Special offer

Is it shrewd, or just bad business?

By
Real Estate Agent with Joe Wiessner Realty

 I was driving through a pretty heavy rain storm on the way back from our monthly support session, when I got a phone call from a friend of mine that was trying to sell his house on his own...that's right, a FSBO.

He calls me on occasion to let me know if the ideas and tips that I periodically give him, work or didn't work. (its actually good to get feedback...since it allows for me to keep tweaking and re-tweaking the various marketing systems and messages that I use on a daily basis) And yes, I will eventually get the listing!

Anyway, this call is a little different. He relays to me, a scenario that he just went through that kind of had me at a little bit of a disadvantage...and feeling somewhat uneasy.

A woman called on his ad and asked if the house was still available. He replied that it was. The woman then identified herself as a Realtor and that she defintely had a buyer for his house, but that she would only bring the buyer to him if he signed a listing agreement.

After a couple of phone calls and an email (the agent apparently Googled my friends name and got his email addess) between my friend and the agent, my friend decided not to continue speakng with this agent.

He told me that he later found out that "the Buyer" was the agent's husband. My friend wanted to know if that was the normal way to do business...it seemed a bit unethical to him.

Now, I have two issues with this scenario.

  1.    It goes against my gain to tell a seller that you have a buyer for their house, but you'll only get the two together if they sign a listing agreement. (after they sign the listing agreement, a "real buyer" never actually appears. Instead, the seller is given one of several excuses as to why "their Buyer" couldn't buy the house. Because they changed their mind, or found a better house, or the mortgage rep made a mistake in the    pre-approval process...you get the picture.) I run across this ploy far too often, and I certainly feel that this is definitely unfair to the seller.

 This sounds very similar to the "I'll provide you with a Free home inspection if you list with me" sales come-on.  NJ Law requires the free gift or service to be given to the prospect regardless if they list or not. and be so stated in all correspondence, or risk losing your license

 

  2.    If I know that my spouse and I are looking to purchase investment properties, and one of us is licensed, is it shrewd to approach a FSBO and require them to sign a listing agreement before I submit an offer to purchase...just so I can squeeze out a commission, or is it bad business?

 

I would like to know your opinion. What would you do? How would you respond to a friend that was faced with this scenario?

I am putting these two scenarios in front of our board for my own clarification. As far as I'm concerned, I would never do something like this...I like to sleep soundly at night.

 

Thank you for taking the time to read this and I hope all of you have great successes,

Edward Fox

Sellstate Innovative Realty

333 Tilton Rd.

Northfied, NJ 08225

cell-1-866-4Ed-Foxx

cell-609-513-2989

fax-609-704-8526

www.teamfoxonline.com

www.GetTheUnfairAdvatage.com

 

 

 

 

Abacus Properties, Inc. DBA Apple Dream Homes
Abacus Properties Inc. - San Diego, CA

I think it is unethical. But if she really had a "real" buyer for the property, it would be shrewd to negotiate a commission!

May 20, 2008 02:56 PM
Suzanne Cutler
SUCCESS! Real Estate - Braintree, MA

He should tell the agent that he will sign a listing agreement for one day so the agent can bring his/her buyer.  That way if the agent is telling the truth about having a buyer the house will get sold.  If the agents buyer disappears then the listing will expire at the end of the day. 

 

May 20, 2008 02:59 PM
Jimmy McCall
JimmyMcCall.com - Cunningham, TN
The Ex-Mortgage Consultant

Edward.  I guess your friend could sign a one day listing agreement and offer 2% to the agent.  After one day if no offer is made then the contract expires.

May 20, 2008 03:03 PM
Jimmy McCall
JimmyMcCall.com - Cunningham, TN
The Ex-Mortgage Consultant

PS. Welcome to Active Rain and congratulations on your first blog post.  Good luck and happy blogging.

May 20, 2008 03:06 PM
Linda Lipscomb
Linda Lipscomb RE/MAX Lexington Henderson County TN - Lexington, TN
731-695-1118, Lexington TN Homes

I would sign a one day listing or a listing for that particular buyer......she would then have to identify the buyer on the listing agreement.  I would call her hand.  Put up or shut up.

 

 

May 20, 2008 03:12 PM
Chuck Carstensen
RE/MAX Results - Elk River, MN
Minnesota/Wisconsin Real Estate Expert

I think a lot of agents use that script.  I did not use it when I tried to prospect FSBO.  But I would her from them that other agent said they had buyers all the time.

May 20, 2008 03:17 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

Your friend had the good sense to figure something was amiss. I consider that agents' behavior unethical and paints us all in a bad light.

May 20, 2008 03:26 PM
Mike Kelly
Sellstate Advantage Realty - Cape Coral, FL

You are a natural, great post! By the way just as you have heard 24 hour listing agreement for a particular buyer! Welcome to AR and keep up and you will see the benefits!

May 21, 2008 03:18 AM