Thats a good rant. It is frustrating because a buyer is in love with the property and you set a time to see it only to call and its sold. 

You are right where I am.  In my state listing agents are required to present the offer whether there is one pending or not.  However, it could be a waist of energy all together.  I feel your pain.

Email the listing to the MLS.  My local MLS is good about making agents change these things.

Missy, I believe that this is the difference between being a "True" professional managing your own business and someone who is playing at being an agent or letting their business manage them. AJ

Years ago, while looking for a house in Central Florida, we fell in love with a house only to find that it was under contract.  Not sure that I've gotten over it and that was 2 houses ago!  I make it a point to call for availability and won't show until I hear back from the listing agent.

With my MLS, that would generate a fine! As it should! We need to respect each other's hard work and providing updated information is just one way of treating your Fellow Realtor with respect.

Missy: You have a right to RANT. This happens all the time.... and it is such an EASY task to do. Takes a Realtor a few seconds to PUT THE RIGHT STATUS in, and saves the selling agent, who is out showing that agent's listings, TIME and AGGRAVATION.

Great post!

Missy great post! I am a REALTOR at the Beach in Delaware and we to have companies that do the same thing.  Something we try to do (most of the agenciese follow this rule) is if you keep a listing active you put something in the Remarks so the agent will see the house has a contract and you know to call for the status.  Good Luck! 

Missy - Yes, R and S are guilty in my eyes, too.  Having eliminated fines at the Board level years ago, we've lost the ability to correct these problems.  If enough of us RANT about it, then maybe we can bring about a change.

LOL - I ranted earlier, too:) 

We have to accurately report the status of the listing within 72 hours of a status change. This would make me crazy! No wonder you are ranting!

Missy,

We have something similar called back up or B for short.I personally disagree with that status and I'll tell you why...when you take the home off the market and put it into pending then the sellers loses the possibility to more prospects if the deal dies half way or near closing...then what? they lose valuable market time they missed because the buyer backs out or doesn't qualify. Sellers don't want to take it off due to that reason.

There have been many deals that fall through because of the reasons I gave and I have been yelled at by a 2 agents even if they call and I tell them verbally that the seller requests in writing that it remains on the market until all due diligence is completed but can still submit an offer as back up in 2nd position. In my opinion...you have a better chance of getting a back up if it's in active status as long as you disclose it. Most agents do not call backup or pending just to see if there is an outside chance they can put in the back up. Also if you use a kick out clause...there is no way for the other agent to know this unless we disclose it verbally or in the MLS broker remarks. Most sellers I deal with refuse to take their homes off the market regardless until funding. Then the only way to make ammends is to go after the escrow. I understand your fustration but tha's just the way I have to do it.

Missy- Here we have CTG, meaning contingent. I agree with Neil and disagree with you on this too. I am a listing agent and my job is to keep marketing my sellers' properties. This is a big contention I am having with our MLS now because of all our short sales. Knowing how long short sales take, many times we lose the first buyer. After all that time, it is a detriment to the seller to lose all that marketing time. I have created a multiple offer addendum for short sales. I am not going to take a chance at our seller losing their home because no one here shows CTG properties! There are just TOO Many listings to waste your time showing CTGs. 

Missy...

This has always been a bit of a pet peeve for me...

Anything that makes the job more difficult certainly doesn't reflect us well as an industry.

TLW...ROAR!

Nothing new here.  Sad but true.  In order to plan a tour of homes, you have to contact the listing agent and confirm that the home is still fully available. 

Our MLS issues fines to listing agents who do not change status when a contingency date expires, but it doesn't help when the contingency date is never entered.  Uh huh!!

Listing agents know that the listing comes out of the IDX search results when it goes under "Contract".

Fact is too many have no concern for fellow agents.  Sad but true.

We have CNTY which is a simple contingency, INSP - inspection contingency, and SALE OF HOME contingency.  These are the most used.  But you would be surprised how many agents do not know how to use the contingency system or even that it exists. 

Missy...I wish we had that option on our MLS...I believe it is the sellers right not to say there is an offer that is contingent on there home when letting the next agent show.

We have the same ongoing problem here with "show" status.  Typically once on show few agents will give it a second look but every time we inquire about an "Active" property that really isn't being shown because an offer has been accepted we look suspicious in the eyes of the buyer....

Hi Missy,

It happens everywhere and usually it's a few that spoil things for everyone. Yes they do have an obligation to their sellers....however they also have a duty in membership. If that's what they agreed upon when they joined the MLS.

Some time ago our MLS has instituted fines for this type of behavior, it takes a while, but they (the non-compliant members) finally get the picture. BTW, our fines range from $500 first time to $1,000 for the second violation.

Katerina, and Neal, I know where you are coming from. I totally understand the motive, I am primarily a listing agent too. I have one right now we are still getting bids on, been CTS for 2 weeks. Have we missed showings ?

Yes I'm sure we have, but I have a responsibility to my fellow mls members to accurately report the current status and follow the rules.  Trust me I have been tempted many times, but I also know how frustrating it is to take buyers to go out, look for a home, find the one you like and then find out after the fact it has an offer on it.  

I drove up one day to show a house and it actually had a PENDING sign on the sign. But in the MLS it was active.

Lenn, Nothing new here.  Sad but true.  In order to plan a tour of homes, you have to contact the listing agent and confirm that the home is still fully available.

Yes that is the only way to confirm the true status. As I said I have asked my team to do this and one slipped through the cracks and now we are in wait and see mode.

Linda, I wish we had fines too.

Rhonda, actually I would not be surprised at all !!  

Kelly, we have the 72 hour rule too, but obviously it doesn't get followed.  

Kat, it is not the time, it is the motive to keep it active.  

Nancy, you still not over it is a perfect example of how it hurts buyers and out industry.  

Chuck, I would rather it be sold and some secretary forgot to enter it, than to have buyers fall in love with a house.  

Missy,

File a complaint with your MLS.  If nothing els there willbe a ruling on how the listings are to be classified.

The MLS will not go away, the MLS' primary purpose is to set rules for cooperating brokers to agree on compensation.  This is why non licensed people cannot join an MLS as you need a license to receive a commission.

-Ted

Your rant is worthwhile.  Agents/companies who fail to show proper status fail to show respect for their fellow Realtors.  Plain and simple the status should reflect the correct status.

Recently I wasn't able to connect with the listing agent before showing/writing an offer.  After spending valuable time with my buyers, writing an offer, the agent returned my call.  Of course he blamed it on the "front-desk."  

 I must admit, once burned I won't rush out to show his listings anymore.  With so many choices out there, I prefer to advise my clients to look at other options.

Agent reputations are hard to repair. 

Even if you call the listing agent or the listing firm they #1 don't tell you the truth or # 2 don't bother to call you back so you can get accurate status information. Frustrating! Rant on Missy!

OH my!  This was sooooo on my mind today.  I actually pulled up to show a listing and there is a big "Sold" sign on it.  What?  I had called 5 minutes before to set the appointment.  Another needed a short sale that was not disclosed but an offer had already been submitted to the bank.  That was 2 out of the 4 homes I wanted to show...

I run into this sometimes, but fortunately not that often. Certainly a valid rant. I have afew of my own. :)

Dave

This is going on here in PA. Lots of short sales and they already have more then one offer . Still active due to the bank taking 4 to 6 weeks to get back to the buyer.

Missy,
Does it help to know that the same thing is happening in other areas?  No, it doesn't help but you are not alone, we have the same problem and it is very frustrating.  Now, we've both ranted so I feel better, do you?

OUR MLS requires  brokers to post pending on the lsiting within 10 days of offer acceptance or it is a grievance issue.

Missy,

Our MLS is a little more clear.

As soon as there is mutual acceptance, the listing goes Active _STI (subject to home inspection).  This change must be made by the listing agent within 24 hrs or it is an automatic fine from MLS.

If Contingent on sale of the buyers home the listing goes Contingent.  Active and Contingent both still pop up as available listings.

Once the inspection is agreed upon then status goes Pending.  Pendings do not show up in any MLS search. 

In the case an inspection is waived, the status goes directly from Active to Pending.  

Short sales must be disclosed in the MLS, using a separate MLS short sale form.  Once accepted by the seller, no timelines are triggered until it is accepted by the bank.   A mutual accepted Short sale is changed on the MLS to Pending BU (Back up offers accepted).  The issue is that Pending BU does not come up on the searches for Active listings. The ones of us who understand short sales, know that Pending BU often means available.

We have given our MLS strong authority to fine members who do not follow the rules. All status changes to the listings must be entered in the MLS within 24 hours or it is a fine.  Fines increase if there are repeated violations.   This keeps most of our listings showing the correct status.   

I don't always agree with everything our MLS does, but at least with the ability to levy fines, or suspend users privileges, we are all playing on the same field.

List and Sell (and keep all listing status current) Gary @ RentonHomeFinder

Missy - That must have been embarassing for your team member and totally frustrating for the buyer.

Missy- I feel that the probability of the MLS rules resulting in a seller losing their home in a foreclosure because members will not show contingent properties is much more damaging than an agent having to call us to find out a listing has offers on it. We tell every agent what is up with each listing when they call for showing instructions. I would rather be inconvenienced a little bit and explain to a buyer that there is an offer on the property than to have one little status block on the MLS keep a seller from getting all the showings possible. Sorry to say but your duty lies first in your sellers if that is who you are representing and second to the members of the MLS, not the other way around. 

In short sales the buyer can walk at any time if they have a good buyers' agent working for them. Our short sale addendum even provides for effective dates to begin when the third party lender approves the short. Most of the offers will say even the earnest money is due upon acceptance and we can not blame them. So why would you put an offer pending when there is nothing holding the buyer to the deal only to be left out in the cold 2 weeks before a sale on the courthouse steps and rushing at the last minute to find another buyer and wasting months of time with no ability to show the property because of the CTG status.  

Now, once it is pending, which in my thinking means in a short sale, that the third party lender has accepted a price on an offer than it is right to place it pending and then sold when it is closed. 

It's always frustrating when something is set-up to communicate better and it gets ignored...problems all around.  Rant, Baby rant...we're all here for you!

We are a prettty small area here and most everyone knows everyone else. We have a "pending" status and a "pending with notes" status. 72 hours is what we have to notify of current status. Pending with notes - call the listing agent find out what is up, then decide to show or not. 

I feel for your buyers.  Being in a back up position on the house you really want can ruin your week!

we had a company that was famous for this - our board - well they instituted a fine for this $200 per day - after the third day - does not seem to happen so much any more - we do not have a CTS - we have Active, Contingent, Pending and Sold - Contingent can only be used for things like contingent on a sale of another home.... bank approval - no home inspection or stuff that is "normal" 

This is a frustrating situation... we have it happen here all the time as well.  As a L/A my obligation is to the seller.  I am obligated to protect and promote their best interests and that sometimes means the house stays active even though our local board gets in a snit.  We talk to everyone that calls for an appointment so it's easy to head off any issues with showings and we're always up front with respect to status when a fellow agent calls.  Being proactive and upfront here is without a doubt key.  It does make more work when setting up appointments for buyers, but I understand the other side of the coin.  Buyers can simply move to another property... frustrating as it is it doesn't really compare with losing a potential buyer or buyers because a transaction crashed.

That is frustrating. I showed one Sunday that the status was in limbo.  

A real estate educator  from another  market (mls, real estate association ) just south of us talked about that being the norm in his market and being in the best interest of sellers. They are more small town, rural, probably have less transferees coming in from out of town than we do in parts of Central Ohio.

Ted I agree that is the purpose of the MLS. 

Katerina, well in your situation they have to call you and Nestor to set up a showing, but here we normally set them up through the office and the front desk doesn't have a clue. So you have the opportunity to tell the buyer agent the current situation on the property. But, very few agents set their own showings here.

Kristal, that is why I told my team and myself to speak directly with the listing agent on ANY of their properties. 

Maureen, hump....I hear ya.  

Laura, :) 

Missy,

I understand yours and others frustrations but I can tell you one of the reasons our MLS data is inaccurate as far as days on the market goes is because when the agent takes it off the market and then has to put it back on and it screws up the true statistics. I understand you have to protect your fellow agents but we are supposed to protect the public first. Any agent who calls me will get exactly the real true story and they may show any property as a back up and I always tell them up front the truth. If they feel they need to file a complaint then they may...just remember if the deal falls through because of the reasons mentioned...then I'm sure the seller will a complaint against the agent that wasn't looking out for their interest as well. I think the biggest pet peeve is because agents are pissed off after they call and find out there is a contract....well I'm sure there are plenty of others they can show. I bet if the shoe was on the other foot most people would think otherwise. Just try to put yourself in the sellers shoes.

I had a seller that requested in writing to keep it active until funding...am I supposed to tell them no? And then they buyers agent gets a false approval or they didn't like the inspection report? There are many sellers right now that need to sell as soon as possible and I'm sure if you did a poll you would see that they wouldn't be happy if they lost valuable time. I'm primarily a listing agent but understand the buyers feelings too but it still doesn't mean the seller should be penalized and especially now when the most markets are tough for sellers. I always offer the agent the choice to show it or not. Back up status to me is a waste....not many agents look at it so why even bother have the status. To me it's just like pending and it's rare that an agent would call just to see if it's still available. I'm not saying the agents are perfect but I have no problem answering the call personally to tell them what's going on.That's just my opinion

I understand that our obligation is to the seller as a listing agent, but we still have to follow MLS rules, so for us, that means we have to put in the correct status or we will be fined/disciplined. It's not just about what is in the best interest of a seller, however, but what is in the best interest of a buyer as well. Buyers and their agents deserve to know the correct status so that they don't waste their time. If a buyer knows that it is a HC48 (home to close contingency with a 48 hr kick out) that is very different from a HS48 (home to sell contingency with a 48 hr kick out). A buyer can choose to view a property and structure their offer without those contingencies and have a better chance of either being the back up position or kicking out the previous buyer who does not want to take the chance and remove their contingency. I think knowledge is power and it's more fair for both parties. Like you, we set up appts through the office, not through the agents.

MISSY - This is one of the most frustrating part of working with buyers, and it has nothing to do with the buyers themselves.  It's all about agents that have no respect for the time and money of others.  At nearly $4/gallon, appointments should count, and not just become a waste of time.

By the way, you mentioned that the MLS as we know it is going away.  What did you mean by that?

Missy,  I totally agree with you, but I can't believe that your MLS doesn't fine these people for not properly submitting the status change with a certain period of time.  I think we have to do it within 48 hours here.      

Missy, how annoying with that kind of status. With Realtors having 48 hr to change the status sometimes Active is really Active Option here and you just don't know there's a contract on it.

MISSY, we have a couple of big teams that do that here also.  It is so ANNOYING!!  To me it says my time is important but yours is not.  They want us in a back up status in case something goes wrong but is there any thought to the poor buyer who falls in LOVE with the house.  You can tell you have hit a sore spot here.

Missy, our board has rules that the statuses of all listings has to be updated withing 72 hours.  If I don't turn in a listing within 72 hours, I get fined.  Same can happen with contracts.  They go in as pending contingent financing, or pending CCO if it is a contingency contract offer, or pending/other if it is cash.  

Hi Missy...We have Active, Contg/KO, Contg/No KO, Contract, and Sold.  Status must be changed within he time period allowed by our MLS rules other wise we are fined.

Contg/KO means there is a Contract with Contingencies that have a Kick Out Clause (usually the  sale of s home) while Contg/NO KO means the contingencies deal with things like home or radon inspections.  There is also a place where the date when the contingency is to be removed.  This gives us a pretty accurate idea of the current status unless a contract is being negotiated. 

We rely on other agents to keep the status current and if they do not they are fined by our MLS.

We are given showing instructions in the listing and generally do not need to contact the listing agent.

We also live by the Code which obligates us to be honest to all parties involved, that includes not only our clients but also other parties in a non-agency capacity and other REALTORS.

If someone violates the Code they can and should be reported.

Kathleen

One of the MLS's that I belong to (Mirealsource) is absolutely wonderful about enforcing the rules.  I called about one home last week that has been annoying the heck out of me (pending, but still showing on market and buyers getting upset when they see it "active").  The gal at Mirealsource took care of it within hours.  Very impressed!

Missy, I'm with you.  Not reporting the listings correctly leaves egg on all of our faces with buyers.  I won't tolerate that anymore, now I'm a tattle tale. 

I have the same thing here in New Jersey-There is a listing agent that has in the MLS listing.

 Homeowner can accommodate a quick closing- When in fact it's a short sale, has taken numerous contracts on it- no attorney on either side- and it's still Active- My buyer is bringing it to the Real Estate Commission

Hello Missy:  In Marin, our MLS requires us to update the status within three days.  Although the problem is the enforcement.  They don't know the problem unless it's reported, and only the other party who has an accepted offer knows a property is contingent... So, it's difficult to catch the ones who violate the rules.    Sylvia

Missy,

As I am in your market I thought I would share this with you.

It is a violation of our REALTOR COE to mis-represent the property or the transaction. And advertising a home as available when it is under contract is clearly mi-representing the transaction.

It is also a violation of MLS rules past the 72 hour point but since there are no fines there isn't much leverage there.

In the last four years we have filed three ethics complaints related to this behavior with 3 different brokerages. Only one was professional enough to contact us, fix the status and appologize.

The other two actually went to hearing. In both cases the panel decided that it was "unintentional" and the respondents got off without any punishment. (One of these agents is a mega producer and has a long-time habit of this. I think her broker is probably afraid of her.)

However, now that we are practiced at filing the complaints, we have had less grief. When we find a property is under contract we notify the MLS and they have the authority to change the status. If it doesn't get changed we will file an ethics complaint.

As far as telling lies to home buyers because the seller has asked someone to... Our REALTOR COE is clear that is not an excuse for breaking the rules.

If that justified breaking the rules then we could just contact the sellers directly and ask them if their home is under contract. Hey... it could in the buyer's best interest.

And, we could remove the keys from a lockbox after a showing so other agents couldn't show the home.

And, hundreds of other things that are unethical, but could be in the buyer's best interest.

So there  is my Rant!

Thanks Jon, I appreciate your stopping by to comment. It is hurts everyone and especially the buyers who fall in love with a house only to find out it is under contract. My daughter wrote an offer the other day for full price with 3% back in closing costs. The bank said no it would only take an amount 15K over what we offered. The listing agent knew this and still listed it under what the bank said, because he knew it would not sell with the work needed. Have you ever heard of this one? I sure hadn't. Ridiculous.

Metro Detroit is out of hand on not keeping Realtors in check on pending or cts.  Realcomp is letting lazy realtors get away with not doing there job.  I am showing a lot of homes right now and there is usually 3 or 4 a day that are listed incorrectly.  Sold, pending.  The MLS needs to straighten this out.  Start penalizing these Realtors.  You are wasting my time!

Missy, we also have the pending CTS, pending, option pending, and so forth. It's just human nature to avoid that listing unless the client specifically wants to see it! Although, sometimes I think agents pop that up there to avoid showings...if they are trying to get a deal to come together. Maybe that just makes me jaded and distrusting? Thanks for the rant. We all have to do that now and then! You go girl...Later in the rain~Deb

Not reporting the true status sounds dumb. Do they think they are gaming the system? Or what?

I share the same problem, it is a waste of time for all!

Our MLS fines for not having proper status within 48 hours. That being said, I think MLS should have a different designation or modify the search return to bring up those houses that are under contract. That way the listing agent can continue to market the home fully and the buyers agent can tell the buyer the home is under contract with this situation and let the buyer make the decision on whether to see it or not.

I totally agree. I won't flag my listings.  I don't even take clients to Active with flag listings.  Great post.

The Flint Area Association did a similair status.  If the home is REO and the status is just active, I always call.  Most of REO people are thankful for the new field.

Thanks for the post Missy.

Missy,

We have the same problem here.  It's embarrassing and makes the agent caught in the crossfire look like they don't know what they are doing, when if fact they are relying on all the agents who are part of the MLS to play by the same set of rules. 

Missy,

I totally agree with you!  What happened to respect for you your own profession.  I don't want to waste my time or anyone else's just change the status. 

They could even go a step furthur and change the showing status to "must call" so they could at least verbally tell use on the phone and give us the option of showing  a property that is under contract.   Then we would at least have the option of "wasting" our time and our clients.  I know that several of my clients have taken note of when this happens and they are not thrilled with using or looking at properties listed by those companies- I guess it all comes back to us in the end.  I am sure that some of my clients pass the word onto others that these particular agents/ companies are not doing thier job nor are they interested in looking at their listings in the future.

I hope word gets out!  Thanks for bringing it to the table!

Shanna Hall

Missy: Here we have Active-Inspection, Active-Financing ect. These show up as Active with a yellow box on the line item report and when the actual listing is opened, it will show which contingency. I agree all realtors / Agent if not a Realtor.

Roland that is a good one, which MLS provider do you use ?

Shana, that is also a respectful thing to do, just change it to must call the agent.

Fran, exactly, it makes us all look bad.