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Ethical Question...... to report, or not to????

By Dagny Eason

Real Estate Broker/Owner with Dagny's Real Estate

February 12, 2010 01:22 AM

Ethical Question.... to report, or not to????

Peaceful sunset

If you knew that an agent listed a home on the mls without a signed agreement with the homeowner, what would you do? I have checked with our mls, and it is a HUGE violation. However, the only way it can be reported is to drag in the home owner, who would rather not get involved in a legal mess. So, does this violation just go on without any repercussions?

The home owner is no longer working with the agent, and no longer interested in selling her home, and the listing was withdrawn after I spoke with her, but .....

Does anyone have similar stories, and how did you reconcile with the dilemna presented?

Ethical question..... to report, or not to????

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Jay Schmitt

Keller Williams Keystone Realty - Gettysburg, PA

Gettysburg Real Estate Agent

That is a pretty ballsy move even by real estate standards. Would your state commision need the owner if the MLS had documentation to prove the realtors actions?

Feb 12, 2010 01:26 AM

Terry McCarley

Coastal Real Estate - Cape Coral FL - Cape Coral, FL

REALTOR, SRES, CDPE - Cape Coral, FL

Here we can report it to the MLS and they will contact the "listing" agent who must prove they have the listing. If they do not have a signed listing agreement the MLS staff will remove the listing.

Feb 12, 2010 01:37 AM

Mike Carlier

Lakeville, MN

More opinions than you want to hear about.

Your MLS can ask the agent for documentation of the listing. If the agent can't produce a signed listing agreement, that's really all they need. I don't think they have to receive a formal complaint to do that. If the agent produces an allegedly forged agreement, it could get more complicated.

Feb 12, 2010 01:39 AM

Ken's Home Team LLC. | 360.609.0226 | Portland, OR & Vancouver, WA Real Estate Team

Ken's Home Team LLC. - Vancouver, WA

- SOLD IS OUR FAVORITE 4 LETTER WORD -

OK, here is my opinion, if you do not report it what will you do when it happens again? Our business we have a reputation worse than used car sales men.... and this is the exact reason why... and you are allowing it to happen.... Have you turned the person into the Broker? I have an issue with this, the reputation of RE agents will be built on this action...... you have a copy of the MLS report that says it is listed, you also have no contract that is signed by the owner, why do you need the seller??? This is a lot more then an Ethical question this is a legal question???? and the office can be held responsible... here is another question was the house shown by any agent was a lock box on the house? if so what is the legal results of that if the owners find something missing???? wow not only a lic will be signed off. but fraud is committed a well.......

Feb 12, 2010 01:42 AM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

Jay, without repeating your comment, - I agree!

Feb 12, 2010 01:47 AM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

Terry- I wish that had been suggested by the mls when I called!

Feb 12, 2010 01:48 AM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

Mike - I agree that would be the easiest solution.... But the owners might then get dragged in...

Feb 12, 2010 01:49 AM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

Ken- That was all of the detail that I left out of this... you really followed it on and on... The sellers would leave a key for the agent when he called to show it to his buyer. Then, the last time, the "listing agent" couldn't be there, and it was a key left for another agent! No lockbox... Really sketchy!

Feb 12, 2010 01:52 AM

Leslie Prest

Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ

Owner, Assoc. Broker, Prest Realty, Payson,

I have heard all kinds of situations which were violations. Honestly, if the client doesn't care enough to report the agent, I'm not going to. I don't think, in most cases, that anyone would do anything.

Feb 12, 2010 03:07 AM

Fred Carver Real Estate Consulant

Retired BC Realtor - Victoria, BC

Accredited Real Estate Consultant

Hi Dagny..It's wrong and you should bring up the issue with your Board..no need to bring in the Home Owner, The Board will just ask your Manging Broker for verification of the MLS Listing Contract..

Feb 12, 2010 04:31 AM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

Fred - I agree. I wanted to see what all would say out there, and if there were other similar situations..... It was a fabulous situation to put out there and "grow" on!

Feb 12, 2010 05:32 AM

Rob Thomas

Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN

Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

Dagny....I would have to tell my broker and I know she would report it. I agree with Fred, it should be reported.....some agents just run wild. Thanks

Feb 12, 2010 11:00 PM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

My broker and I anonymously reported it yesterday...... we'll see what happens..... It is kind of a sleazy way to get buyers, don't you think?

Feb 12, 2010 11:14 PM

Gary L. Waters Broker Associate, Bucci Realty

Bucci Realty, Inc. - Melbourne, FL

Eighteen Years Experience in Brevard County

Pretty bold. I guess by now it has been addressed. I think it does need reporting though.

Feb 18, 2010 02:47 AM

Dagny Eason

Dagny's Real Estate - Wilton, CT

Fairfield County CT, CDPE Homes For Sale and Condo

It was, and the owner was dragged in...... by the agent, who wanted forms signed.....

Crazy! But, nice seller, and agent ended up apologizing, and all is well.

Feb 18, 2010 07:34 AM

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