I got myself entangled in a discussion on a well written post by Ben Myers about a case of a new agent, who agreed to an early termination of the Listing, and then found out that the agent, who got that Listing, spoke to the Seller while the property was listed. Check it at When is Enough, Enough? Ethics Concerns It is a good post and tons of comments.
I do not know what happened there, and how it happened, and I am not that much into it, as this side does not interest me in this case. I thought that looking at it only as a Code violation is half of the issue. I am not defending the another agent. I was thinking that situations when a Seller feels unhappy, and wants out, happen for different reasons. Our regulation is still our regulation, and this is a problem when we have to tell the Buyers or Sellers HOW THEY NEED TO ACT because of our regulations. What if they do not feel this way? This is their house, this is their money at stake. What do you mean they can't walk away from the listing? Or, they signed it, and this is a contract. But they are unhappy. What is the right thing to do? Is this a marriage with no right to divorce?
Decent Sellers would be devastated. They sort of owe loyalty to the Listing agent, and they are being told that they do, but now they feel that this is not their best business decision. What should they do? Should they stay with the listing agent and risk their biggest investment at this point, as they lost confidence in the agent, and now no matter what the agent does, there will be no peace of mind; or say that they are in that not for the loyalty to anyone, but to themselves and act accordingly?
Our office is a walk-in office, and people come and ask questions and grill us, and then say that they have an agent, even though they said 'no agent' before? If they come to me 2 days later and ask if I take the listing, what do I need to do?
When Sellers are not happy, they start talking to other people, their friends and relatives, and those, in turn know agents, and they talk, and there is nothing we can do.
Let's look at the following scenario: The Sellers are told to forget about cancelling the listing, they clinch their teeth and stay. They are not happy, never forget that they were cornered. Sell or buy, and now hate us for life whether we send them the cards every month or not. Why are we surpised by people walking into our office and refusing to sign a non-representation notice? IS IT BECAUSE THEY WERE ONCE SCREWED? Using our ethical system, which did not have them, the Buyers or the Sellers in mind?
I am saddened reading comments about not letting them off the hook easily. Sort of technology how you can make sure that they can't get off the hook, once signed...
Here lies the explanation why realtors (3,800,000 sites on Google) are hated more than car salespeople only 978K), and even more than attorneys (2,140,000).
If we approach them trying to help, and then turn around and say that they can't get out, do they feel that they have been helped, or that they have been hijacked? Are we coming as wolves in sheep's skin?
Well, we put $0 in the cancellation fee, and we waive the right to collect the direct cost of advertising. This is a cost of learning that we were not at our best, that somewhere we made a mistake, and we need to pay for it so that we not make it again.
Of course, I understand that there is the other side of this coin, where people just take advantage of you in all forms and shapes. It is not that I admire it, it is simply the theme for a different blog
Jon Zolsky, your Daytona Beach connection
www.BeautifulFlorida.com
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