This is one of those "what would you do" posts.
Here's the situation:
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Two units are for sale (a 2-bedroom and a 3-bedroom) in a popular DC building, and both being held open in the same condo building at the same time. - The two units are listed by two different agents with two different companies.
- There is a front desk, and we both have signs with the Open House information.
- A buyer starts out visiting the 2-bedroom unit, and mentions to that listing agent that she is really looking for a 3-bedroom unit and plans to visit that Open House as well.
- The listing agent of the 2-bedroom unit leaves her Open House to accompany the prospect (who she has just met) to the 3-bedroom unit, as if this is her client.
So here's the thing.
I was holding open the 3-bedroom unit. As it happens, I have a policy of not ever doing dual agency. If I get an unrepresented buyer, I will refer them to a colleague should they decide to make an offer. Also, I will honor any other agent's relationship with any buyer who visits my open, even if the buyer tells me they are currently not represented.
So why does this situation bother me?
Like this agent, I look at open houses as not only a chance to find the bues for my listing, but also to meet people who might want to buyer or sell a different property. If my listing won't work, I'd love to help them find something else that will be perfect. And like this other agent, I will try to use our time together in my listing to establish rapport.
But here's the thing. I would never ever in a million years leave my own Open House to follow a prospect to a colleague's listing.
Was this behavior unethical?
This agent probably did not really violate the NAR Code of Ethics, so within the context of real estate agent behavior, probably not. Although leaving a listing during an advertised Open House is arguably not the best way to represent your client's best interests.
In nearby Maryland, it's illegal for an agent to broach the subject of representing someone looking at an open listing or to bring up other homes on the market - even if what you are holding open doesn't meet their neeeds. While you are at an Open House, you are representing the seller, even if you are holding open a colleague's listing. In DC, where this condo building is located, there are no such limitations on Open House behavior.
So probably nothing for NAR to get upset about, and not illegal in DC. Still, was this behavior a little tacky? Yeah. I think so.
Still, should this tacky agent bring me an offer on my listing from this purchaser (or anyone else, for that matter), I would be elated. And I would treat her like my new best friend, tacky or not.
My job, after all, is to get the place sold. So I won't be leaving my listing to bring any buyers I've just met to her listing.
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