DID THIS AGENT GO OVER THE LINE?

Ntsike, there's another condition:  4) the buyer was properly instructed in proper protocol but acted against it anyway.  Trust me, buyers (and sellers) do this kind of thing all the time, no matter how carefully you go over each line of the buyers rep or listing agreement or contract with them.  Which is what I do - I have a background as a legal assistant and it's second nature for me to make sure that someone actually reads and understands as much as possible what they're signing, so I DO go paragraph by paragraph, and then suggest that if they are confused at all that they have it looked over by an attorney (as it also says in the documents, in big letters). 

Lenn, I think you misread my comment. I am in complete agreement that you could continue communications with this buyer is if you chose to. Even so far as to have another BBA that does not conflict with there existing agreement(if there really is one).

Oops! I see what you are referring to. Me stating the other agent didn't do anything wrong by contacting you. Let me clarify that the WAY and the TONE of her contact were wrong. The act of contacting you in my opinion is not wrong. It just wasn't handled properly. If I would have contacted you on the same situation but with a smile in my voice and a big thank you for helping my buyer while I wasn't available this post would not have been written.

I would contact the buyer first (my client) and if they wanted to write an offer, then the agent. It happened to me this week. An old client called to say they visited open houses over the weekend and found one they liked and wanted me to write the contract. I had no idea they were looking, as I said, old client that bought 9 years ago.

I told them it didn't matter that they "didn't sign into the open house" and that the agent on duty wasn't the listing agent. I immediately called the listing agent and informed her of the situation. She had no problem honoring me as the agent and a contract was written and ratified. I know there is no "over the threshold" rule anymore, but I thought it to be the professional thing to do. I've done the same thing many times. Many Realtors "forget" that their fiduciary duty is to their client, not themselves.

In your case, the agent was out of line. No need to be confrontational, obviously an agent that "needs" the business.

Good post as always Lenn.

Andy

andywerner.com

We, as Realtors, have a responsibility during a written or verbal  conversation to ask a potential client if they are working with another agent. In order to earn a commission that remains your commission, it is imperative that you ask this simple question; "Are you working with another Realtor?" if the answer is yes, I would also ask if the are under contract with that Realtor. If t potential client has only spoken with another agent and is not under contract, then I would proceed with the client and, at the very least, execute a agency disclosure at the first opportunity. If a Realtor fails to ask a potential client this simple question and then fails to execute an agency disclosure....they are setting themselves up for problems and, are breaching their responsibility as a Realtor.

There are many reasons why someone would contact another Realtor. It is not our responsibility or obligation to find out what those reasons are. It is our obligation and responsibility to ascertain whether or not they are represented contractually by another Realtor. Why they are contacting another agent is irrelevant. The only relevant question, as it relates to this, is whether you have determined, or failed to determine,  if the client has professional representation.

One thing that you CAN do is ask when their contract expires and execute a contract with the client that begins after expiration of their current contract. The agent with the contract has an obligation, when asked, to provide the information to you (Believe it or not). If they do not provide the information to you, you have the right to contact the client to determine the expiration date of their current agency agreement. (Applies to listings too).

Lenn,

Your posts are getting 'thicker' than the New York Times!!! Have a great weekend! Thanks,   Fran

"My comments aren't being posted, and I wonder why."

George, I'm getting them via email, though I see they're not here.  I thought you made some interesting points, very professionally, though they don't agree with Lenn's point of view.  Especially the point about interference with a contract, which can be a real issue here, at least; other states may vary.  The appropriate thing to do, if the Buyer says they have signed with another agent but want out, is to tell them that when they have terminated that contract, you'll be willing to talk with them about representation but that the legalities preclude you from doing so as long as they are in a contractual relationship with another agent.  Most buyers and sellers, when it's put to them that way, respond positively.  You may or may not get their business, but I've never had one fail to understand, when explained properly, that you can't have an exclusive contract with more than one broker. 

I always ask a customer if they're working with another agent with or without a BA. If a BA exists, I'll tell them to work with that agent.

Take care & good luck to you!

Client first and then if the other agent is overly agressive I would have a tlk with them.

Take care!

RJH