Special offer

Sorry but you ASSUMED Wrong! I Can't Disclose that Information! Protecting Our Clients!

By
Real Estate Agent with Reliant Realty, Murfreesboro

We received an offer on one of our listings that was extremely low.  Keeping emotions at bay, we countered with what we felt was a very reasonable counter.  The buyers walked with no counter, no questions, no explanation.  The offer was so low there was absolutely no remorse or second thoughts by my sellers.  I know first offer is usually the best offer, but in this case I knew that it wouldn't be!  

Today we finalized the paperwork on a new offer for that home.  The seller's are excited.  It is a solid offer and we are preparing for closing.  However, there are hurdles to cross and we've all had closings fall apart due to unforseen circumstances. 

As luck would have it, agent number one emailed me saying her clients will be submitting a new offer and where should she forward the paperwork.  I responded that I was sorry, but we had just accepted an offer and this would be reflected in the MLS within the hour.  Her next email surprised me.  She is a managing broker for a company and said that since it will show in the MLS once it is closed, she assumed it was okay to ask what they took and how much they paid in closing costs along with any other concessions.  She went on to say her clients will want to know!  

Sorry, but as my seller's designated agent I can't disclose:

  • How much they accepted prior to the home closing
  • How much they paid in closing costs prior to the home closing
  • If they agreed to pay title expenses prior to the home closing
  • If they left any additional items like washer/dryer/refrigerator

If the home doesn't close this is confidential information.  And in this market it is not unusal for deals to fall through so agents are presenting backup offers.  So you see, if your buyers decide to submit a back-up offer I would be telling you exactly what my seller will take.  I am the designated agent for my seller, not your buyers.  And, if the deal falls through and the home goes back on the market, you now how confidential information that puts my sellers at a disadvantage with your clients.    

Sorry managing broker, but I would assume that as managing broker you already knew that!

If you are thinking of selling your Brentwood TN Home, Murfreesboro TN Home, or are located in the Nashville TN area, please give me a call.  I would love to represent you in the purchase or sell of your next new home.  Hiring a knowledgeable real estate agent that will make sure your contract is clearly written and is committed to protecting YOUR best interests in a real estate transaction can save you thousands of dollars.  In fact, the services of a great real estate representative can be priceless!  Here are some other blog posts you may find interesting that discuss the services of a buyers agent or sellers agent: 

A Knowledgeable Buyers Agent Can Be Priceless!

Before you Sign READ EVERY LINE!

STOP sitting on the Fence!

Don't Take Reading & Writing Offers So Seriously - They're Just Legally Binding Contracts!

 

 

Posted by

FIND ME ONLINE:

FACEBOOKLINKED INTWITTER

home search

Please visit:  SOLDONTN &  SherriWellborn.com 

Sherri Wellborn, Keller Williams Realty

Reliant Realty

640 Broadmor Blvd
Murfreesboro, TN 37129

615-566-3789 CELL

615-225-9600 Office

Comments(69)

Sherri Berry
Reliant Realty, Murfreesboro - Murfreesboro, TN
Murfreesboro TN Homes & Real Estate

Thanks Mike!  More and more I realize how important having a really good agent is to clients.  I think we take it for granted that everyone "knows the rules" but obviously we don't all play the same.  Now way will I give up my client's confidential information.  No way, no how!

 

Thanks Michael!  I appreciate your supportive comment!

Aug 16, 2011 02:15 AM
Gwynn Carpenter
Gwynn Teal Carpenter-Broker: Home and Hearth Realty (Austin) - Austin, TX
: Broker, Home & Hearth Realty (512)467-6191

Sherri:   REALLY?  Realtors and Brokers are still asking those questions?  REALLY!  Thank goodness your clients choose you who gave the right response.

Aug 16, 2011 02:20 AM
Marnie Matarese
DWELL REAL ESTATE - Sarasota, FL
Showing you the best of Sarasota!

Believe it or not, there are so many agents out there who will give out tht information once a property has gone under contract.  I don't know if they realize the consequences if the the sale does not close or if they are just not aware of the responsibility to their sellers.  I am asked at least once or twice on every property that goes pending the same questions, even by realtors who are simply showing property in the same neighborhood and want to get a feel of what their buyers should offer on a house down the road.

 

And, I have to admit, I have also asked the same questions and have been truly surprised when I was given the answers.  Knowledge is truly power. 

Aug 16, 2011 03:07 AM
Ken and Leslye Huebsch
3x Individual Agent of the Year, Luxury Homes, First-Time Buyers, Residential Resales, New Construction - Harrisburg, PA
Realtors - Harrisburg Homes for Sale 717.514.1793

It is hard to believe what some professionals try to "pull". Things like this have happened to us so many times, you just wonder how the 'profeesional' has made it this far in the business.

Aug 16, 2011 03:22 AM
Eileen Hsu
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

Everybody always tries to do this, but being firm and just saying that you won't disclose anything is the only way to go. 

Aug 16, 2011 03:44 AM
Bryan Robertson
Los Altos, CA

Those are common questions that we can sometimes get from people in our own office or close friends we work with in the same town.  The reality is that it's all information that is seldom known and shouldn't be disclosed prior to the closing.

Aug 16, 2011 03:50 AM
Andrew Martin
REMAX Accord - San Ramon, CA

Sherri,

My point was that a better answer might be "the seller has instructed me not to do so" rather than a flippant answer of "I can't"

When looking at the other comments, I still think most people think they are not allowed to answer price questions etc. and my point is it IS ALLOWED with the sellers consent. And I bet 99% of the people never ask the sellers what they want, they just blurt out "I Can't". And it's not our place to say yes or no without asking the seller.

 

Aug 16, 2011 03:56 AM
Elizabeth Cooper-Golden
Huntsville Alabama Real Estate, (@ Homes Realty Group) - Huntsville, AL
Huntsville AL MLS

Sherry, Hey girl!  How is Murfreesboro treating you?  I'm still homesick and would move back in a second :)  Congrats on your featured post.  WELL deserved.  You did the right thing by honoring your sellers.  As many have stated already, no wonder we all have a bad wrap.  I should be shocked that the managing broker asked, but sadly I'm not.  Happy Tuesday to you!

Aug 16, 2011 05:04 AM
Bob Zorechak - ABR, GRI, e-PRO
Keller Williams Realty Metropolitan - Morristown, NJ
Sells Homes in Morris/Somerset/Hunterdon Cos., NJ

Typical low life realtor behavior that makes us all look bad.  You should have published her name and brokerage so everyone in your area is aware of how she operates. 

Aug 16, 2011 05:29 AM
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Hi Sherry, I can see how this is a delicate situation, and where this needs to be handled like/by a pro. But I see an opportunity to negotiate, in this case perhaps a lost opportunity.

I agree with Andrew @#31 and 56. I suggest this not for you to decide but for your client to make this decision. The responsibility of the listing agent is to negotiate the best possible transaction/outcome with the best yield for the seller based upon the circumstances presented.

If you play it right within the course of the development of the transaction with any buyer, the other buyer 'may' have provided you with an opportunity of a better deal. It's not what you 'disclose' or what you say, it's about how to obtain information from the buyer and respond with ability and savvy, negotiate and work a deal that maximizes the return to the client from any buyer - by following their instructions.

The fact that the buyer-agent is a managing broker is totally irrelevant in this situation and means absolutely nothing.

Aug 16, 2011 05:47 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Sherrie,  Wow, that managing broker was out of line in asking those questions.  You did the right thing for all concerned.

Aug 16, 2011 05:56 AM
Andrew Martin
REMAX Accord - San Ramon, CA

Richard #59   thank you.  I find it very interesting that out of all these comments, people don't seem to get it and their saying the buyers agent was out of line or somehow wrong for asking?  Really?

As you suggested, sometimes by providing the buyer all the details, you can obtain a better result for the seller. Or at least, eliminate the serious offers from the lowballers.

Again, I ask that people go back and read their ethics rules from their boards. Maybe there are some boards that strictly prohibit talking whether the clients gives their ok or not, but I doubt it.

And again to those agent that automatically use the word "cannot", well, yes you can. And in some cases it may be to your clients benefit. Open your eyes!!!!  Think before saying, Cannot. You may be the one that's wrong, not the person asking.

Aug 16, 2011 07:04 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Too many agents will slip up and give the buyers' agent a better negotiating position.  Good for you for sticking to your guns on this one!  When appraisers call me to ask this information prior to closing, I don't give it to them either!

Aug 16, 2011 08:21 AM
Sherri Berry
Reliant Realty, Murfreesboro - Murfreesboro, TN
Murfreesboro TN Homes & Real Estate

Andrew - I did not simply state "I can't" nor was anything "blurted out."  I stated that as my seller's designated agent I cannot disclose that information.  You stated that my response was flippant.  The definition of flippant is frivolously disrespectful, shallow, or lacking in seriousness.  I fail to see anything at all in my response that indicates my response was flippant.

When I list a property, we discuss what is confidential and what my clients would like me to disclose.  Their bottom dollar or what concessions they will give in order to sell their home is discussed and is considered confidential.  That IS asking my clients how they would like me to address situations that come up.  

These were the same buyers that had presented an exremely lowball offer with no response to our counter.  In addition, let me point out that we had already ACCEPTED another offer.  The only option these potential buyers had would be a back-up offer or hopes that our accepted contract fails  If either of those come into play, disclosing what my sellers took would in no way be beneficial to my clients.   I fail to see how "providing the buyer all the detials" can obtain a better result for the seller.  If that's the case, why don't we just publish our seller's bottom dollar price in the MLS instead of negotiating contracts?  Because, as my seller's designated agent it is not in their best interest to disclose this information to potential buyers.

Not trying to be flippant at all.  I respectfully disagree with your position.   

 

Aug 16, 2011 08:37 AM
Sherri Berry
Reliant Realty, Murfreesboro - Murfreesboro, TN
Murfreesboro TN Homes & Real Estate

Hi Beth!!  How are you doing?  I am blessed beyond what I deserve!  You are always welcome back here in The Boro! We need more good agents like you!  And I agree, it is no wonder why we get such a bad reputation among many people.  It just amazes me that so many agents just don't protect their clients.  Thanks for posting!  

Aug 16, 2011 08:42 AM
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

IMHO, if the clients wanted to know what the Sellers would accept they should have made a more reasonable offer to start with... ;:-)

Aug 16, 2011 08:44 AM
Faye Y. Taylor
StepStone Realty, LLC - Floresville, TX
Country Living with City Convenience -Wilson Co TX

What part of confidential does that other agent not understand?   Or did she think you might be dumb enough to tell?

Aug 16, 2011 11:13 AM
Andrew Martin
REMAX Accord - San Ramon, CA

Sherri,  the point of my post was not really to argue with you, but to point out to all the other agents that assume you "can't" that yes you can. And I got the flippant remark from your title where you said "I can't Disclose that info". I still think saying "my client doesn't want me to" vs. "as my seller's designated agent I can't " is very different. But, what do I know and I guess it's just semantics anyway.

And if you really ever wanted to have a discussion about it, I can point out how it can be beneficial to disclose to the potential buyers what the deal is that you have in hand. But I'm assuming you already have your mind made up that it's not good. No big.

Anyway, not here to argue, just point out to people to really think it thru before saying they CAN'T do something.

Again, I know it against AR rule to disagree with anyone and not say your the greatest. So, I completely agree with you and your the greatest.  :)

Aug 16, 2011 11:34 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I don’t blame the broker for asking but your answer was absolutely correct. If her buyers want to know the final price she can tell them after the transaction is closed since it will reflect in your mls records. I bet she doesn’t call for details at that point!

Aug 18, 2011 03:50 PM
Sherri Berry
Reliant Realty, Murfreesboro - Murfreesboro, TN
Murfreesboro TN Homes & Real Estate

Greg - That was my exact feeling as well.  Agents that make extremely low offers on homes that are not distressed and in mint condition, and then don't respond in any way to a reasonable counter are not serious buyers.   The are just fishing for information and hoping if they keep trying over and over they will get lucky and get a nibble.  

 

Faye - Sadly, I think many agents do tell and don't realize that this is considered confidential information.  

 

Thanks John!  Exactly!  She has a whole list of MLS closings that she can get that information from!  I'm sure I will not hear back fro her after this has closed.  

Aug 19, 2011 03:30 AM