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Beware Buyers and Agents - Know Representation Rules !

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

   Spring is in the air if not quite officially on the calendar...and Buyers in Wisconsin are out in greater numbers driving by for sale signs and going to open houses looking for their happily ever after home.

     spring flowers   The warmer weather fuels enthusiasm and

in our "Thinventory Market" we see signs going from FOR SALE to TOO LATE...SOLD....in record time. 

   Also blossoming, many local boards will tell you, is the number of people...both consumers and agents who in the height of their enthusiasm, somehow forget about the agent that they were working with....Buyer agent or not...and write offers with the agent who is holding the open house for fear of losing the opportunity to own the house.   

   It may not be the agent at the open house who "stole the Buyer" but the failure of the Buyer's agent to explain the contract and prepare the Buyer. We

don't believe that Buyers or Spouses can be "stolen"....they leave bethiefcause it is their choice. If you have never had a buyer that you have been working with call you and tell you that they just wrote an offer with another agent...you havent' been in this business very long...it happens to everyone   

    When a busy agent is working with multiple buyers...Or both

buyers and sellers, going to every open house with each buyer is sometimes not an option.  What is an agent to do ?

     We suggest when a Buyer agency is signed...and periodically during the "shopping period" ....in emails...verbally...Buyers be reminded that they should call You, their Buyer's agent is they intend to go to an open house. You can call the agent....and we suggest confirm in email, that you are "registering your Buyer with them" and that you have a contract in place.  In Wisconsin, it is required that before an agent can write an offer, he/she must have physically been to the property...not necessarily at the same time.  

  Open House   Sometimes ....it can be an impulse...a sign "calls" to the Buyer and there is no real plan ahead of time to attend the open house.  Cell phones are great tools...the Buyer can call their Buyers Agent and the agent make contact with the host/hostessing agent identifying the buyer as theirs and requesting that they honor that relationship.  This remedy can get tricky because the hosting agent and the listing agent may not be one in the same and sometimes there is confusion.

    Another remedy is for the Buyer to sign in using the Buyers' agent's name and not their own. There is no reason for the Open House host/hostess to contact them. A good Host agent will call those agents...let them know that their buyer was through their open  house and welcome a second visit with that agent.  In Wisconsin...that hosting agent is working for the Seller...being welcoming to all prospective Buyers is a part of encouraging an offer even if the host does not benefit financially.

       Understanding the obligations of the contract...the relationship it creates and the "rules" in place to make it work are key to everyone involved enjoying their "happily ever after"...hope these thoughts help Buyers, agents and Sellers all enjoy a prosperous spring season.

    If you or anyone you know in southeastern Wisconsin  is looking for their next "happily ever after" as a buyer or a seller...Call the Hansons, we are honored to be of service.

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Sally and David. This is excellent. I also asked my buyers to sign in using my name and their initials. 

Mar 16, 2016 10:24 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Sally. I have three dozen pre-qualification out right now, same time last year I had 19. Lots of buyers in the market place, good for all of us.

Mar 16, 2016 10:51 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Sally and David. Sage reminder as your part of the country enters the buying and selling season. Enjoy your day!

Mar 16, 2016 11:43 PM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

We've been lucky that many of our "buyers" have been loyal, but you never know. Although many states are buyer representation states, on Long Island, it's difficult to get buyers to sign buyer broker agreements. Constant contact is so important...

Mar 17, 2016 12:07 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Great advice, Sally and David. Buyers certainly don't necessarily understand how our business works wtih regard to representation, and their interest is in getting the home they like, increasingly a challenge in today's market. 

Jeff

Mar 17, 2016 01:06 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

This is so true Sally & David, you can end up with a world of trouble if you do not know the rules and laws.

Mar 17, 2016 01:50 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

LOL . . . great post!  Thinventory . . . that's a great way to put it and we're experiencing this in my local market as well.  

Mar 17, 2016 04:31 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally and David here in Ct if a Buyer has signed a Buyer agency with a Realtor and another Realtor writes an offer for the Buyer, procuring cause kicks in and the Realtor with the Buyer agency receives a part of the commission.

Mar 17, 2016 09:21 AM
Sally K. & David L. Hanson

Here George Souto that is a subjective call...if the other agent has been professional....as opposed to yelling and screaming "you STOLE my Buyer"...they may get a referral fee but it isn't required.

Mar 17, 2016 09:38 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Perhaps the best approach is to stress the importance of buyer representation as a safeguard to them. 

Warn them about what can happen when they don't have an agent in their corner. 

Mar 17, 2016 03:24 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

All to often, Realtors assume that the customer or client understands the nuances of the way real estate works, which just isn't true.

Mar 17, 2016 09:00 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Yup, excellent advice Sally...I wish it was a requirement here that the agent visit the house before closing...most times they never make it...believe me it is shocking.

Mar 17, 2016 09:48 PM
Roy Kelley
Retired - Gaithersburg, MD

This is very timely advice to share with home buyers and their agents.

Mar 17, 2016 11:30 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Excellent advice!  I would suggest the best way to create a long term commitment is take their first born and give back at the closing table...of course, this does not apply if diapers or breastfeeding are required!

Mar 17, 2016 11:43 PM
Sally K. & David L. Hanson

I am afraid Gary L. Waters, Broker Owner, Waters Realty of Brevard, LLC  there would be too many people too willing to do that :) !

Mar 17, 2016 11:48 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

These are great suggestions. I had this conversation with buyers yesterday that they had to be faithful to me. They seemed to understand but you never know.

Mar 17, 2016 11:59 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Sally and David -- some buyers "get" it and others may "forget" being told or what they have signed ---- in real estate and in life "stuff happens".    

Mar 18, 2016 02:41 AM
John Wiley
Fort Myers, FL
Lee County, FL, ECO Broker, GRI, SRES,GREEN,PSA

Sally and David, this is a great reminder. The Buyer's Agent should not only get a Buyer Broker Agreement signed, the agent will need to follow your steps to keep their buyer. I emphasize this to my buyers and make calls to open house agents to register my buyer. I also register my buyer with builders as the buyer can pop in to see a model home. 

My buyers have a stack of my cards to give to agents and they do a good job of using them.

Thanks for sharing. Enjoy the Selling Season!

Mar 18, 2016 06:15 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Great post and I have lost buyers this way.  On the other hand I have worked with some very loyal and nice people that have stood by me. 

Mar 18, 2016 10:57 AM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I'm sure there are what if you swindlers and snake oil salesmen around in this life, and real estate is no different

Mar 20, 2016 04:22 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

The bad ones weed themselves out and show who they really are pretty quickly. It's just the way it goes.

Mar 20, 2016 04:24 PM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

What great advice this is! Some buyers must be reminded more frequently than others.  I give buyers a small stack of my business cards to share with other agents, when they attend open houses.

Mar 21, 2016 11:08 PM