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The Realtor's Code of Ethics is protecting bad Realtors...

By
Real Estate Agent with RE/MAX Sun & Sea

As a Realtor I feel my mission is to best serve the public with their real estate needs, whether it be selling or buying.

A major flaw in our Realtor code of ethics is the provision that prevents us from soliciting or contacting the owners of an actively listed property subject to an exclusive listing agreement with another Realtor. Here are the top major issues with this provision for Sellers:

- Listing agent is not showing up or making showings almost impossible. The sellers has no way of knowing that their agent is missing showings and hurting them financially. Every missed showing could be that potential buyer... In this challenging market some agents are trying to double-side the commission and therefore make it harder for other agents to show especially in high demand neighborhoods or buildings...

- Listing agent has no pictures of the property or real bad ones, has incomplete or inaccurate information, or sometimes no information on the property. Most MLS have no requirements as far as info and pictures, and the MLS systems that do have slow and ineffective enforcement. The sellers may be wondering why the property is sitting with little activity when in fact their agent is not providing the info in the MLS that would entice another agent or buyer to see the property.

- Listing agent has the property listed at a grossly inflated price. Some agents take listings at any price and hope/know eventually the sellers will reduce their price... Some agents don't even know how to price properties and err on the high side to get the listing. In the meantime other properties are selling and the sellers are sitting like ducks.

- Listing agent is unresponsive (no voice mail or voice mail is full, not answering calls or emails, travels often...) Many issues here: difficulties in setting up showings, tough getting questions answered, and offers are not being presented in a timely manner...

Competition is the only reason we have progress and reasonable prices for any service or product. As a Realtor I feel that I should be allowed to compete with other Realtors and solicit business. This is the only way bad Realtors will be forced to shape up or do something else.

The code of ethics is preventing competition and the free flow of information in the marketplace. The only remedy is to file a complaint against the other agent, but that is costly, ineffective, and time consuming...

Competition is good and necessary for the protection of the public.

Posted by

Ben Giordano, MBA, MILHM, CDPE, REOS, Realtor

Waterfront Specialist. Visit our website for our unique coastal waterfront market statistics, listings, and sales information.

www.EliteWaterfront.com

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Kathy Opatka
RE/MAX CROSSROADS - Ocean City, MD
Serving Ocean City, MD, & The Delaware Beaches

Ben,

With the internet, I think the Sellers have an obligation to see what their listings look like.  Without rules, this industry would be toatal dog-eat-dog!  Imagine how harassed each Seller would be if each agent in your Board called them just once!

Dec 17, 2009 02:07 AM
Pat Fenn
Marketing Specialist for CJ Realty Group/Cindy Jones Broker - Springfield, VA

As Kathy says an owner can look on the internet and see everything that has been posted about their property.  If they have an issue then they can call their agent. You have no way of knowing if the overpriced listing is a the result of an unrealistic seller or an agent who may have used bad comps for a CMA.  If an agent is unresponsive to your calls about the property or their VM is full then at some point a call to their broker may be in order. 

Dec 17, 2009 02:14 AM
Tean Wong
Centre Realty Group - Newton, MA

Ben,

I agee with you on those points. As some comment stated that the sellers can see the listing on the internet themself, if that is that case I would be so embarrassed that I wasn't the one presents how the listing would look like before putting it up. We work so hard to get a listing and should be even harder to sell the listing.

Dec 17, 2009 03:12 AM
Ben Giordano
RE/MAX Sun & Sea - Boca Raton, FL

Unfortunately many of these mediocre agents hang their licenses with brokers who don't care. This is why consumers consider us the lowest life form. The days where brokers selected and trained agents for a career in real estate are mostly gone. Discount and FSBO brokerages thrive on the contempt of consumers towards full service companies, and 100%/high split brokerages keep mediocre agents in business...

Most of the mediocre agents are Realtors just like the good ones. If the Realtor's designation was given to agents who actually sold real estate and maintained a certain number of hours of continued education, then it would mean something to the public to work with a Realtor...

Not sure why the Realtor's association is spending lots of cash on TV ads promoting Realtors, when 99% of agents (in most Metro areas) are Realtors... 

Dec 23, 2009 03:04 PM