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Can you send/show me some listings? My agent is on vacation

By Pacita Dimacali

Real Estate Agent with Alain Pinel BRE 01367196

June 18, 2012 01:09 PM

Can you send/show me some listings? My agent is on vacation.

Last Sunday, I held an open house. One of the buyers asked a lot of questions about the neighborhood comps. Just to give him an idea of what else is listed in the vicinity, I used my APR (Alain Pinel Realtors) app on my phone to show what else is available so he can do a quick comparison. I would have been happy to at least send him the APR app, but he didn’t want to give me his number.

During the open house, he asked so many questions and took time away from my attending to the other people who came.

I asked him if he has an agent and when he said yes, I told him to tell his agent to get information about any property he's interested in. He said his agent is on vacation. So I told him to call his agent’s back-up.

Help me, but I won’t use you

Today, I get a text and a call from this buyer, asking for more listings in the area.

Was he terminating the other agent who is unavailable? No, but he needs help now.

I told him, sorry. Since he has an agent, any other agent will interfere in that relationship by sending him information or showing him properties other than his own listings. He seemed surprised. Well, shoot, I’d hate to be accused of “poaching” someone else’s client especially since the agents are not from the same brokerage.

Think of the REALTOR Code of Ethics, Article 16 that states "Respect the exclusive representation or exclusive brokerage relationship agreements that other REALTORS have with their clients."

Procuring Cause
He probably doesn’t understand how the “procuring cause” works....

Definition: The legal definition of procuring cause would be "the cause that results in the attainment of a stated goal". In real estate it would take on the meaning of the real estate agent or broker who, by their actions in producing a buyer, brought about the sale of a property.

It’s his agent’s responsibility to educate him. Or maybe, he just thinks it’s okay to take advantage of any realtor while his own agent is on vacation.

Can you send/show me some listings? My agent is on vacation. NOT!

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Bob Miller

Keller Williams Cornerstone Realty - Ocala, FL

The Ocala Dream Team

Hi Pacita, we would send an offer pacage and hope they sign it. Then we would have procurng cause! lol

Nov 24, 2012 10:39 PM

Woody Edwards

First Choice Realty, Inc - Chesterfield, VA

A Realtor® Who Answers His Phone!

Congratulations on sticking to your ethics. The other agent, however, deserves to lose that buyer!

Nov 24, 2012 11:42 PM

Marte Cliff

Marte Cliff Copywriting - Priest River, ID

Your real estate writer

Unfortunately, there will always be someone willing to take advantage. And... there will always be agents who just walk away from their work without leaving anyone to "mind the store" while they're gone.

Maybe that's why the 80-20 rule always holds true.

Nov 25, 2012 12:17 AM

Hella Mitschke Rothwell

(831) 626-4000 - Honolulu, HI

Hawaii & California Real Estate Broker

Pacura: I would ask if he had a signed "Buyers representation agreement". If he did, explain then that's how YOU work also and he might owe TWO commissions if he then signed a contract with HIS OTHER agent. Also, we should not be hesitant to tell these customers how we get paid.

Nov 25, 2012 02:16 AM

Kimo Jarrett

Cyber Properties - Huntington Beach, CA

Pro Lifestyle Solutions

Regardless of the circumstances, when I discover a person is represented by an agent, I always remind them that their agent is their personal real estate adviser, therefore, I'm restricted about assisting them because of their agency contract.

Nov 25, 2012 04:48 AM

Dorte Engel

RE/MAX Leading Edge - Bowie, MD

ABC - Annapolis, Bowie, Crofton & rest of Maryland

Dear Pacita,

Dating someone else's spouse is just never a good idea.

Nov 25, 2012 06:01 AM

EMILIA B COOPER, REALTOR® SFR.NCHSE.AHWD

LAROSA REALTY - Orlando, FL

Short Sales, Foreclosure & Bank Owned Real Estate

Pacita great post as usual, I heard once that the buyer told me that was fine him use many Realtor he wants, I tried to explain to him, but some buyer just doesn't want to hear you... Good reminder of REALTOR Code of Ethics , thanks for sharing!!

Nov 25, 2012 09:52 AM

Sharon Parisi

United Real Estate Dallas - Dallas, TX

Dallas Homes

Pacita, you are a wise lady and handled this situation well. Your post contains valuable information to share with buyers. No matter how hard we try to educate buyers, they either do not understand, or don't care, that we work for free until we close a transaction. Most buyers are salaried and cannot grasp the concept of intermittent paychecks.

Nov 25, 2012 10:21 AM

Thomas McCombs

Century 21 HomeStar - Akron, OH

This happens to me quite often. I just explain that I can not violate my ethical obligations to her agent, but that I would be more than happy to discuss the situation with her agent.

I am sometimes surprised to hear that her agent does not have a backup.

This gives me an opportunity to discuss agency, and this has lead to a new client relationship on occasion.

Nov 25, 2012 11:00 PM

Dennis Erickson

Berkshire Hathaway Home Services Montana Properties - Bozeman, MT

My Best..., Always!

Pacita,

There's another issue that's been overlooked in this discussion and that's the fact the agent whose client keeps calling you has essentially abandoned his/her client. This is a serious legal infraction wherein the agent signs the buyer up on a buyer broker agreement then proceeds to violate the agreement by either not responding to the clients' needs or arranging for a backup agent in the contracting agent's absence. Any attorney will tell you this is grounds for real trouble.

All of us have faced this situation. Here's exactly what I do. I tell the consumer that he needs to contact his agent, just as you did. If he whines about not being able to get in touch with his agent, I ask him/her who the agent is and I call them. I hunt them down like a bloodhound and when I get them on the phone I say something like, "Bob, you have a client wandering the real estate wilderness talking to anyone who will listen, do you want to continue to work with this person or should I step in and sell him something? He's standing here right now." Or, I call his broker and give him the same spiel. If neither responds, I will help the customer once he/she signs a new agreement with me. If not, they're on their own. By ignoring the customer we make us all look bad. I have never gotten to the point where I took the customer at this point. You did the right thing FOR YOUR FELLOW AGENT, but, in my opinion, you had every right to pursue the client. Just my opinion.

Nov 26, 2012 02:51 AM

Pacita Dimacali

Alain Pinel - Oakland, CA

Alameda/Contra Costa Counties CA

Nina --- I asked him if terminated his relationship with his agent, and he said no, that he will still use him. He just wanted someone else to show him properties. Seems like he didn't have anyone else at his agent's office who can help.

Rebecca --- I was surprised to get the feature, since I posted this months ago

Lyn -- I tried to help him by giving him some guidance....but I just didn't like the thought that he'd use other people this way, especially since he won't stop using his agent.

Bob --- that would be funny....but if he signed a buyer broker agreement, his agent will get the commission if the offer is accepted, won't he?

Woody --- I often wonder why some agents won't arrange for back ups.

Nov 26, 2012 03:42 AM

Pacita Dimacali

Alain Pinel - Oakland, CA

Alameda/Contra Costa Counties CA

Marte --- you're right. I've seen this situation happen over and over again.

Hella --- I knew of a buyer who tried to buy property using another agent. His agent set him straight by mentioning the buyer broker agreement he signed (up to one year). THe buyer was so angry that he decided not to do anything until that agreement expired.

Kimo --- That's what I strive to do. If the buyer keeps calling me, I ask if he has terminated his relationship with his agent. If not, then I can't/won't help him.

Dorte -- fabulous analogy!

Emilia -- I always think of how I would feel if another agent takes advantage of the buyer's confusion and poaches the client.

Nov 26, 2012 03:48 AM

Pacita Dimacali

Alain Pinel - Oakland, CA

Alameda/Contra Costa Counties CA

Sharon --- most buyers and sellers are unfamliar with how we work and how we get paid. We should always be prepared to educate them on our processes.

Thomas -- this is an opportunity to show people that we have ethical standards....

Dennis --- I asked the buyer if he was terminating his agent. He said no. He just wants to see other property while he was gone. Had I helped him, I would have violated the code of ethics not to mention helping someone who has no intention to use me as his agent.

Nov 26, 2012 03:52 AM

Dale Taylor

Re/Max 10 New Lenox Illinois http://dtaylor.remax.com - Frankfort, IL

Realtor = Chicago Illinois Homes Townhomes Condos

I learned years ago to never tell my Clients I am going on vacation. It gives them the excuse to do what I call "clown!" Meaning, they can get caught up in the emotion of feeling abandoned. Technology is such these days they really never need to know I am on vacation, unless I am traveling to a location where I don't have access to technology. Then, I get a trusted colleague to handle my business in my absence. I do admire how you handle your business.

Nov 26, 2012 02:22 PM

Evelyn Kennedy

Alain Pinel Realtors - Alameda, CA

Alameda, Real Estate, Alameda, CA

Pacita:

That person did not get your message. You told him distinctly that you can't help him because you would be interfering. What more did he need?

Nov 27, 2012 04:11 AM

Pacita Dimacali

Alain Pinel - Oakland, CA

Alameda/Contra Costa Counties CA

Dale -- it makes sense to ask someone to back you up. By the same token, when that person goes on vacation, you can offer to be the back up, too. But at least, none of our clients are left hanging while we are away.

Evelyn -- that buyer should have told his agent's broker that he needs someone to help him while his agent is on vacation. That would have been the right thing to do if he wants to keep using his agent. As it was, he wanted to have someone else serve him, but had no intention of using whoever helps him.

Nov 27, 2012 04:44 AM

Gene Riemenschneider

Home Point Real Estate - Brentwood, CA

Turning Houses into Homes

That takes some nerve on the part of the Buyer. Wonder what his agent told him before he left.

Nov 27, 2012 05:29 AM

Pacita Dimacali

Alain Pinel - Oakland, CA

Alameda/Contra Costa Counties CA

Gene

I remember one time someone calling me asking to see some properties. I asked them if they are working with an agent, and they said yes...but that their agent is very busy, and can I please show them some houses. Their agent is too busy, and therefore they'll bother someone else?

Nov 27, 2012 08:49 AM

Nan Jester

Exit Real Estate Gallery Jacksonville Beach, FL - Jacksonville Beach, FL

Realtor, Exit Real Estate Gallery

Again, it seems so very many people do not understand how we are compensated.

Nov 27, 2012 09:55 PM

Kasey & John Boles

Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID

Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

I have never understood why agents don't have back up while they are on vacation, and furthermore why this doesn't seem to both some of these buyers. -Kasey

Feb 03, 2013 01:07 PM

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