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I'm Selling My Home - Why Can't I Talk to Buyers or Their Agents?

By
Real Estate Agent with Keller Williams Realty - Atlantic Shore

I've listed my home and I can’t always leave when it’s being shown.  Why are you so adamant that I not talk to buyers or their agents?
Laura Giannotta-REALTOR at the Jersey Shore
You've listed your home for sale at a very challenging time. You're facing some stiff competition in Little Egg Harbor, Manahawkin or Barnegat.  You don't want a potential buyer to walk because a slip of the tongue.

Let's go back to agency relationships.  I'm your agent.  I represent you, the seller.  But when potential buyers come through, their agents represent them.  The NJ Consumer Information Statement on Real Estate Relationships (CIS) requires that a buyer’s agent share all information gained from the seller, or seller's agent.

talking (sxc-Nara Vieira da Silva Osga)  I'll give an example.  I showed a house last week, and the seller was home.  I asked if she was tired of people coming traipsing through her home.  She answered, saying that we were only the second appointment she'd had since the house was listed and she didn't mind because she wanted to move.  Seems innocent enough, right?

Wrong!  That told me a lot and I shared it with my buyer clients.  The home had been on the market for 45 days and we were only the second appointment.  What does that say; not much interest and a frustrated seller.  I also shared the fact that the seller was anxious to move, so might accept less if they offered a quick closing.

That seemingly innocent response will give my buyers an advantage should they decide to make an offer. 

contract (sxc-roland maier) Don't get me wrong, we'll be upfront and honest in our dealings with buyers and their agents.  But listing and showing your home is just a piece of the process.  When we move onto the next step in this journey, negotiating an offer, let's make sure that we're in the strongest position to negotiate the highest price for your home. 

 

Laura Giannotta
Little Egg Harbor REALTOR®

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Comments (98)

Gary & April Greer
Realty ONE Group Southwest - Temecula, CA
Real Estate Professionals

Agreed!  Even the most innocent of information can and will be used against you in negotiations.

Feb 07, 2011 06:21 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

I had one seller tell us they were getting a divorce and they would accept ANY offer that came their way. Wow ... really?

Feb 07, 2011 07:01 AM
Michael Eisenberg
eXp Realty - Bellingham, WA
Bellingham Real Estate Guy

I've seen it before where an anxious seller will give away to much information.

 

Feb 07, 2011 07:01 AM
Brad Hornshaw
Brad Hornshaw Realtor Lynnwood, Bothell, Everett - Lynnwood, WA
Realtor, Listing Agent, Buyers Agent, Investments

Hi Laura

Great post so true. Most sellers do not have the training or experience not to hurt themselves during the home buying process.........Brad.

Feb 07, 2011 07:56 AM
Jeff Getman
Realty Executives of Ravalli County - Hamilton, MT
Realty Executives

Absolutely true! Sellers don't realize how the most innocent comment can hurt their position. For that matter, there are far too many agents out there that don't know when to keep their mouths shut either. I can't tell you how many times I've heard an agent say something that compromised their client's position.

Feb 07, 2011 11:01 AM
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Laura, last night, I removed a post which raised the ethical concern of a buyer's agent initiating a conversation with a represented seller.   I've represented two clients who found themselves in a pickle over a very similar situation.  

I was getting emails for more information.  These inquiries should have been posted to your blog where you'd have been credited the points. I decided to delete my post to avoid being a distraction. (That explains the reason you're unable to find my remarks to Mr. Hammerstein's on dual agency)

To your credit, you and Lenn suggested reminding the seller of your representation of the buyer.  Even a verbal reminder works since no statutory obligation exists in that situation.  

The goal, of course, is to prevent the seller's agent from later making a fuss, something I've seen spiral out of control.   Most of the posts, today, are assuming a case of spontaneous diarrhea of the mouth which, naturally, poses no ethical concern.

 

Brian L. Sirota, Esq., Broker/Attorney, BriStar Realty, Orange County, California
Feb 07, 2011 11:09 AM
Barbara Hensley
RE/MAX Properties - Rockwall, TX
Homes for Sale in Rockwall County, Texas

Hello Laura, you just keep posting these great posts!  This one is excellent - true 100%!  Sellers just need to know they need to leave the building when their home is being shown!  Good reminder and excellent way for us to remind our sellers to leave and not be tempted to get into a discussion with the selling agent or buyer.

Feb 07, 2011 12:17 PM
Anonymous
Diana Tarr

I enjoyed this post, Laura, and all the comments. Roger Newton mentioned the possibility of a seller having a video in the home and I experienced that during an inspection. Good idea not to discuss offers at the sale property. I also ran across a seller who wanted to pick the right buyer for their home so was there to meet any prospective buyers. It seemed at least as important to them as getting the right price.

Feb 07, 2011 12:54 PM
#90
R Grodin
Worland, WY

Feb 07, 2011 02:21 PM
Ranji Singh
Century 21 Heritage Group Ltd. - Newmarket, ON

At one of my recent showings, the sellers did step outside of the home, most likely on their agents instructions. As we were leaving the home, they got into a chatter with my buyers on the driveway and kept them for about 15 (long minutes) as they "were selling" why this was the perfect home for my buyers. And through it, you could hear their anxiety and exasperation. My buyers had already dismissed the home based on features (& lack of) and layout.

 

Cheers.

Feb 07, 2011 02:36 PM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Laura,

Not too different than asking parents to leave the room when the student competition is being judged and dissected - no one wants others watching them when they have to make critical decisions.

Sellers damage their own negotiation position when talking to Buyers more often than not.

Have a happy day,
Lynn

Feb 07, 2011 04:01 PM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

Gary-Despiration in this market is common!

Maria-If they can't leave some specific examples like these might make them more cautious.

Monica-A plus for your buyers!

Eric-I agree, but in my area when the inspector is brought in the contract is fully executed.  

Lisa-Cha-Ching ($$) for the buyer!

Joel-One of our challenges as listing agents.

Chris-Thanks  

Feb 07, 2011 08:54 PM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

Ric-Thanks

Lynn-one or the other is for the best.

Kathy-I'm with you!

Tara-There are some great stories in these comments.

Roger-Yikes, that's all I can say!  

Sylvia-That's why if the sellers have to be home, they need a little direction on concersations.

Bob-Sometimes, drop back 20 and punt!!

Feb 07, 2011 10:49 PM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

Dan-Sometimes they just don't listen.

Roger-Never though of that!!

Brenda & Ron-Way take the chance.

Kimo-If the seller follows your advice!

Right you are Bill!

Gary & April-Thanks

Cynthia-You're not kidding..WOW 

Feb 07, 2011 11:12 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

While Sellers can talk to anyone they choose to - a seemingly innocent remark could cost them dearly.

Feb 08, 2011 12:27 AM
Dennis Neal
RE/MAX, Big Bear - Big Bear Lake, CA
Your Home Sold in 21 Days or We Sell It For Free

This is so important for our clients to understatnd on both sides of the transaction.

Feb 08, 2011 03:56 AM
RhondaHeaslip NanaimoRealEstate
RE/MAX of Nanaimo - Nanaimo, BC

What a bang on point you made. Sellers need to be aware of how important it is to not discuss things with buyers and their agents. Too easy to tip the wrong card and possibly give out too much info. Well written.

Feb 08, 2011 10:50 AM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

Michael-so true.

Brad & Jeff-we could all tell the stories of seller's gone wild!

Brian-Thanks, I thought I was crazy, it was there and then it wasn't!

Barbara-yes, if they're not there, no temptation to chat!

Diana-I had not thought about the video until it was mentioned here!

Randall-I love this!

Ranji-That's sad, but a reality is todays market.

Lynn-great comparison!

Feb 09, 2011 12:40 AM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

Tony & Suzanne-You got that right!

Dennis & Terri-It helps sellers to view their home through a buyer's eye.

Rhonda-Thanks. 

Feb 09, 2011 02:22 AM
Ryan Hukill - Edmond
405home @ ERA Courtyard - Edmond, OK
Realtor, Team Lead

It's amazing what info you can get out of a seller without them even having a clue. Great post.

Feb 25, 2011 09:04 AM