Special offer

Should A Listing Broker Tell a Selling Broker How Much A Seller Paid?

By
Real Estate Broker/Owner

I had a discussion in my office yesterday with another agent.  The question was is it ethical for a listing agent to disclose the price a seller paid to a buyer's agent? to a buyer?

 

This agent believes that since sale prices are public record and anyone can go look it up it is perfectly ethical if someone asks her to disclose the number she will gladly say.

 

I felt that since the listing broker has a fiduciary to the seller that the agent needs to have a discussion with the seller and decide with the seller how to answer the question.  If the seller is comfortable and feels it is in his/her best interests no problem, if the seller however feels it is not in his/her best interests then it is not okay.

 

What is your opinion?

Posted by

 


                      

 

     

New Orleans Property Lady, LLC

Broker/Owner and REALTOR (r) 

New Orleans, LA 70125

504-908-2268 (C)            

 Licensed in the State of Louisiana, USA

New Orleans Property Lady 
           

  

New Orleans Property Lady

↑ Grab this Headline Animator

Copyright 2012, Miriam Bernstein, All Rights Reserved

Julia Odom
Select Realty Professionals - Chattanooga, TN
Chattanooga Homes for Sale

I have never had that come up. I suspect that I would recommend that they look it up themselves if they want to know but given the fact that it is a matter of public record I can't say that I would call it unethical.

There's not really any expectation of confidentiality there.

Sep 10, 2010 02:04 AM
Don Spera
CR Property Group, LLC - East York, PA
Serving York and Adams County, PA

If it is public knowledge, why not disclose it.  It is not unethical at all.  You are just helping cut some corners and as far as I am concerned the faster the information can be passed along, the potential of going to closing is much faster.

Sep 10, 2010 02:13 AM
Chris Canfield
Coldwell Banker Residential Brokerage - Tucson, AZ
Homes for Sale in Oro Valley and Tucson, Arizona

If it is public record (like it is in Connecticut), any buyer or their agent is more than welcome to look it up.  I don't think, however, that I should be the one telling them when it is my listing.  "Oh, yes, they paid $30,000 for this house in 1962.  Is THAT going to influence your offer?"  : )

Sep 10, 2010 02:23 AM
Miriam Bernstei
Rochester, NY

Don, what is it doesn't help your sellers position. What if they bought at the height of the market but got a really great price at that time.  Now the comps support an asking price $20,000 above what they paid.  A buyer believing the market is way down might think the property is overpriced.  Is it not your obligation to protect your sellers position.  If the buyer wants to look it up that's up to them.  The point being that the buyer has their own agent and needs to do their own due diligence.

Sep 10, 2010 02:26 AM
Miriam Bernstei
Rochester, NY

Chris, I agree with you.  I don't feel it is my responsibility either.  The buyer and/or their agent should be looking it up.

Sep 10, 2010 02:27 AM
Jeanne Dufort
Coldwell Banker Lake Country - Madison, GA
Madison and Lake Oconee GA

It is public information, so I do not see a problem with disclosure if asked.

In my role as buyer's agent, I not only discover what the seller paid, but also usually am able to know what they owe.  While market value is market value - in negotiations often what a seller will agree to is dictated by their circumstances.

Sep 10, 2010 02:45 AM
Jon Budish
Resident Realty - Fort Collins, CO

Once it becomes public record, I don't see any problem with you disclosing the information. If it makes you uncomfortable, decline.

Sep 10, 2010 02:51 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Miriam, as the buyer's agent I would most likely already know what the seller paid before I showed the house.  As a seller's agent I would advise the buyer's agent that this information can be found in public records.  Aside from that, what someone paid back when and what they are asking today are two different things, there should be some justifiable reasons why the current price is what it is.  

Sep 13, 2010 03:07 PM
Laurie Mindnich
Centennial, CO

Miriam, I can't understand why a buyers agent would ask, anyway- if it's public record, what sense does it make to rely on verbal when in writing is right there for their buyer? I think that inappropriate would be the description for that request, and I'd be reluctant to disclose anything pertaining to my sellers situation, as well.

Sep 14, 2010 11:02 AM
Jackie Hawley
Coldwell Banker Professionals - Oxford, MI
Southeast Michigan Real Estate

I can tell you're not selling in Michigan. :) If a house is asking $80K the seller probably paid $180K- or more.

Oct 04, 2010 05:32 PM
Michael Brown
KELLER WILLIAMS NY REALTY - White Plains, NY
Your Goals Are MY Goals!

Technically I don't see a problem disclosing but I do feel the way Laurie does. In that the buyer's agent should look that info up since it is public information and they should be able to find it. With refis and all sorts of secondary mortgages I would not want to disclose my seller's situation at all.

Nov 01, 2010 02:40 PM