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Do Sellers Believe That It Is The Listing Agent's Job To Show A Home To Any Buyer That Call About It?

By
Real Estate Agent with Duffy Realty of Atlanta & Rainmaker Realty

 

My question is simple here -

 

Do sellers believe that it is a listing agent's job to show the house to any buyer whether or not they have an agent?

 

I have been asking this of my sellers over the last few weeks and I get a "Yes!" And, it is followed up with "Isn't that the job of the agent?"

 

So whereas we may be fighting about procurring cause... as agents, the public absolutely thinks that they should and can call the listing agent to see the home and answer questions. 

 

One of my sellers said that if the listing agent isn't going to show the house to buyers with an agent, that they should just say on their voicemail that if you want to see the house, call another agent.  Why confuse the public they said? 

 

One of my clients saw an 850K house with the listing agent and told them that they had their house listed with me but that they had not signed a buyer agreement but that they were going to use us.  The agent blasted us and forgot to go back to ask again if they were still going to use us - I guess just thinking that after his blasting they would change their mind.  He showed the home. 

 

Then, my client wanted to make an offer on the home with me. 

 

I called the broker and they said that they would pay nothing to us as they had shown the home and that they buyer said they were not working with anyone. 

 

At the showing, the agent did not discuss buyer brokerage or who represents whom in the transaction.  The agent did not follow up with the buyer.  The agent did not give the buyer a seller's disclosure, comps or anything else, they did not disclose in the listing that they were paying less commission etc...

 

Now, we get paid nothing?

 

Sad thing is for the seller that the buyer got so pissed off from all of this including the unprofessional blasting that they decided not to buy the house! 

 

That was a month ago - house is still on the market - another house now belongs to the buyer!

 

Cooperation gets homes sold and the listing agent of the 850K house would still be making over 24K on the listing side.  But more importantly, the seller would not be suffering on the market.  They had a buyer!

 

 

 

The rest of the story as told below... after many of you responded.

 

Okay so here is more to the story that I left out before - sorry, I didn't expect so many posts and action here...

 

The buyer/seller was our client for over 1 year selling a 1.5 million dollar home and downsizing to 850K.  At the beginning of their listing we had a buyer's agency with them because they received an offer on their home.  The offer did not work out, they did not move and the buyer agency expired.  We discussed the buyer agency with them at expiration and they said that they were too heartbroken from the last offer that they would just wait to see homes when they got another offer.

 

On Sunday night (the day before Memorial day), a couple came by their home (without their agent) and caught them in the yard.  They showed the home and the couple told them that they were going to bring their agent the next morning and in the meantime they were going to get an offer together. 

 

My client panicked that night and starting looking at homes on the internet.  My partner who they had been working with had called them earlier in the week and of course over a year of them being on the market they became friends.  My partner told her that her daughter was graduating from high school over that weekend and that she had a whole bunch of family coming. 

 

On Memorial Day, my client called our office and left a message that we did not pick up until around noon telling us that she was getting an offer.  In the meantime, trying to be helpful because she knew my partner was busy, she called the listing agents of several homes and got this listing agent...  that is where the story above comes in...

 

Thanks for your responses.

Posted by

Rhonda Duffy

Duffy Realty of Atlanta

678-366-7846

#6 Ranked Agent in U.S. for Sold Properties, #10 Ranked Agent in U.S. for Listing Portfolio, #1 Ranked Agent in Georgia, 8 years in a row for Sold Properties.

Debbie Holmes
John L. Scott - Boise, ID
Gets the job done!

If it is my listing I will always show it.  What I don't want to do is show a house to a buyer (who has another agent) to a house I have not listed.....I can't see the profit in it for me.....

Nov 13, 2011 04:49 AM
Bryan Robertson
Los Altos, CA

At least in California, the agent writing the offer gets the commission regardless of prior agency.  Agency is established on a "per transaction" basis and while having a buyer broker agreement would help ensure a commission for the buyer's agent, it's the responsibility of that agent to keep up with client needs.  If they write an offer with someone else, that's it, end of story.  Procuring cause only becomes an issue if one agent shows a property and the client would otherwise not be able to buy it and it can be proven.  However, the client does have a choice and is perfectly able to change agents with no obligation to one agent over another.

In your case, I think the sellers agent is being unreasonable.

Nov 13, 2011 04:50 AM
Adrian Willanger
206 909-7536 AdrianWillanger-broker.com - Seattle, WA
Profit from my two decades of experience

Rhonda-I agree that if there weren't any provisions in the MLS they should pay a commission, communication is so important in these matters that everyone is on the same page.

 

Best

Nov 13, 2011 04:50 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

Personally, I think the job of the listing agent is to market that home to as many buyers and agents as possible! If we are blessed to have one contact us about it. It is our job to explain agency, and then make sure that they are qualified buyers for pure safety sake. You don't want just anyone going through your home... do you?

Nov 14, 2011 02:47 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Hey Rhonda!  I included this post in Last Week's Favorites.  Have a great Sunday!

Nov 20, 2011 02:19 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

I would always show one of my listings to a buyer. If they were working with an agent, however, I would advise them to contact the agent. If the agent called and requested that I show to their buyers, then I would. I would know up front that the selling side was still getting their commission. Afterall, I work for the seller. My primary goal is to sell the house.

Nov 20, 2011 07:52 AM
Rose King
David Tracy Real Estate - Friendswood, TX
Friendswood / Pearland / Houston Bay Area

I just sold one of my listings to a couple that I showed it to five times. They finally brought an offer, and their own agent! I was happy just to get it sold, and to fully cooperate and fully compensate the buyer's agent. :)

Nov 20, 2011 01:11 PM
Rosalie Evans
Meritus Group Real Estate - Sioux Falls, SD
The Evans Group, Sioux Falls, SD Homes For Sale

Ouch! A commision on a $850,000 home! I so feel your pain! In my belief I work for my seller before I work for myself. My main goal is to sell that house not to collect the biggest chunk. Do anything else and your reputation will swirl down the toilet FAST! AKA just show the darn thing! 

Nov 20, 2011 05:03 PM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566

I am a sticker for loan pre approval. This step helps the dust settle on lots of issue.

Nov 20, 2011 05:07 PM
Iran Watson
Georgia Elite Realty - Marietta, GA
Marietta Real Estate Agent - Photographer

At the end of the day, the listing agent's job is to get the home sold for the seller so if the circumstances dictate that there is no way possible for the buyer's agent or another agent from the same brokerage be present, they should still show it.  

Having said that, if a buyer contacts the listing agent directly, its only prudent of the listing agent to inquire if they have an agent or not.  If the buyer says they are working with an agent, buyer's brokerage signed or not, I think the right thing to do is assume there will be another agent involved.  At that point, the listing agent should insist that they call that agent and have them be present for the showing.  If the buyer's agent can't make it, they should get another agent from their brokerage to fill in.  

Where it gets sticky is when a deal is negotiated between the buyers and listing agent/sellers directly and then the buyer's agent shows up after the fact.  Still, for a $24K commission, if I where the buyer's agent I would see to it that someone could fill in for me in my absence.

Nov 20, 2011 06:18 PM
Curtis Van Carter
Better Homes & Gardens Wine Country Group - Yountville, CA
Your Napa Valley Broker Extraordinaire

Hi

I guess we are lucky for in our MLS their is a binding commission agreement to be paid to the selling based upon what is entered there. The procuring agent issue is something that can get very sticky. Again, 99% of the agents here will honor what the client wants and go along to get the deal done. I am in Yountville in the middle of Napa Valley.

Nov 21, 2011 04:11 AM