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Agent Behavior Leaves a Foul Taste in My Mouth

By
Real Estate Agent with Flying M Team Small World Realty Fort Worth, Tx

Vulture 

I don’t look for bad in people. Unless you beat me over the head with it, I don’t seek it out. I prefer being more hummingbird than vulture. This month, however, I’ve run into a couple of local realtors who are leaving a bad taste in my mouth

 

The first is petty, I’ll admit. An agent copied one of my really terrific photos of a playground and neighborhood park from my listing to use in her competing listing. I took the time and effort to frame downtown Fort Worth’s skyline under the pavilion just as the sun was setting.... It’s a darn pretty photo. I spent twenty plus years behind the camera professionally so it ought to.... Every nerve ending in my body is screaming Copyright! Probably isn’t worth getting into a snit with the other agent, but I’d like to be rude and catty about it. Can you see my restraint?

The second instance really leaves me disappointed in agents. One of my clients bid on a V.A. foreclosed home a few weeks ago. The listing agent indicated there were multiple offers (at least two others) and announced a highest and best offer deadline. We pulled all our paperwork together and submitted a strong bid. The VA is a bottom line organization and we lost the bid, but we didn’t know by how much. Today I see on the  sold MLS listings that this agent was both the listing agent AND the buyer’s agent.

Shouldn’t the listing agent have disclosed to all competing bidders that she represented a client who was also in the running? What would you have done? And, darn it, she got to see all the bids before hand, so her client had that knowledge. 

 Hand me that toothbrush will ya? I’ve got a bad Taste in my mouth.

Blech.

 In preparation for the coming year, I’m  raising my minty fresh toothbrush and bottle of mouthwash in salute to all the NON-lazy, VERY ethical agents I know to be out there, especially those here in the Rain.

May you flourish and prosper in the New Year!

 

Comments (84)

Amy Jones Group
South East Valley - www.AmyJonesGroup.com - Chandler, AZ
4 Time BEST OF OUR VALLEY Winner

On point #1.. Like you, I hate it when other so-called professionals steal my photos.  I take a lot of time (including waiting for just the right sky and sunset) and spend a lot of money on high-end cameras and equipment.  Then I see some lazy agent using my work.  Not nice.  I always contact the agent and politely ask them to remove my photos.  Most do though there have been times that agents respond like I'm the crazy one with comments like "I do this all the time and no one ever complains.  What makes you so special?"  What?!

By the way...you don't have to 'register' your photos for them to be copywrited.  Unless you specifically state that the photos are available for reuse...your original photos are copywrited as soon as you post them.

Dec 31, 2011 03:09 AM
Alan Mackenthun
Bridge Realty - Shakopee, MN

You've got a beef with the other realtor stealing your photo.  Send them a letter asking them to cease and desist and report it to the MLS/Realtor board.  No question about it.  The 2nd case is disappointing, but as long as it closed higher than your offer, there's not much you can do about it.  I don't even know if the listing agent did anything wrong.  I've been in a lot if situations like this.  Some much more questionable where the place ends up selling for less than my offer.  Next time I will complain to the board, but when bidding on REOs etc, you can't get too attached before closing.

Dec 31, 2011 03:18 AM
Judy Orr
HomeSmart - Scottsdale, AZ
Scottsdale AZ and surrounding towns

Although it is upsetting to lose an offer to the listing agent's client, I'm really not sure how anything can be proven - was their buyer told everything about the competing offers?  How do you prove that, even if you did ask?  And you can't judge by sold price, since a VA or FHA loan could be passed over for a lesser sales price for cash or conventional financing.  I hope the short sale makes it to closing -best of luck.

But you can do something about an agent stealing your photo - and although some here said to share it and leave it be, that is simply allowing others to steal.  That is your photo - it belongs to you.  That other agent didn't even ask - they just helped themselves.  Our MLS will also go after stolen photos.  Please let us know how this one goes.

Dec 31, 2011 05:13 AM
Jennifer Chiongbian
Specializing in all types of Manhattan apts & townhouses - Manhattan, NY
Real Estate Broker - NYC

Aemn to that!  Sadly people's moral, values and any form of ethics is disgusting nowadays.  We just have to make sure that we who have htem, don't stoop to their level.

Dec 31, 2011 06:26 AM
Winston Heverly
Coldwell Banker Access Realty - South Macon, GA
GRI, ABR, SFR, CDPE, CIAS, PA

Im sure it happens more then most people are aware of. Who said it wasn't a cut-throat business. Of course what sales job aren't. Thanks for sharing what all of us experience.

Dec 31, 2011 06:57 AM
Tricia Jumonville
Bradfield Properties - Georgetown, TX
Texas REALTOR , Agent With Horse Sense

Paulette, the plaintiff agent didn't copyright her photos, she registered the already existing copyright.  Per U.S. Copyright Law, the moment the photo is taken, it is copyrighted to the photographer, and anyone using it without that person's permission is in violation of copyright law and actually owes the copyright holder compensation for the privilege. Since the thief didn't negotiate the compensation owed, but simply stole the intellectual property, the copyright holder is within their rights to set the compensation at whatever they wish, in lieu of pressing charges in a lawsuit. Per the U.S. Copyright Office. from their website:

Copyright protection subsists from the time the work is created
in fixed form. The copyright in the work of authorship
immediately becomes the property of the author who created
the work. Only the author or those deriving their rights
through the author can rightfully claim copyright.

I'd guess the agent in question got sick and tired of people stealing his or her work and decided to make an issue of it, myself, rather than thinking it's an agent seeking to prey on their fellow agents.  After all, if other agents weren't stealing the photos in the first place (thus causing the problem), there'd be no way to pursue a lawsuit, would there?

 

 

 

Dec 31, 2011 07:03 AM
Kate Akerly
Kaminsky Group - Manhattan Beach, CA
Manhattan Beach Residential Sales

I would absolutely confront the other agent about the photo.  Hopefully one that has happened to them, they will be dissuaded from doing it again in the future.  

Dec 31, 2011 10:32 AM
Sylvia Jonathan
Coldwell Banker Platinum Properties - Irvine, CA
Broker Associate, SFR

Deb, on scenario # 1 you absolutely need to contact the agent and demand she take the picture down right now. On scenario # 2 it's a bit gray.  I agree that the listing agent had the advantage. Had you asked her if any of the offers on hand were by HER buyers, she would have HAD to disclose. It's a good policy to ask with multiple offers.

Dec 31, 2011 11:33 AM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

Plagiarism is unacceptable anytime, yet how often is it discovered? It occurs frequently and there are remedies that can be used to stop it, however, having your offer rejected because of a higher offer is natural regardless if the buyer was represented by the listing agent. This occurs quite frequently and it could be avoided very easily by simply presenting your offer personally to the seller and their agent. There are so many other issues that could adversely affect your income and your business than another Realtors behavior, don't you agree?

Dec 31, 2011 05:11 PM
Linda Gurtel, CRS
Coldwell Banker Residential Brokerage - Glastonbury, CT

I hope that now the bad taste is out of your mouth you can move on.  it is not nice to copy peoples pictures and the broker should have taken over and done the negotiating.

Jan 01, 2012 01:17 AM
Rocky Dole
Revelation Real Estate - Maricopa, AZ

My view point is that agents who practice this type of behavior are shooting themselves in the foot.  At least that is the case around here in my opinion.  The reason is that I have found that many times I have interaction with the same agent or agents on multiple transactions.  If you behave this way then the other agents are going to remember you and are probably going to warn their clients about doing business with you in the future.  Right now it is hard enough to get business without having other agents warning clients about you.  I know that I have a couple of agents out there that I would not recommend doing business with because of past behavior.  Remember, everything you do is being watched by others and only do things that you would want to do if you knew you were being watched.  That is my philosophy.

Jan 01, 2012 12:09 PM
Thomas McCombs
Century 21 HomeStar - Akron, OH

I have heard buyers say that they made offers thru the listing agent for just this reason -- they had a better chance of getting the deal for less money. A buyers agent could not know what other offers might be and so might encourage a buyer to make what might be a higer than needed offer.

The system is flawed. There should be no double ending due to an unavoidable conflict of interest.

Jan 01, 2012 12:16 PM
Linda Fidgeon
Berkshire Hathaway Homeservices Page Realty - Wrentham, MA
Make your next move your best move!

Re: issue #1: Theft is theft. To the responder who said copying is the best form of flattery, the quote is " imitation is the sincerest form of flattery". Imitation and copying, as relates to this incidnet are 2 different things. I would not let this go.

Re: #2: Its a tough situation, but yes, you shpuld have asked about the source of the other 2 offers.  I would also look at how far above your offer the winning offer was.. It is was a small  amount, I would be suspicious and go to my broker.

Jan 02, 2012 04:06 AM
Yvonne Wilder
Halter Associates Realty - Woodstock, NY

Ok, I'm on the side of the vultures - the real birds, that is, not the slimey underhanded agents who attempt to deceive and misrepresent. 

Vultures are sacred birds to the Native Americans and Egyptians, and in other cultures as well.  They assist in keeping the environment clean and safe for the rest of us by consuming disease-ridden carion.  Their feet are covered by an antibacterial secretion to protect them in their work.

Sorry, I've been on the receiving end of bad behavior enough times myself, but just had to stand up for the vultures.

Jan 02, 2012 07:58 AM
Matthew Bartlett
Corcoran Global Living - Hill Top Team DRE Lic. #01353034 - Glendora, CA

Hi Deb,

Do not hang onto that bad taste. Clean it out and let it go! Make 2012 a great year for you and your business.

Matt

Jan 02, 2012 10:40 AM
Anonymous
Amelia

I agree put it behind you and say NEXT.  Don't let it spoil several weeks for you.  In the other agents defense may she did not disclose the offers to her buyer.  May be she played the game in a professional manner and did her job as she shouyld have.

Jan 03, 2012 02:09 AM
#82
Brian Dodds
Coldwell Banker Willis Smith - Oriental, NC - Grantsboro, NC
Sale or Sail? We do both!

Take action on the picture. Too many people think that if it's on the internet it's fair game when it isn't. I have a sideline web design business and teach web design at a local community college. I always ensure that appropriate releases are gained for images and teach a law and ethics section in my classes.

Send a letter with an invoice for the rights so they can either pay you forthe use, or take the image down.

 

Brian

Jan 03, 2012 02:57 AM
Dawn A Fabiszak
Private Label Realty ( Denver metro area, Colorado - Aurora, CO
The Dawn of a New Real Estate Experience!

Deb ~ in Denver, agents must disclose on the MLS if they have a variable commission (if they sell the property themselves and reduce the commission).  That does help solve that issue.  As far as that agent that stole your photos, we can turn that agent into MLS and they will remove those photos.

Jan 04, 2012 09:43 AM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo

Thank you for sharing your blog; we need Real estate Professionals to share their comments and information regarding their markets and experiences. Thanks again from beautiful Sunny San Diego

Jul 30, 2012 10:18 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

Some agents are pretty cheeky and some actions border on unethical/illegal.

Oct 19, 2012 03:17 AM