.

According to their story, they missed out on 2 - 3 other homes because from the time they contacted their Agent and she responded, the home when into contract. They were very frustrated. So where does this leave us, the floor agent? With our hands tied.

Here are Buyers with prequalification letters in hand, ready and able to buy and a Agency Agreement with a Agent that is too busy to give them the time and energy necessary to find their new home. Who is getting hurt here?

I am all for Agency Agreements to protect the time and energy we put into our client and to have that protection from Agents that may be overly agressive. But we need to also make sure we fulfill that Agency Agreement and that our Buyer's needs are being met by us. We have locked up their ability to seek other Agents to help therefore we need to make sure we are available to them. We are asking for their loyalty and we need to give the ours.

The only people getting hurt by unavailablity are the clients, who cross boundaries in search of help placing other Agents in a tough situation of ethical and professional boundaries. If we have our Buyers sign an Agreement, we need to make sure that we can live up to their expectation and not place our field Agents in a place of having to explain to a Buyer that while I am available I can not help you. That isn't reflective of the customer service business we work in.

IN MY PARTICULAR CASE:  I explained they could cancel with that agent but they felt like they couldn't because their current home was still in the closing process and didn't want to ruffle the agent's little peacock feathers ! Oops.. inner voice!!

Any other opinions??

Posted by

  

Gay E. Rosen
Julia B. Fee Sotheby's International Realty - Larchmont, NY
As Real as Real Estate Gets!

Sherilyn: How about stating that if you do not have a responsive buyer's agent, you can always cancel, and I am  available! Best, Gay

Nov 09, 2010 10:52 AM
Curt Baumgarth
Mesa, AZ
inactive

It is very frustrating Sherilyn, but I think Gay's suggestion is appropriate given the circumstances.  You are not pushing the buyer's one direction or another, but just stating the options that they have.  I think as long as you dont say "IF you call your Agent and fire him, Ill show you the house now", you should be ok:)

Nov 09, 2010 10:57 AM
Sherilyn M. Whistler
ERA Herman Group Real Estate-NoCo - Loveland, CO
Need a Referral, Call Me !

Gay & Curt:  Yeppers first thing I explained but they felt like they couldn't because their home was still in the closing process and didn't want to ruffle the agent's little peacock feathers ! Oops.. inner voice!!

Nov 09, 2010 10:57 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Sherilyn,

I've had mixed outcomes in this situation. Many times the broker will not let them out of the agency agreement. When pushed they often say "you agreement is with this Brokerage, if you want a new agent we will be glad to assign you one". I've had buyers "sit out" their agreements and then come to me. I've also had buyers who whined about their agent, tell me I'm the best, and then go right back to the other agent. Buyers can be fickle.

Bob

Nov 09, 2010 12:58 PM
Sherilyn M. Whistler
ERA Herman Group Real Estate-NoCo - Loveland, CO
Need a Referral, Call Me !

Bob:  I have heard both sides. I personally am all for the Agency Agreement but I let people know if they are not happy with me they can get out of it. I certainly don't want people who "don't" want me to help them.. I don't know if I like the fact a brokerage steps in - I have not had that experience thank goodness.

Nov 09, 2010 01:25 PM
Tammy Pearce
Haute Realty 214-994-6474 - Dallas, TX
Tammy Pearce

Sherilyn - I think you are doing the ethical thing in not "taking over" and helping the clients find a home. Yes, it spells poor service from the other agent, but it's not reflective on you.  You would do all you could to help them.  They could call the other agent's broker maybe to get a response?

Nov 09, 2010 02:55 PM
Sherilyn M. Whistler
ERA Herman Group Real Estate-NoCo - Loveland, CO
Need a Referral, Call Me !

Tammy: Its a fine line but the bottom line is that agents need to realize that many times the Buyers don't understand agency agreement and reach out. That it isnt the agent trying to take the business but a client not aware of the situation just trying to get help! In my case they didnt want to rock the boat..

Nov 09, 2010 05:47 PM
Alex Morris - Austin Real Estate Agent
Austin, TX

I had someone once tell me they bought a house from the listing agent because they "didn't want to bother me on a Saturday".  Gee...thanks.  DOH!

Nov 09, 2010 06:26 PM
Sherilyn M. Whistler
ERA Herman Group Real Estate-NoCo - Loveland, CO
Need a Referral, Call Me !

Alex: Oh my gosh... yikes... bummer dude!! Do you have a sign now that says "I work Saturdays except during the world series?"

Nov 09, 2010 06:44 PM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Sherilyn I am all for the buyer's agency agreement too.  But like you, I don't want to work with anyone who is unhappy or doesn't want to work with me.  If the buyers were calling other agents because theirs was non-responsive, I would have recommended that they contact the broker to step in (that's why the broker exist among other things).

Nov 09, 2010 10:16 PM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

Oh deep breath, deep breath.  Such a stinky situation.  So many people out there really don't understand how we get paid.

Nov 10, 2010 12:37 AM
Sherilyn M. Whistler
ERA Herman Group Real Estate-NoCo - Loveland, CO
Need a Referral, Call Me !

Charita: Problem was they felt trapped because she was currently their listing agentand their house was under contract

Paula: Yeah I think as agents we need to better explain the Agency Agreement to the clients but we also need to be able to understand they are the clients and our job is to help them.

Nov 10, 2010 01:40 PM