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What Constitutes Poaching?

By
Real Estate Agent with I serve buyers and sellers everywhere in San Luis Obispo County BRE #01839596

When I first started with Coldwell Banker, it was reinforced many times to me that I should always ask a new contact if he/she is working with an agent before I start showing homes, creating a listing contract, etc. Taking someone's client, even if the other agent doesn't have a written buyer's contract or listing contract, is considered to be "poaching."

And then I had a call from a realtor friend in Los Angeles this afternoon. She had been working with a prospective buyer for over a year, showing him homes, but he had not yet made an offer (he has very specific requirements, which is why it was taking so long to find just the right thing). Then over the weekend, he found out about a home that is available near when a friend lives, and made a lowball offer on it through an agent in the listing agent's office. My friend found out about it when she called to tell him about the very same house, that she had also just toured. She's angry and hurt, and I would be, too.

Even if she did not have a contract with him to serve as his buyer's agent, isn't this unethical? I doubt that there is anything legal she can do at this point, but isn't the other agent in the wrong for not ascertaining that he was working with an agent already? And of course IMO he should have known better after taking a year of my friend's time. Thoughts?

Posted by

Sonsie Conroy             
CA Lic. No. 01839596
Keller Williams Central Coast Realty
San Luis Obispo, CA
Cell: 805-235-2351
Email: sconroy@slonet.org
Website:www.sloliferealestate.com

Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Did the other agent ask the question?  How did the client respond?  Did the listing agent ignore their response if the buyer said "I have an agent" and make them an offer of a better deal if they went through them?  There is so much you could uncover by asking the client the questions.  You could have a case for procurring cause but sometimes you just have to say a few choice words (to your self) and move on.

Jun 30, 2008 11:05 AM
Sonsie Conroy
I serve buyers and sellers everywhere in San Luis Obispo County - San Luis Obispo, CA
Energetic, Enthusiastic, Knowledgeable Realtor

Somehow my first response got lost in the system. Darn!

My friend doesn't know (and probably never will know) whether the other agent asked the magic question, and, if so, what the client answered. The client is an experienced businessman, so I feel pretty certain he understands the scenario...that my friend has spent over a year working on his behalf, and will lose any chance at a commission if his lowball offer is accepted. I don't think she actually does have a case for procuring cause, since the client found the property just before my friend did and made the offer just before she called to alert him to its availability.

I guess a handshake isn't as good as a contract, huh? It's really too bad.

Jun 30, 2008 04:12 PM