On Sept 26 Foxtons announced it had filed bankruptcy and would be auctioning off all of it's assets. This announcement was to the chagrin of some of it’s clients, as one of their key assets was their listing contracts.

After a week of legal battling between Foxton’s clients and the bankruptcy trustee, Judge Michael Kaplan dismissed the homeowner’s objections and allowed the listings auction to proceed. 

Century 21 Atlantic (by way of Maplewood Homebuilders LLC) and Fillmore Real Estate emerged victorious and collectively purchased the entire 4,300 listing agreements up for sale. Century 21 purchased 3,000 New Jersey listings for $100,000 (yes, apparently $3.33 per listing is all a 4% New Jersey listing is worth!), and Fillmore Real Estate purchased 1,300 New York listings for $110,000 (just under $10/listing).  On top of the guaranteed cash price, they both agreed to pay an additional 10% referral commission on all listings.

Now if I was Fillmore Real Estate or Century 21 Atlantic, I would look at this purchase as a golden opportunity to receive some of the best press/marketing $100k can buy, and release any client from their listing that wishes to be released. I would do this by immediately writing a letter to every client with straightforward instructions on how to be released from the listing.  I would make the process as simple as calling a special number and asking to be released. Then I would take that letter and send it to my local real estate news reporters, and real estate bloggers.

Doing this would go a long ways to winning over the new relationships that they have purchased.  This is a company defining move that would be remembered by local home owners for a long time.

And anyways, who wants to work with clients who don’t want to work with you?
 

6 Comments on Free Foxtons Listings!

NOV
01
2007
244,263 Points 30 Featured Posts Localism Sponsor Outside Blog

first off good riddens to Foxtons.   Secondly, I don't see how the courts allowed this too happen.  When an agent signs a listing agreement with a seller its a contract, yes.   Just because a company goes under does NOT obligate a seller to go with a new owner.   The company doesn't exist so there is no longer a listing agreement.   

When an agent leaves company X to go to work for company Y and wants to take their inventory with them, it doesn't automatically follow.  You have to get a new listing agreement signed with the new company.

<shrug>  I don't believe that the real estate commission at least in New Jersey is going to make a seller use the new company without signing a new agreement ... so to me, wouldn't that mean they are free and clear?

I agree why work with someone who doesn't want to work for you.  Holding seller's hostage is not a way to do business.

7:04pm • #1
NOV
02
2007
130,235 Points Outside Blog
I am also amazed that the courts allowed this -
9:16am • #2
284,435 Points 45 Featured Posts Outside Blog
I believe the Bankruptcy Trustee's obligation is to get as much money as possible to pay off Foxton's creditors.  So I don't blame them for their stance. Same with the Bancruptcy Court.  The consumers should have filed a different type of action in a different Court, seems to me.  Perhaps a Civil Court vs. Bankruptcy Court.
11:01am • #3
NOV
03
2007
9 Featured Posts Localism Sponsor Outside Blog

Brilliant idea!!! Every body wants to get consumers thinking they care, and in this case, "caring" about the consumer means considering whether or not they are comfortable with having their listing bartered off to the highest bidder, without any say as to their real estate agent. Everyone says "Business is business", but I disagree. Business without consideration to the client is business at its worst. We shouldn't be asking, "What is the minimum we can get away with?" We should be asking, "What's ethical and morally right?"

Quoting Douglas J. Schuurman [Vocation], "...contemporary society often encourages a moral minimalism where obligations are seen as short-term, legal, and contractual". 

Jonathan, your suggestion is brilliant because everyone expects nowadays to be screwed over by business (especially big business). We've grown accustomed to "moral and fair" being absent from the staple of how business is done. We've started to acquiesce to watered down meanings of "ethical" as whatever is legal, but somewhere deep down, we don't fully buy into it. Offering to release sellers from their listings is putting action behind the words "We care". That is why the response would be phenomenal. It's the opposite of saying, "We care about you, but we care about our profit more!" 

3:42am • #4
NOV
05
2007
112,632 Points 1 Featured Post Outside Blog

Jonathan:

I would do that or offer to ****COUGH**** excuse me....discount the commission even further for the sellers for their inconvenience and bad experience.  I would go out of my way to exceed all of their expectations and this would turn into a gold mine of satisfied customers and future business.

It would be the best money EVER spent. 

12:56am • #5
NOV
12
2007
2 Featured Posts
Jonathan, this is a great opportunity to show how much better full service really is for sellers. They will sell faster, net more money and have fewer complication.
7:21pm • #6


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