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I Can't Interfere In Your Agent's Business

By Liz and Bill Spear

Real Estate Agent with Transaction Alliance 513.520.5305 www.LizTour.com SAL.2002007747

July 21, 2017 03:47 PM

Every now and then we get asked questions we can't answer, and it's not necessarily because we don't know the answer, but because we can't get involved in another agent's business with you.

Basically if you've hired an agent to help you sell your home or buy one, they're your HIRED subject matter expert. We can't interfere. If you've got misgivings about what they're telling you, you've got two choices:

1. Express your concerns to your agent's broker. Unless your agent IS the broker for the office, your agent works for a broker and that broker is responsible for what does and doesn't happen with the office agents. Brokers are more experienced and have incentive to keep their office, their agents AND you on the right track and having a good experience.

2. Your other option is to consult with a good real estate attorney. And while a real estate attorney can't help you with pricing a home or marketing or some of the day to day things real estate agents do, a real estate attorney is exactly the person you need if your contract is going sideways and the trouble you're having could lead to court.

Contract law is complicated and I'm NOT an attorney and nor are most agents. We work within the boundaries of contracts that are developed and reviewed by real estate attorneys. We fill in the blanks on a Cincinnati MLS contract in the appropriate place and that's where our legal authority stops. And we're not even getting into the wonderful world of legal liability, and giving advice to someone who is NOT our client but belongs to another agent? Can you see where that might be a problem?

So if you need specifics on what to do if the seller decides not to sell to you, or won't move out, or if the buyer wants out of the contract, see options 1 & 2 above. Because unless you've hired us to be your agents, that's all we can recommend.

Want to talk about something we CAN discuss? Call or email us, 513-520-5305 or Liz@LizSpear.com.

Liz And Bill aka BLiz

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Praful Thakkar

LAER Realty Partners - Burlington, MA

Metro Boston Homes For Sale

Liz and Bill Spear - this happens often as many times, the clients - especially buyers - start working with an agent too soon - like meeting at the open house or showed one of his or her listing based on a sign call!

And within few weeks - sometimes days - they just realize it is not a match!

However, we should not interfere with someone's contractual relationships.

Jul 22, 2017 10:21 PM

Liz and Bill Spear

True, sometimes there is no hiring process at all. Just right place, right time, and it doesn't mean they're the most qualified. I get a lot of calls from potential patio home buyers who are looking for info and find us because there agent doesn't know the niche well enough to help them.

Jul 23, 2017 12:26 PM

Barbara Todaro

RE/MAX Executive Realty - Happily Retired - Franklin, MA

Previously Affiliated with The Todaro Team

Good morning, Bill.... this type of scenario happens more often than most realize.... agents must follow your guidance here and give the caller some proper direction....and you're not included in that scenario...

Jul 23, 2017 03:51 AM

Liz and Bill Spear

All we can do is point them to the right people (their own agent/broker or real estate attorney).

Jul 23, 2017 12:27 PM

Sheila Anderson

Referral Group Incorporated - East Brunswick, NJ

The Real Estate Whisperer Who Listens 732-715-1133

Good morning Bill and Liz. This is focused and very true. Most hope never to be in this situation.

Jul 23, 2017 07:04 AM

Liz and Bill Spear

And we hope they don't have to be, but there's so much misunderstanding amongst the public as to how things work that confusion seems pretty common.

Jul 23, 2017 12:27 PM

Kathy Streib

Cypress, TX

Home Stager/Redesign

Bliz- I'm so glad that Anna Banana Kruchten, CRS reblogged this or I would have missed it. I'm sure there are many sellers and buyers who think that the agent they questioned doesn't know the answer and should. What they don't understand is that your hands are tied if they're working with another agent.

Jul 23, 2017 11:41 AM

Liz and Bill Spear

And sometimes even when we are their agent, we can't answer the question even if we know (e.g. fair housing type questions).

Jul 23, 2017 12:28 PM

Susan Haughton

Long and Foster REALTORS (703) 470-4545 - Alexandria, VA

Susan & Mindy Team...Honesty. Integrity. Results.

Absolutely what Chris Ann Cleland said - be sure upfront you hire the right agent, otherwise, you get what you get and may need an attorney to untangle the mess.

Jul 23, 2017 03:02 PM

Jim Harper

Marietta, GA
Chris Ann Cleland

Gainesville, VA

Liz and Bill Spear

And if they think agents are expensive, just wait until they get the attorney bills.

Jul 23, 2017 07:37 PM

Alan May

Jameson Sotheby's International Realty - Evanston, IL

Home is where the hearth is.

Many agents aren't good at silence. It's a valuable skill that can take time to learn.

Jul 23, 2017 03:17 PM

Liz and Bill Spear

It goes against our normal nature to help, but there are boundaries.

Jul 23, 2017 07:40 PM

Mike Cooper, Broker VA,WV

Cornerstone Business Group Inc - Winchester, VA

Your Neighborhood Real Estate Sales Pro

Bliz, this should be a good warning for any and all of us. I get those calls too, and I decline the opportunity every time. It just looks like a landmine of trouble to me. Referring the individual to their attorney is good advice.

Jul 23, 2017 05:33 PM

Liz and Bill Spear

When it gets complicated, a good real estate attorney may be able to unravel the mess.

Jul 23, 2017 07:45 PM

Beth Atalay

Cam Realty and Property Management - Clermont, FL

Cam Realty of Clermont FL

Bill and Liz, sometimes all we could do is to guide them in the right direction. You've offered excellent advice and the only one, they may not understand why we can NOT say anything or offer our opinion but it's the right thing to do.

Jul 24, 2017 01:09 PM

Eileen Burns 954.483.3912

Fort Lauderdale, FL

Liz and Bill Spear

It has to be frustrating for the consumer, but there are barriers that we can't cross.

Jul 24, 2017 05:06 PM

Dorie Dillard Austin TX

Coldwell Banker Realty ~ 512.750.6899 - Austin, TX

NW Austin ~ Canyon Creek and Spicewood/Balcones

Good evening Bill and Liz,

OMG how did I miss this one. I'm so glad that Anna Banana Kruchten, CRS re-blogged. Excellent advice..keep our eyes on our own paper

Jul 24, 2017 05:01 PM

Jim Harper

Marietta, GA

Liz and Bill Spear

We have to, even when we don't want to.

Jul 24, 2017 05:07 PM

Stavrula "Sam" Crafa, RNC,GRI, CDPE, PSA

Future Home Realty - Seminole, FL

Providing the integrity and service you deserve.

I've had people come to me to ask questions when they were working with another Realtor. And when you tell them you can't advise them, they get upset sometimes. So I refer them to the Realtor Code of Ethics and then proceed to tell them exactly what you advise: talk to their agents broker or consult with an attorney. Great post.

Jul 24, 2017 09:25 PM

Liz and Bill Spear

I can understand them being frustrated, but it's a line I can't cross.

Jul 25, 2017 11:42 AM

Dorte Engel

RE/MAX Leading Edge - Bowie, MD

ABC - Annapolis, Bowie, Crofton & rest of Maryland

Dear BLiz,

Good advice. Not much good comes out of advice given in a situation, where you do not know all the details.

Jul 24, 2017 09:34 PM

Liz and Bill Spear

And that is the other thing, what is being left out? The one version might demonize the agent, but with full facts in place they may have done exactly what any of us would have done.

Jul 25, 2017 11:43 AM

Patricia Feager, MBA, CRS, GRI,MRP

DFW FINE PROPERTIES - Flower Mound, TX

Selling Homes Changing Lives

Great blog post! I saw that Anna Banana Kruchten, CRS re-blogged it and was glad. Congratultions on your feature!

I have a feeling that if all agents were put to the test and had to take their license exam again, many would fail. And that is very unfortunate!

Jul 24, 2017 10:12 PM

Sharon Tara

Portsmouth, NH

Liz and Bill Spear

So much of what we had to take on that exam didn't/doesn't actually help us do a better job for the client. All those legal terms that we never see again for instance?

Jul 25, 2017 11:44 AM

Sharon Tara

Sharon Tara Transformations - Portsmouth, NH

Retired New Hampshire Home Stager

I'm not an agent and I get asked advice from staging clients who aren't happy with their agent. It's awkward to say the least, especially if the agent hired me.

Jul 25, 2017 04:25 AM

Liz and Bill Spear

Definitely awkward!

Jul 25, 2017 11:44 AM

Lottie Kendall

Compass - San Francisco, CA

Helping make your real estate dreams a reality

Bliz, well said! You've explained this matter in a polite yet clear fashion.

Jul 25, 2017 05:32 AM

Liz and Bill Spear

I try :)

Jul 25, 2017 11:44 AM

Sharon Kowitz

CRS-SRES-ABR-GRI-E-Pro-CREN ~ COMPASS RE - Cary, NC

Cary, NC Relocation Specialist ~ Buying or Selling

Great message and unfortunatly there are people you can never make happy evening while doing a great job.

Jul 25, 2017 05:33 AM

Liz and Bill Spear

And there is that element too. We do our best, and a client can grab on that one thing that didn't go perfectly as the "highlight" of the transaction.

Jul 25, 2017 11:45 AM

Marte Cliff

Marte Cliff Copywriting - Priest River, ID

Your real estate writer

It's strange how people can sign a legal document without taking time to realize what it means.

Jul 25, 2017 10:28 AM

Liz and Bill Spear

I had a FSBO seller last year that was most unhappy with me for that very reason.

Jul 25, 2017 11:45 AM

John Dotson

Preferred Properties of Highlands, Inc. - Highlands, NC - Highlands, NC

The experience to get you to the other side!

In real estate, you almost always get more than what you pay for. Some agents are better equipped to "get the word out" than others, but in almost all cases the Seller is getting services they are not having to pay for - until the house sells. As a Buyer, just getting in my car and being "chauffeured around" is my monetary risk that you will buy.

Now, I'm not taking up for "crappy" agents, but as some folks have commented, there are Sellers out there that are never satisfied until you have spent more money on them than you will make in commission.

If you have made it to contract and have misgivings, talk to the agent, talk to the Broker and then talk to your real estate attorney - in that order.

Use the Chain of Command - things will always go smoother.

Jul 25, 2017 11:37 AM

Liz and Bill Spear

Ex-Navy here, so C-o-C works for me :)

Jul 25, 2017 11:45 AM

Kimo Jarrett

Cyber Properties - Huntington Beach, CA

Pro Lifestyle Solutions

I get this frequently and directing them back to their agent for advice is sometimes difficult even after explaining why agents can't provide advice to consumers already under contract.

Jul 25, 2017 02:42 PM

Liz and Bill Spear

And that's the key, a contracted relationship. I can't step into that.

Jul 25, 2017 03:05 PM

John Wiley

Fort Myers, FL

Lee County, FL, ECO Broker, GRI, SRES,GREEN,PSA

A crucial point you make is knowing where the line is and don't cross it.

When a consumer has another agent we must back off.

I like your 2 suggestions of the limits of what we can offer them.

Thanks for your post.

Jul 25, 2017 02:55 PM

Liz and Bill Spear

At least we can give them that guidance.

Jul 25, 2017 03:05 PM

Gary L. Waters Broker Associate, Bucci Realty

Bucci Realty, Inc. - Melbourne, FL

Eighteen Years Experience in Brevard County

Over the past week I have had two occasions where people asked questions that were out of my bally-wick... call an attorney, folks, if it is legal advice!

Jul 27, 2017 05:29 AM

Liz and Bill Spear

And for sure send them to an attorney when they're getting into legal issues!

Jul 29, 2017 07:00 AM