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The "Local Agent" Whose Office is 3000 Miles Away

By
Real Estate Agent with Pacific Union International

~ The "Local Agent" Whose Office is 3000 Miles Away ~

Snake Oil Salesguy - Kirsten's Sonoma Real Estate BlogI'm not naming names here but I've got a story to share with other Realtors and with consumers who might be looking for local agents online.  It's a story about an agent who is advertising his services to sellers and buyers in the Sonoma real estate market---even though his office is nearly 3000 miles away. 

The story starts with an email from this New York agent asking if I would be interested in a referral. He said he had clients with a home to sell in Sonoma Valley.  We discussed a referral fee and agreed, in email communications, on 25%.  Several days later, I met with "his clients" at the property, which had belonged to a deceased family member.  They said they'd never been to Sonoma Valley.  They came from out-of-state to interview potential listing agents.

They told me they had found the referring agent on a well-known real estate website, which shall also remain unidentified here.   They'd never met the agent.  They said they contacted him because he was advertising himself as a Sonoma agent and they'd read his favorable client testimonials.  They were absolutely stunned when I told them their "Sonoma agent's" office is located in New York.  To quote one of the sellers, "So much for local expertise!" 

After our meeting, I visited the real estate website where this agent is advertising.  His name appears on a list of many Sonoma agents INCLUDING MINE.  I wasn't surprised to see the names of several out-of-area agents claiming to be Sonoma experts but nearly all on the list work out of offices within 50 miles of here. 

I checked with the California Department of Real Estate to see whether this New York agent is licensed to sell real estate in California, too.   He is not.

This story is not over yet.  I've called my broker for advice.  I don't know yet if the sellers want to list with me but if they do, I frankly have no desire to pay a referral fee to a New York agent who is misrepresenting himself as a local real estate expert in Sonoma only to refer "his clients" to an agent who REALLY has the knowledge and expertise they are looking for.

It's not clear how this saga will end but it raises questions about misleading advertising on real estate websites and the practices by some real estate agents.  Most importantly, it should serve as a big red flag to consumers.

The moral of the story for consumers is this:  If you are searching for local agents online, make sure you dig deeper than their ad on a website.  Call the agent, ask them detailed questions about their knowledge of that specific market.  Ask about the types of properties they sell and how long they've practiced there---and ask for references from past clients.  Heck!  Ask them where they do their grocery shopping, get their hair cut, and which local restaurants they like best. 

Just because they say they're local doesn't mean they are!

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Comments(216)

Ellen Kippel
Weichert Realtors - Suffern, NY
Licensed NY and NJ realtor 914-588-2365

This is quite a story and I believe it does require looking into from a legal and ethical point of view.  Unbelievable is all I can say!  Thanks for sharing this article.  In Yiddish, this would be called "Chutzpa" and in English it is called "Some Nerve"!

Oct 05, 2011 10:57 AM
Bonnie Vaughan
Scranton, PA
CNE SFR - Buyers/Sellers - Lackawanna & Surroundin

The complexion of our business is changing sometimes more rapidly than we can keep up with it.  There are many companies advertising nationally who are not Realtors at all.  They are lead or referral generating businesses.  I'm sure you've been solicited by any number of them to sign up and be an agent for them.

A referral is a referral.  All that is required for a legitimate referral is that the agent is licensed in some state and operating under a Broker, or is a Broker themselves.  Cross country referrals are perfectly legal.

His marketing gave you the referral.  If you take on the client he should be paid, otherwise you would not have the business.

 

Oct 05, 2011 12:25 PM
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Checking back to read more of the comments that have been made and to update those who've asked that I do so.

The sellers have yet to get back to me on their plans.

When we met they said they were considering a sale...but that they might also decide to keep it as a rental property.  The house needs a lot of repairs including new roof, new front steps, and there's been a significant amount of unpermited work done on it---including the construction of a downstairs apartment.   I set them up with a local home inspector and I beleive they got the report just today.

I'll be following up with them tomorrow.  Meantime, the debate over this post has been amazing.  So many of you advising me to cultivate a relationship with this agent in hopes of future referrals...so many others saying that would be wrong.

The story is not over yet.  I will update you if/when I've more info to share.

 

Oct 05, 2011 08:03 PM
Eric Thomas
Cape Cod & Islands Keller Williams Realty - Mashpee, MA
The Real Estate Doctor

Kirsten, after reading your post and all the comments you have received it is pretty clear that many agents are split on the issue. so i will add my two cents to this debate. I feel that each agent has to define for themselves what standards they hold too. Yes if the referring agent is marketing as a local agent, i too may have a little issue with that. What i would not have an issue with is any agent that for what ever reason sent me a lead. I know that I have contacted people who have landed on my site, provided me their contact   info, only to find out they were not looking in Cape Cod but actually looking in a totally different area. I would always try to find a way to help the consumer by finding a referral partner to assist.  

Now to address the second part of the issue, if you have already given the referral agent a verbal agreement, I would hold to that agreement no matter what I found out later about how the lead was procured. I might decide never to do business with them again however I would keep my word first. In today's fast pace world consumers are searching all different places. I remember helping a client find a rental property because they were being foreclosed on. When I ask them how they found my site she told me from a pink shoe website because it was prom time and she was searching the web for pink shoes and landed on my site.. Who knew?

Oct 06, 2011 04:29 AM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Wow, I'm probably not saying anything that the other 200 comments haven't said, but that definitely seems like misreprentation at the very least. -Kasey

Oct 06, 2011 05:29 PM
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Some who've commented might be interested in this update:

I have sent the sellers who were "referred" to me an email informing them that I cannot accept the referral because of what I consider to be misleading advertising by the referring agent that brought us together.  My decision is based on my standards of practice and my choice to dis-associate myself from the referring agent.

Don't get me wrong.  I welcome referrals from other agents and brokers but only after we've vetted one another AND established that we are working together ---- transparently --- to provide the best outcome for a client.

 

 

Oct 07, 2011 10:58 AM
Jeremy Joslin
Coldwell Banker Residential Brokerage - South Windsor, CT
Professional Real Estate Marketing and Sales

Sounds like a really sneaky way of collecting a referral fee.The internet is used by a lot of scammers.

Oct 09, 2011 01:51 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Kristen -- Your update (#210) is what I was sort of expecting you to do based on your business model and ethical personal standards.  I agree with Jennifer (#151) and Jamie (#191) in there comments.  

When I saw your title I thought this might be the NY guy who is advertising REOs across the nation here on AR, implying he is local in each post.  From further information, it appears it is someone else. 

Blessings on your work this coming week!

Oct 09, 2011 05:46 PM
Not a real person
San Diego, CA

Monday is my Happiness Day.
I visit as many blog posts as I can throughout the day
and spread happiness, which means I probably didn’t read this post.
I just stopped by to spread some happiness.
Feel free to delete this comment if it doesn’t make you happy.

Happy Day!

Oct 10, 2011 04:01 AM
Brenda Van Fossen
Dawson Ford Garbee & Co., Realtors, Lynchburg VA - Lynchburg, VA

I had a similar situation.  I was going to show several homes listed by the same agent.  There was a number to call to schedule the appointments--not the listing agent's number.  So I scheduled the appointments.  I drove by one of the homes that I thought was vacant and saw people going in and out of the home.  I stopped and asked if this was their home and they said that they had just rented it.  I told them that I was unaware that the home had been rented.  The MLS made no mention of this fact.  I asked them if I could see the home and they let me go in.  It was a mess, not just from the move but from the condition of the house.  At this point I called the agent and couldn't get him.  I tried several more times and left messages.  He never responded.  I looked him up and lo and behold he was in Florida.  At a second appointment with one of this agent's listings, I couldn't find the lockbox so I knocked on the door.  There was no response.  I had thought that this house was vacant also based on the MLS information.  One of my clients said she thought she heard someone at the back of the house.  I tried to call the listing agent again and, guess what, no response.  I never checked out his status in Virginia but he has since moved to the area.  I have had no dealings with him since he moved here.  I wonder if he is any more responsive to calls now that an agent could show up at his front door?

Oct 10, 2011 04:08 AM
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Jeremy---it's way more prevalent that I thought!

Steve---I got an email from the sellers over the weekend who said I was their top choice to represent them if they decided to sell.   And so it goes....

Russell---how could I not be happy but I wonder....are you cutting and pasting this for a quick points credit?

Oct 10, 2011 04:11 AM
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Brends:  I think it's time we had some regulation of online advertising.  Too many scammers are taking advantage of others.

Oct 10, 2011 04:13 AM
Jenny Durling
L.A. Property Solutions - Los Angeles, CA
For Los Angeles real estate help 213-215-4758

The weirdest thing about this is his asking you to pretend he is your partner! Why not simply send the seller to you and tell them honestly that he is referring them to a local agent. I don't get his strategy at all. I think we all get leads on our sites occassionally that are not looking to buy or sell in the areas we work. I have no problem referring those out but I certainly never claim to them that I am an exert in that location. I tell them straight out that I am NOT but I can find them someone to work with who is.

Oct 10, 2011 07:54 AM
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Jenny:  I was pretty stunned.  I couldn't figure out his motivation either but it was clear that he wasn't on the "up-and-up."  If I could have dropped him right then I would have but the property owners were from another state and I had no way to reach them before our appointment the next morning.  At this point it looks like the story is over....and I'm relieved.   I don't like deception...in my personal or business life.

Oct 10, 2011 07:58 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Hi Kirsten - I would contact your state Board's attorney and relay this information.  I am ambivalent about this--The method of capture is dishonest but, then there are several non-Realtor®-owned sites that also allow for this type of advertizing (Zillow, for one, as mentioned above).  Is a 'they-found-me-first' lead as valuable as one that one of us sent you?  If it translates into a transaction for you, and you've already agreed to pay the referral fee, then yes.  As unfair as I believe this is, I would have to bite my tongue and cave on this one.

HOWEVER, getting our state Boards involved in trying to squelch this type of online marketing, is something that I believe we all should actively participate in.  Would you have landed that buyer to your site had this other NY agent not been advertising Sonoma?  Who knows; perhaps they would have landed on one of your compeitor's sites and instead of getting 75% of a transaction, you'd get none.  (Of course, you know me, I have to find that silver lining!!) 

Oct 12, 2011 03:23 AM
Larry Brewer - Benchmark Realty llc
Benchmark Realty LLc - Nashville, TN

What would you pay if it was a Redfin referral? It can always be worse, so take the sale and let it go.

Oct 12, 2011 05:27 AM
Bob Publicover
Publicover Realty Group, inc - Stuart, FL
Thinking outside the box

Hi Kirsten,

This profession is full of unethical real estate agents and I'm very disappointed with the State agencies for not having better enforcement on this stuff. Also extremely disappointed in the NAR, State Realtor  associations and local boards for not challenging the bad apples ,but for not encouraging the State agencies to take stronger action.Good luck in your pursuit of justice

Signed,

Your local Sanoma Expert

Bob. In Palm Beach Florida!!

 

Oct 19, 2011 05:16 AM
Jayson Holland
Listings.com - Denver, CO
Jay Holland

Wow. Over 220 comments. Congrats this is a great post.

There isnt much more for me to say that hasnt been said already one way or the other.

Keep us updated and let us know what you do and how it goes.

 

Jay

 

Oct 21, 2011 07:32 AM
Karen Butler
RE/MAX Coastal Properties - Fort Walton Beach, FL
Eglin AFB/ Fort Walton Beach /Destin Relocation

I've run into the same similar situation.  On the one hand he is falsely advertising; But he doesn't have to be licensed in Ca to refer a lead to you,Just as easily as I can refer on to you from Florida.  So congrats on being selected, and show them how a real professional works.  And as others have said, you could use the oportunity to generate more business from him, because he is after all spending money to to generate sales in your area.  But if several thousand dollar listing leads leave too much of a bad taste in your mouth, you absolutely shouldn't work with him again.  But even if you don't someone else will.  So either way, someone is going to get paid.  Wouldn't you rather it be you?  Because you aren't going to stop him from advertising.

Nov 07, 2011 05:11 PM
Thom Abbott
MyMidtownMojo.com |770.713.1505 | Intown Atlanta GA Condo Living - Atlanta, GA
Midtown Atlanta GA Condos For Sale

Kristen...I read your post, and thankfully, your #5 comment with more info. What he asked you to do as a result of your follow up comment is TOTALLY, TOTALLY WRONG!!

But the whole referral concept is not wrong. I won't list/sell in parts of Atlanta because it's just far to huge. If I get a lead, I simply tell the person I have a "team member" that would best suit their needs. That person may work for my company or any other company. But I know them, and I would call them with the referral. I would never ask, or expect them to act like they work for me. I would simply tell the referral that I have someone that knows the area better than I do, and will take better care of them.

If you can strike up a positive relationship with this person, it may be to your benefit.

There is an agent "here in Atlanta" that has a huge Internet presence. He is licensed here, but lives in Maryland. He gets most of his business from doing referrals. Mind you, he's never sent me one! LOL!

Jul 28, 2012 12:04 AM