COLLABORATION IN REAL ESTATE SALES?? NO! We are hired to advocate.
ASK THE CONSUMER, "DO YOU WISH FOR ME TO ADVOCATE OR COLLABORATE?"
I tried to reblog this post, SEE: A new style of negotiation - COLLABORATION. but the ActiveRain system had other thoughts, PUBLIC but no ReBlog button. So, while I understand agents and brokers expanding their horizons through private improvement seminars, I'm reminded that not all of the self improvement systems achieve the attendees goal and may conflict with the COE and license law.
ADVOCACY for a buyer or seller client through market knowledge, preparation and attention to detail, not to mention patience and communication is, IMO, what a buyer or seller expects and is willing to pay for.
ADVOCACY is not confrontational. Facts are facts and when they work to support a client's goal, can be persuasive. Presenting a client's position persuasively requires a high level of communication skills.
Collaboration may mean finding a middle ground that may disadvantage a client. At the same time, facts and situations that would benefit a client may be ignored, overlooked or worse, negotiated away.
The real estate world is full of "experts" selling one great system or another. Collaboration is the antithesis of true client representation. While collaboration would be a useful process while representing a seller or buyer client in a contract with a customer, we wouldn't be earning a brokerage fee by collaborating with another agent in a real estate transaction.
SYSTEM developers and seminar writers are master wordsmiths. The risk here is that an agent could very easily cross the line from the practice of collaboration, as defined by the developers, into acts detrimental to their client's needs and wishes in pursuit of the classic definition of collaboration, which is akin to collusion, whether or not intended.
IT'S EASY, BUT IS IT OUR JOB?? Collaboration is, no doubt, far easier than advocacy, but collaboration is not true representation. While negotiating a contract of sale for price, terms and condition advantage, buyer or seller clients may and often does move closer together to achieve their ultimate goal, buying or selling a real property. However, the broker representing that buyer or seller was engaged, not to collaborate with the other side, but to advocate for their buyer or client's goal, that of purchasing a piece of real property at the best price, terms and condition possible.
ADVOCACY IS HARD WORK! It requires that the agent leave no stone unturned to seek every fact about the seller/buyer, property, local market that may advantage their buyer or seller client.
COLLABORATION IS EASY! Working together is easy. Another word for collaboration is collusion.
ADVOCACY IS HARD! Keeping counsel, researching supporting facts, positioning a client's position to their advantage takes experience and skill.
COLLABORATION puts the responsibility for getting the BEST price, terms and condition on the buyer or seller and relieves the agent of the duty of fiduciary.
A consumer buyer and seller may collaborate but a broker is engaged to advocate. Even in states where transactional brokerage is passive, consumers and brokers may elect representation.
Collaboration, if it represents undisclosed dual agency, is fraud.
"Honey, are you sure our agent did a good job negotiating our offer? The price is still high and we're going to have to spend a lot of money fixing things."
"No, Dear, I'm not sure, but the agents worked out this compromise."
Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988.
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