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For the past several years, I have had an idea that I think would help to level the playing field a bit for real estate agents in any market.  I have shared this with many of my personal clients, but never publicly...until now.

Consider this: When you are working with buyer clients, and they are interested in making an offer on a property, you then contact the listing agent to let them know, right?  You might request a seller's disclosure, or a survey, or both, along with asking a few other questions.

How many times have you heard one of these phrases from a listing agent at that point:

"We have another offer coming."

OR

"I am expecting at least one other offer."

OR

"I just got another offer.  I will present yours and theirs at the same time."

At this point, you have no proof that any other offers exist, correct?  You must depend on the ethics and honesty of the other agent.  Let's face it - this is awkward sometimes.  I can't even count the number of times that I later figured out that the listing agent was CLEARLY lying about other offers.  In fact, there is one guy here in Austin who is notorious for saying one of the above phrases EVERY time that he gets an offer in hand, so much so that I was able to tell my clients not to even give it a second thought.  Sad commentary, huh?

 

But how could we solve this, you ask?

Simply put, I think we need a third-party clearinghouse service for offers.  Nothing horribly complex, just a service to track whether a specific property has any current offers in place. 

I think it would be amazing to be able to log in to a simple website, look up a property and see a field with "OFFERS" and perhaps just a number there.  If you see a "0", you would know that the property is fully unencumbered and available.  If you see a number, you can use this to help your clients make the strongest offer that they are comfortable making.

Since there are over 1 million Realtors now (I think), NAR is collecting a ton of money at this point.  This seems like the type of service that should already be included in our dues, in my humble opinion.  At least then I would begin to feel like I was getting some actual value for that payment.

The only objection I can think of from listing agents would be the amount of time involved if you have to register each offer with the service.  I understand this, since it couldn't just be a simple email or text message.  Instead, some valid proof would have to be provided to the third-party service involved. 

Think about this - we could even be heralded for creating new jobs for the staffers of this newly created company!  Real estate heroes!  Additionally, our integrity index with the public would go WAY up, since we would be demonstrating to the world how honest and accountable we now are as an industry, at least with regard to price negotiations.

You would never again have to hear a client say, "I wonder if we could have gotten it for less.  Maybe we offered too much.  I wonder if they even HAD any other offers on the table."

It's just an idea, but I think it has real merit

Thanks for reading! 

UPDATED: After reading some of the comments below, I'm not sure if this would be the perfect method or not, but I do sincerely think a better system could be implemented, giving all of us a leg up in the respect department with consumers. 

A couple of ideas: As Alan May mentioned in his comment, he would be comfortable knowing that the broker in charge had reviewed the offer situation and that the buyer's agent's broker could confirm that directly, including allowing for some extra questions that could be posed.  

I am starting to think that if a third party system of any sort were implemented, the offers should go DIRECTLY to that service first, eliminating the gamesmanship completely (fake offers, etc.).  Keep in mind that this wouldn't create ANY extra work for agents, but everyone would be on a level playing field. 

     

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197 Comments on My Plan to Change the Real Estate Industry Forever! (Sounds Humble, Right?)

FEB
27
2009
103,722 Points Hit Router Attended Rain Camp

Jason - Great idea but don't give NAR any ideas. There is NO WAY they would ever do anything using the massive amounts of money we already pay. They would UP the fees for sure.

Wouldn't it be nice if truth was something people actually practiced every day in everything.

11:11pm • #1
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Susan - Maybe I should just set this up myself outside of NAR.  Glad you like the idea - I think it would take away a lot of the guesswork, frankly.

11:12pm • #2
154,372 Points

It's just an idea, but I think it has real merit. 

Good ideas can change the world, or an industry.  I say it's a GREAT idea!  However, I wonder if an outside party might be a good alternative to NAR.  You would want strict confidentiality.  What about Price Waterhouse?  :)

11:17pm • #3
154,372 Points

Oh!  I see you were already on that same thought track about NAR.  :)

11:18pm • #4
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Bruce - The more I think about it, I think I might just work on this on my own, and see if I can figure out a way to make it happen.

11:18pm • #5
293,614 Points 19 Featured Posts Outside Blog

What about just taking Real Estate Licenses away from the unethical folks?

11:22pm • #6
380,568 Points 29 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp

Jason...how true it is!

I think it would be great....Heck, I'd just be happy if agents would process paperwork and let me know something is Under Contract, instead of me wasting time calling to check availability.

Even better....how about we really WITHDRAWL the listing when it's not longer on the market, rather than just waiting for it to expire, and again, waste my time.

This would be a huge massive improvement!

11:23pm • #7
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jim - Good point, but it seems like the unethical ones manage to stick around, huh?

Thom - Right you are.  There are plenty of inefficiencies that come with the real estate territory, I suppose.  Thanks for stopping by!

11:26pm • #8
731,644 Points 144 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason - Are you trying to implement a tool to force Reatlors to be honest? If so, perhaps I can sell you the tool truck to go with it. Enforcement is a joke as it is, not to mention oversiight. 

This company would have to "verify" that an offer is valid. How would they do that? Would they "expect" the listing agent to submi all executed offers to them? hmm, that might pose problems, additional disclosures, arguments and many other discussions. jmo.

11:32pm • #9
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Greg - I guess I see this as a jumping-off point.  It's been a stray thought of mine for many years now.  In essence, it would force more integrity into an industry that appears to badly need it.  I recognize the logistics are not perfect - perhaps brokers could be on the hook for determining that a "valid" offer exists.  It wouldn't be for executed offers, just offers in general.

11:35pm • #10
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Greg - How is your wife doing, by the way?  I think this might end up being our biggest baby yet!

11:37pm • #11
Localism Sponsor

Great post Jason and interesting thought. I think this is just one of the many ways that we can test the mettle of the other agent and do the best job for your sellers. It's the same as you asking a sellers agent what the sellers bottom line is and expecting a straight answer, doesn't happen. I think that your idea is a good one but I think sellers lose a bargaining chip in the game by making that information readily available.

11:40pm • #12
235,268 Points 17 Featured Posts Localism Sponsor Outside Blog

Hi Jason!
Speaking as a broker, why are you putting me on the hook?  We never know that there are any offers until one is accepted.  Just to play devils advocate, why would I want to advertise that in 2 months, I had not received an offer?  It certainly would affect what buyers offer if they knew that no offers had been received.  I think it would put me at a disadvantage.  I would rather put up with the listing agents that boast about offers coming and having to call to see if any offers are on the table.

11:46pm • #13
1 Featured Post Localism Sponsor

Jason, this is a brilliant idea!  Let's add one more service to this wonderful company you've created in your mind:  Highest and Best monitor.  How many times have we been told to offer the highest and best and wondered about the actual numbers on competing offers?  How do we know an agent's best buddy didn't get the deal rather than our client who might have offered more?  Also, I've been shut out by agents on their own listings where they've ended up with both sides of the deal (Yes, I always set up an alert for the SOLD) and the contract date is actually after the date I wanted to just show the house.  Don't even get me started on escalation clauses!  Great idea.   Okay, sorry for the rant.  Off to bed I go!

11:46pm • #14
201,532 Points 4 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Interesting concept...if only everyone was trustworthy....but that's not the case...

11:50pm • #15
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Kevin - I don't think they lose any ground at all as sellers.  Nothing would be divulged with regard to price - I am just suggesting something that would prevent rampant lying on the part of the listing agent.  Perhaps they lose that "edge", but the buyers would know where they really stood (i.e. are they the only interested party, etc.).

Paula - I am a broker, too, and I (clearly) wouldn't mind this responsibility.  I disagree with you about buyer perception.  If a property is available, they already know that no ACCEPTABLE offer has come through the door.  It doesn't mean much, in my opinion.  Do you think buyers want to lowball when a home hasn't had offers?  Maybe the market is just different vs. here.  I am sick and tired of being lied to for the past 12+ years, I guess.

Natalie - I knew that this post/idea would be pretty black and white.  There are a lot of options, I suppose, and lots of potential abuses out there.  This was really just a mental exercise.

Pat - This would be something to bring more trust to the transaction (i.e. would improve on the status quo, in my opinion).

11:59pm • #16
FEB
28
2009
4 Featured Posts Localism Sponsor Outside Blog

Hi Jason!  Good concept on your thoughts here.  I can not tell you how many times I have had a agent call me and tell me they are bringing a offer, many years later I am still waiting for their offer.  This is a 2 sided coin, Listing and Selling Agents should not comment on potential incoming offers unless they have them in hand.

12:09am • #17
1,007,704 Points 208 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Hi Jason!  I am SO with you on this one and I'm flagging for a FEATURE!  I KNOW we're going to get some good discussion here! 

First, despite the quadrennial ethics classes that we're mandated to attend, there are going to be agents who are truly not in this business for the right reason.  To me, this class is just a class for honest people--for those who aren't, they just keep doing what they've always done.  NAR does not put the fear of God in anyone to do the right thing--especially if they have never lived a life of integrity.

Second, this clearing house needs a means of verifying that the OTP's are genunie and clearly legal documents, signed by legal citizens!

Lastly, why can't our individual Boards mandate that these Offers are contained within the legal file that is required with each transaction.  At the end of the transaction, any previous Offers should have to be included and available for all parties to see, or at least the Closing attorney to verify for the other party. 

You are certainly not the only one that has had this issue and there just HAS to be something done about this.  I am always thrilled when my clients to go to another home when agents tell me they have another Offer because at LEAST half of the time, I'm suspicious that there is no other Offer anyway!  The Buyers aren't dummies either!!

GREAT post, Jason!

   

12:12am • #18
112,091 Points 1 Featured Post Outside Blog Attended Rain Camp

Jason I haven't seen much of this in my neck of the woods.  It is a shame though if it happens alot in your area.  I'm not sure I'd want to add yet another step in processing my paperwork when I know that I am ethical, sort of seems to add to the plates of those who are honest, even if it does stop those who are dishonest.

12:15am • #19
177,495 Points 6 Featured Posts Localism Sponsor Hit Router

Jason, I tend to look at this as a potential detriment to sellers as well.  I can envision buyer's agents using this as a prescreen tool to decide whether to show a property or not.  If there is a lousy offer on the table, the seller might miss a buyer who was really interested.  This beind said, I would welcome some combination of your proposal and Natalie's comment where oversight was introduced in a multiple offer situation.     

12:18am • #20
326,976 Points 61 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

 Interesting thought, Jason.  I, too, have a few concerns as to whether a property might be stigmatized (I'm not really a fan of DOM stats for similar reasons).  My primary concern for the seller would be whether or not the displaying of one or more offers would discourage additional buyers from even visiting the property.  There will always be a little gamesmanship in our industry, but I doubt many would mind finding a way to tighten up the ethics stretching that is routine in many negotiations.  Let me brain on this a little more before I state a more definitive opinion, but you've definitely sparked my curiosity.  Great out of the box thinking, man.

12:21am • #21
778,296 Points 53 Featured Posts Outside Blog Called Shot Master

Jason:  I really do not think any seller would want to share "how many offers" they have had on their home up to the point that you might be writing an offer.  If there really was an offer coming in, or an agent who had told me that, I would of course tell you.  Everyone builds a reputation as they do business... and all you need is one instance of lying to the other agent... and the bond of trust is broken.  My overall thoughts are pretty much in line with Paula Swayne's comment above.

12:29am • #22
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Dona - I agree with you on all points.

Debe - Thanks so much for your enthusiastic response!  I am happy you enjoyed this idea.  It has been rattling around in my brain for years, but I haven't really taken the time to fully plan the ins and outs....yet.  Thanks for flagging it for a feature, too!

Sandy - Think about how many extra pieces of paper that our buyers already have to sign vs. 20 years ago, many of which are the result of various lawsuits that have cropped up, necessitating new disclosures and affidavits.  It would create a bit more work, but in the scheme of things, I still think it would be worth it.  Perhaps local boards could allow their membership to vote on whether or not to institute something like this.  If it's truly not a problem there, I have two thoughts: 1. Your board wouldn't want it or care about it, AND 2. I need to move there.  :)

Erik - I find it interesting that anyone sees this as detrimental to a seller, but I see your point about the lousy offer.  I would say that if there is just one offer, perhaps buyer's agents would call the listing agent to feel things out.  If there are 12 offers, it would in fact save buyers some time.  Maybe it could be set up to just show "current offers", not "total offers to date".

Paul - I didn't want to minimize the idea in my actual post, but this is really more of a mental exercise to stimulate thinking on the topic of ethics.  I understand the point about stigmatizing properties, but it still seems like a better system than the free and easy "you don't know me, but you must now take what I say as gospel truth" way of doing business currently. 

Karen Anne - Perhaps it doesn't happen as often there in your area, or with the group of agents you do business with, but both I and the agents who work for me seem to experience this type of dishonestly pretty regularly here.  As I mentioned to Erik above, perhaps the system could be instituted so that it wouldn't display the number of offers overall, just whether there are currently any in play at that moment. 

 

12:41am • #23
415,283 Points 22 Featured Posts Outside Blog

Jason - very interesting exercise and I think this could evolve to something. What if it was tied to the MLS or similar "entity". Like a transaction management program that keeps everything in check? Like Paul I have to think about this some more.

I have been thinking about a few other things that currently are not functioning well, and I feel that the changing winds are blowing in our industry. I am with you I think we industry professionals will emerge with new, functional, exciting ways for real estate of the future - not via the "official" channels. Keep the thinking cap on my friend.

P.S. Hope Pam is feeling well.

Rita

1:01am • #24
326,976 Points 61 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Put in a word for "Turkey Tuesdays," too, if you are submitting proposals to NAR.

1:14am • #25
214,803 Points 9 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp

From my viewpoint there is no good at all that would come from this concept.  An offer is nothing until accepted and by saying one exists it may deter some prospective buyers from considering the property. Furthermore if a few offers come in but never come to terms for whatever reason it would have a negative impact on the sellers property, buyers would wonder what hidden reasons exist that the first prospects discovered causing them to withdraw. 

An accepted contract is a completely different story and there are plenty of agents that do not update the status in the MLS which causes a buyers agent to look uninformed when we have to go back and tell our prospect that the home they wanted to see is not available yet it still shows up on sites like Realtor.com for weeks or months...

5:04am • #26
781,702 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason it is not a bad idea but would be hard to police. What would constitute a valid offer? Why couldn't MR. scum bag agent have a friend write up a bogus offer and submit it as soon as he gets a real offer?

6:46am • #27
728,526 Points 164 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

During the peak years, when houses were flying off the shelves, having to send contracts through a clearing house would have been an impediment to "timely" offers.  Offers flew so fast and furious, that I doubt a 9-5 agency could have kept up.

I'm not saying something like this isn't needed (badly needed) as there are some nefarious Realtors out there, who use phantom offers as part of their marketing expertise, but I'm not sure a 3rd party is the answer either.

I'd be satisfied, knowing that in a multiple offer situation, all offers must be copied into the hands of the managing broker (or brokers).  Imagine that if you knew you were in multiple offers, you could have your broker contact the other broker to confirm that there were indeed other offers, and were allowed to ask a few leading questions to prove their existence. 

You're on to something here, but I'd be hesitant to send it to a 3rd party.

7:43am • #28
563,639 Points 17 Featured Posts Called Shot Master

Jason - or, as others have pointed out, there would be those who would scam the system. Now, if you could figure  a way to get some of the dufuses people mishandling prolcessing short sales and foreclosures becoming more productive........

7:44am • #29
381,835 Points 19 Featured Posts Localism Sponsor Outside Blog

Jason. Much to think about here, and I think Bill has a point that there would have to much policing. What would prevent the agent who would lie to your face from lying about offers submitted to a third party company? Although, the admission that there is an offer and having to put that in writing might be a deterrent. Like I said a lot to think about.

7:54am • #30
861,446 Points 76 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

It's a shame we cannot take agents' words for it. There's an agent here who deals with bank properties. EVERY time you submit an offer, you get a fax stating "be aware wa are now in multiple offer situation. Tell your client to put in his highest/best now or there may not be a 2nd chance."

 

8:12am • #31
269,874 Points 59 Featured Posts Outside Blog Called Shot Master

Jason - Hmmmm.  Interesting thoughts.  And the comments made for even more thoughts.  My head is swimming.  Overall, I like the idea of this.  I could care less about the extra paperwork or steps it created, that doesn't bother me.  Its kind of a shame that the topic has even had to cross your mind really - the ethics of an agent should really solve the problem, but (unfortunately) you can't police ethics unless we spend all day suing each other or writing complaints to our board (and even that could get out of hand, turning in a witch hunt against the competition that tied them up with frivolous claims).  When some agents can't even be bothered to change status in the MLS right away, I wonder if this new "make sure you submit the offer to the clearinghouse" would be fully functional.  What if you logged in, there were no offers, but the agent was heading over to his office to notify the system that there was one, and in the meantime you were writing an offer assuming there were none.  The timing of all of that could turn into trouble and potentially be a liability for the buyer's agent, as they had access to a system, but the system wasn't yet updated, so they went with incorrect information.  Its definitely a good base idea, but I think it needs some more thought.  Perhaps a model can be designed that would function with the least amount of problems and would be a huge help to the industry.  I'll definitely be curious to see how this develops in your head as you read more and more comments.

8:45am • #32
848,742 Points 153 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Like you said, Jason. We have to trust in the ethics of the Realtor we are doing a transaction with. In our area, which is not as large as the Austin market we pretty much know each other and know who priced right and their morals.

Not a bad jumping off place but not sure how it would work to have a 3rd party clearing place locally.

8:50am • #33
536,123 Points 7 Featured Posts Outside Blog Called Shot Master

I like the idea...I guess others are right they could still scam the system.

8:55am • #34
498,025 Points 8 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Jason - I think it is a great iea, I have heard so many times lately "we have an offer" or an offer miraculously comes in at the same time you receive an offer.

8:59am • #35
112,934 Points 3 Featured Posts Localism Sponsor

Jason: Funny you should bring this up now. I am working with an out-of-town agent who apparently has more offers on a property my clients are interested in than he can shake a stick at. He's also a lawyer, so now I KNOW I can't trust him (LOL). Very frustrating...

9:14am • #36
751,907 Points 7 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Sounds like a good idea, but not for Lewisburg, WV.  Heck, we still don't have electronic lock boxes...but they are coming.  My area is very small compared to Austin, and we know "the good, the bad, and the ugly".

9:16am • #37
2 Featured Posts Localism Sponsor

Hey Jason,

A really interesting thought. My first reaction however was that the decision to disclose existing offers (real ones that is...) is part of the sellers overall marketing strategy. It really needs to be well thought out by the seller. All too often buyers want to avoid anything that smells like a "bidding war" and simply walk away. So I'm not sure that I'd counsel my sellers to use a clearinghouse like this.

What I do tell my BUYERS however is that there are a lot of agents out there who are full of ___. Rather than "overbidding" because of some phantom competition, they could build an escalation clause into their offer. It's kind of like bidding on ebay. You make your starting offer and agree to outbid any bona fide competing written offer by $X not to exceed a final purchase price of $X. If the escalation clause gets triggered, they are required to SHOW you the other offer within 24 hours or it's no deal.

Sometimes the buyers are a little nervous that they might "tip their hand" about how far they'd go to buy the home. I remind them that the only thing that they've committed to is their existing offer. If there IS real competition out there, they only need to beat it by $X...they don't need to go all the way to the top. But if existing competition is bidding over their heads, then the "walk away number" keeps them in their comfort zone. Overall, my buyers really appreciate the control that this gives them in a multi-bid situation. I've won numerous deals this way over the years...

9:16am • #38
1,194,105 Points 89 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Interesting idea. I think this agent is retired NOW but we used to have an agent who if you took your buyer for a second showing, there was a showing just before and lotsa hype... about they were getting another offer.  House has been on the market a year... needs lots of decorating... but suddenly buyers are beating down the door?  I fell for it once not knowing that funny looking real estate agent was her husband.  It is plausable they had a buyer they needed to rush through before an offer came in. I always thought of them as the drama club.  Scam?  Good use of God given drama talent?  It just wasn't the same when I knew it was her husband showing just before me. 

 

 

9:16am • #39
399,039 Points 3 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Your idea has merit --- the one thing that has me thinking --is when agents that get multiple offers say that they will present your offer along with the other offers, so often when I call an REO agent they pass the responsiblity off to the negotiation agent and say that all offers were given --- I suspect that only the best offer was turned in and many times if the agency representing the REO company has an offer from two agents with this company that has the listing its seem that particular  agency is the winning bidder. This is just the tip of the iceberg, when it comes to offers.

9:20am • #40
262,009 Points 8 Featured Posts Outside Blog

HI Jason, working mainly with Buyers I have had that response on ALMOST all offers in the past 2 years, at this point I tell my buyers, the agent stated they had an offer coming in.. maybe they do and maybe they don't but the agent is willing to look at ours.  We just need to make a firm good offer and not worry about what else maybe on the table.  I hate multiple offers but I have found only a few actually results in the multiple offer, make your last best offer request.

Here in Texas, unless you are an Attorney you may not legally write into a sales contract an escalation clause. (just a caution)

Overall, I am not in favor of this, the policing of it would be too strenuous and I don't think it would turn an unethical agent into an ethical agent. One can not legislate morality.

9:21am • #41
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Rita - Thanks so much for your input!  Much appreciated.  I agree that "change is in the wind" for our industry.  This is just a thought, and one that I feel needs to be explored/considered at some level.

Paul - Consider it done.

Dan - What is the difference between having it systematized and hearing it directly from the listing agent?  What I am proposing is to take some of the "gaming" out of negotiations, which would serve to level the playing field for buyers and sellers.  The same thing goes for unaccepted (or perhaps "unacceptable") offers.  If someone asks me, "Have you had any offers on this house yet while it's been listed?", if the answer is yes, I am then forced to explain it anyway ("one was a lowball, one couldn't get the loan", etc.).  With regard to your second point, I am in complete agreement.  PLEASE change the status of the home if it's not available.  THAT is a major waste of everyone's time.

Bill - Right you are.  I suppose every safeguard is rife with the potential for abuse.  After reading the comments and thinking about the process more, I wonder if it wouldn't be better to have the offers go through the service first?  Again, this is something that I have been thinking about for awhile, but it's always when I am in the middle of working with buyers, and I haven't even written anything down before last night.  Thanks for your input.

Alan - I agree with your comments here.  I'm not sure if this would be the correct method or not, and I think the "broker to broker" concept could go a long way by itself.  I am starting to think that if a third party system of any sort were implemented, the offers should go DIRECTLY to that service first, eliminating the gamesmanship completely (fake offers, etc.).

Mike - What do you think of the ideas from my exchange with Alan?  Either: 1. Have brokers in charge of confirming the receipt of offer(s), OR 2. Have offers submitted directly to the outside clearinghouse, then distributed immediately to the listing agent?  Just food for thought -

Barb - I am thinking of updating the post with some additional thoughts on that.  Please see my responses to Alan and Mike.

Erica - I know of a few in this area who do the same thing. Why not take that ability away from those who are simply not respectful of the truth?

Matt - Thanks for your thoughtful comments.  I think I would lean toward one of the ideas that I mentioned to Alan and Mike above - maybe the extra work should be from the clearinghouse, NOT the listing agent.  If buyer's agents submit directly to the service, that would certainly eliminate the opportunity to lie to them, too.

Missy - It would have to be something agreed upon at the local board level, I suppose.  If the board doesn't "buy in" to the idea, it won't bother to implement it properly either.

Chuck - Please see my above responses on this topic.  Thanks for your comment!

Sharon - We have ALL had this happen, I bet, and most times I am virtually positive that no other offers even existed.

9:22am • #42
731,644 Points 144 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason - ha ha, I almost forgot about our wager! Cara is very, very pregnant. We are having a scheduled due date of 4-09 @ 12:30!! I'm so excited man. I feel like a full blown member to fatherhood having 2 kids & 1 of each. :)

I do appreciate & understand your frustration about the so called competing offers. In my opinion, part of the dynamic of negotiations is simply - not knowing.  To many offers on the table that didn't close could create all sorts of opinions, many of which would be unfounded and far from the true scenario.

People should remember that it doesn't matter if it's a lowball offer. It HAS to be agreed by both buyer & seller.

What about the lenders who lie about the pre approval letter? That happens ALL the time & we're talking about "banks!"

I can't tell you how many times I've received a  pre approval letter (credit is supossed to be pulled) & I call only to be told.... "the borrower needs to fill out an application."

WHAT?!?

9:23am • #43
301,385 Points 1 Featured Post

Considering the fact that a lot of listing agents say they have another offer coming, why don't you start off the conversation by saying "I know you probably have other offers coming in but my clients are going to submit one as well."  

Knowing they already have offers coming in and by law must present all offers, why don't you just submit it anyway with a second thought of a listing agent saying this.  

9:23am • #44
Localism Sponsor

Hi Jason,

What a great idea! I guess the other folks are trying to create urgency"!?! Urgency is so important since there is so little out there to be bought!

Thanks,

Cindy

 

 

 

9:24am • #45
134,342 Points 3 Featured Posts Outside Blog

An offer is only an offer.  They are exciting to negotiatebut sometimes go south.  We have a few agents around me that are notorious for saying they have other offers coming in.  I don't pay attention to that until I see MLS status changes.

9:26am • #46
107,606 Points

Hi Jason,

Very interesting concept, and interesting comments too.

Trying to look at this from a buyer's perspective, I don't know that I would necessarily change my offer just because someone said there was another offer, or one coming in. If I really wanted a property, I would make the best offer I could that works for me. And looking at it from a seller's perspective, I definitely wouldn't want a prospective buyer to know whether or not I had any other offers. Or, at least have the option whether or not that information was disclosed.

As you point out, the real problem is whether or not someone has ethics. But if they don't, it's pretty hard thing to mandate. Rules, regulations, and laws work fine for people who abide by them. But those aren't people who are causing the problem. People without ethics will just find a way around them anyway.

My 2¢
: )

9:30am • #47
510,459 Points 25 Featured Posts Outside Blog Attended Rain Camp

Hi Jason, Love the great idea!  I agree that there are agents that love to tell us that there is already an offer in on the property. Funny thing is, in our current market, it's making buyers shy away...especially if it's a short sale!  I think some agents are actually deterring customers from proceeding ahead with their offer.

9:32am • #48
2 Featured Posts Outside Blog

Jason - Great food for thought.  It's hard working with owner-occupants to get them to keep the emotions in check about a property.  Especially once you've been working with them for weeks, or months, and you finally run across the property that trips their trigger to make an offer.

What you're advocating is why shills at an auction have been ruled to be illegal.  Yet, who really policies that?   And don't you just hate it when you're the only one who bids on the item at an auction?  Been there, done that.  Later, I'd at least like to think there was at least one other interested party who wanted to bid.  

The same is true of the listing agent, yet when egregiously lieing, they've crossed over into the unethical realm.   What they may be doing, however, is trying to help YOU get your offer up high enough that there is actually some hope that the seller will accept the offer.  Sure it's unethical if they really don't HAVE an offer, so what they need to be doing is sharing with you hard facts on what the status really is on the property.   How many showings have there been?  Are any other agents saying they expect to be writing an offer?  Is there actually an offer in the works, and they are not lieing about that, that actually works in your favor, doesn't it?     

But lieing is what you're objecting to and I'm with you 100%.  It's not a best business practice, even if it does get more money for the seller.   LA's have a fiduciary responsibility to try and work for their seller, and the buyer's agent has the same responsibility to their client.  The sad part is that when "Joe and Suzy Homemaker" let their emotions escalate their bid to the point that no legitimate appraiser would value the house at that price, or they have a Buyer's agent who has not done a thorough CMA.  That's the real crime here.  Buyer's agents need to let the CMA speak for itself, though 50% of valuation is art, and the other 50% is science. 

And that's what has gotten us into this economic mess.  REALTORS, Appraisers and Loan Originators, not doing their job to help make sure the emotions of a buyer (who is obviously elated with a home), helping the Buyer keep their emotion in check.  We "professionals" should be keeping them from overpaying for a property. 

Somehow, I think you may be shifting too much of the blame onto the Listing Agent, when more of it needs to stay with the Buyer, Buyer's Agent, Appraiser, and LO.  You have to figure that the LA is going to say whatever he can to try to get the house sold, and unless you want homes to be sold on eBay without agents ... or as FSBO's...

In the final analysis, you're right; agents like this give our industry a bad name.  Honesty is always the best policy, but if we've only had one showing, and I'm the listing agent, I'm working that phantom buyer for all they are  worth! 

9:36am • #49

Jason you have a Great Idea so run with it  Getting others to adapt or accept it is whole

 different game

 

9:39am • #50
180,733 Points 25 Featured Posts Outside Blog

Jason,

There is no substitue for ethics. I do not allow the comments of others who try to bate me into a trap. Homes are only worth what Buyer's and Seller's can agree upon.

An unrealistic Buyer is just as hard to deal with as an unrealistic Seller or an agent with more Puff than Substance.

I honestly do not feel that we have to regulate personal ethics. Over time these agents who stretch the truth will be weeded out.

We all have one shot at creating and maintaining our reputation. I suggest we all nuture it well.

9:45am • #51
253,288 Points 58 Featured Posts Called Shot Master

Jason,

What a great idea! I would love to know if listing agents are being truthful about offers. It is so hard to tell sometimes.

Congrats on the feature!

-Lisa

9:47am • #52
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Kim - It sounds like you already know the answer in that situation!

Rebecca - You are probably right.  In a small-town setting, this is probably not as warranted as in big cities.

Hal - It's interesting that you bring up the escalation clause idea, because I received an offer on Wednesday with one of those included, and I loved the idea.  I have been selling real estate full-time here in Austin for just over 12 years now, and I had NEVER seen that done before.  I think I may use it the next time this type of situation arises.  Good stuff!  I also like what you said about buyers feeling more in control of their negotiations.

Maureen - They sound like characters from a movie to me.  I am always dumbfounded when someone goes to great lengths to lie about anything.  It creates so many extra items to remember when you lie.  I'm too lazy, I guess.  I prefer to just be honest.

Lorraine/Loretta - Yes, that sounds very irritating indeed.  Thanks for your feedback here.

Gail - It sounds like you have been lied to a LOT, especially considering how 2008 was.  I didn't hear it last year at all (if memory serves), but I have heard it twice this year already.  I am guessing that you heard that part about escalation clauses during some training, and you may be right, but I don't think that there would be anything to prevent someone from mentioning it either over the phone or in a cover letter/email, since those are not part of the "official" contract document.  If you read my update to the post (after you made your comment), I would be interested to hear your ideas on those suggestions.  On a separate note, I have heard the phrase "you can't legislate morality" so many times over the years, but almost EVERY law on the books is legislating some version of morality.  What about legislating on the topic of violent crime, such as murder or rape?  Every society has its own set of things that it finds abhorrent.  I don't think it's immoral to speed in my car, but some people do.  If you don't legislate morality, you end up with no rules at all.

Greg - Congrats, man!  I have a feeling that ours will be coming later than that, but who knows?  Pam is also VERY pregnant now, which is why I think this might be a bigger baby.  Time will tell.  With regard to the pre-qual/pre-approval letters, that is a whole story unto itself.  I am more discerning and critical now on that stuff, in an effort to protect my seller clients.  Even with that, though, I still have instances when I receive a "pre-approval" letter that turns out later not to have any weight at all.

Tony - That is pretty much what happens anyway, at least for me.  My radar about multiple offers has been honed somewhat over the years, so I am generally correct, but who knows?  If a home is unique, and it's been on the market 300 days, and they just happen to get 3 other offers on the same weekend that we submit ours, it's probably a simple lie.

Cindy - Thanks, and you're right. They are trying to create urgency, at the expense of the truth.  I had a multiple offer situation on one of MY listings, and I was completely above board with all parties involved.  I also explained to the agent whose client didn't "win" why we went with the other offer.  She really appreciated my fairness in giving them a shot.  The next day, the winning party was forced to back out for medical/family reasons, and I was able to return to the 2nd offer and work it out because I didn't burn the bridge with them. 

Mel - True.  I pretty much do the same thing, but then I feel obligated to at least pass the info along to the buyers.

9:49am • #53
428,918 Points 77 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason, OMG, you are so right. I'm going through the questioning of where is our offer with a company as we speak. I plan to blog about the helpless feeling of not getting to go beyond the gate keepers. I hate feeling that I don't trust another in my same business. Heaven only knows that if I can't trust them how can the public? Sad but true.

Great idea, my friend.

Later in the rain~Deb

9:52am • #54
148,480 Points 1 Featured Post Outside Blog

Jason, reading this I thought it was an interesting theory  Then read one of the comments in terms of a a listing broker and that was very powerful as well.  How do I/we create a win/win for sellers and buyers?

9:54am • #55
681,157 Points 130 Featured Posts Attended Rain Camp Called Shot Master

Hi,

I appreciate the inovative thinking. But I think that real estate is about relationships. Ours with the sellers and with the buyers. This takes away all the intangeables. Just because there are 8 other offers doesn't mean they are any good. I have a short sale...my offers have ranged from $100,000 under asking to a few thousand above. I would not want someone to be able to see the 8 I got first that were just throw aways and not show the house. If we have an escrow, but I can tell the buyer is flaking, I wouldn't want to discourage someone from showing the house.

Relationships... I would like to stick with my "people skills."

9:55am • #56
393,119 Points 42 Featured Posts Outside Blog Attended Rain Camp

Jason,  Maybe you can use a special stipulation in the contract. 

"Immediately after closing, listing agent shall provide all competing offers that were said to have been submitted during the negotiation period of this contract.  If listing agent cannot provide such contracts, listing agent shall be deemed to have been lying and buyer's agent shall have the right to kick listing agent's butt.  Listing agent's commission shall also then be forfeited to the buyer.  Listing agent will also be required to stand at the corner holding up a sign saying that they can't be trusted."

9:55am • #57
211,928 Points 4 Featured Posts Outside Blog

Jason - back in Toledo, OH there was a change to the MLS reporting back a couple years ago.  Not so much in reporting IF there had been an offer, but in the event an offer had been made & accepted, but it was contingent on ______, then we had to update the MLS status to show it as contingent and inser the appropriate code for the contingency reason - inspection, financing, survey, insurance, etc.

Many times I have been told that there were offers already in hand, or coming in, and it's been nothing but a lie.  I can only take comfort in believing that those agents playing that game will get what they deserve and that their clients won't suffer because of it.

Nice post.  Makes one think.

9:56am • #58
747,719 Points 72 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Wow dude...you are quite the radical dude.  Very cutting edge in your thought processes here.  This would allow for complete transparency.

 

9:56am • #59
546,315 Points 11 Featured Posts

When I have been a buyer's agent in a multiple offer, I included language that proof of the other offer (1st page of the other purchase offer with other buyer(s) name(s) deleted) will be produced if my client's offer is accepted.  Perhaps something along these lines could be adapted by the other agent ahead of time, creating a "memorandum of understanding" that the listing agent will produce the 1st page of the purchase offer for all other buyers upon conclusion of negotations, to all parties, regardless of who wins/loses.  The offer price could be deleted as well for the other offers (to protect the seller if the other offer fell apart later one), and this document would be signed by the seller before the buyer's offer is submitted.

WHy wouldn't this work?

 

9:58am • #60
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Michael - I would be interested to hear your take on the "updated" part of the post, which was written at about the same time as your comment.  Thanks so much for your perspective.

Sandy - That happened to me THIS WEEK with a buyer.  Once they heard that there were two other offers on the table, they walked away.  Glad to hear that you like the idea.

Andrew - I can't really add much to your well-reasoned response to my post.  It (almost) goes without saying that the entire blame shouldn't remain with the listing agent alone.  However, in the scenario I was describing, I think it STARTS with the listing agent.  I couldn't agree more with your point about bidding the property up so high that it can't appraise.  Thank you so much for taking the time to write such a comprehensive comment here.

Chuck - Right you are.  Getting people to adapt to change is always hard, and getting them to adopt a new set of procedures is even harder. 

Herb - I agree with you that our reputation in this business is critical, but if no one bothers to regulate personal ethics at all, what would our industry look like in a few years?  We are already one of the least-respected industries in the country.  Why not make some steps to change that public perception?

Lisa - Thanks!  I just thought it would be nice to remove the guessing games.

9:59am • #61
1,051,235 Points 17 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Jason - I think you have some geat ideas and keep in touch with this concept!

10:07am • #62
433,524 Points 10 Featured Posts Outside Blog Attended Rain Camp

I cringe when I hear those words. It makes for more drama and stress than necessary. If its truely a multiple offer situation,  good for the listing agent. If its just a stupid lie, it make me boil. Unethical spinsters cast a bad and long shadow on all of us. maybe a clearing house to weed out the unethical clowns

10:14am • #63
291,720 Points 5 Featured Posts

Jason: Even though I'm on the mortgage side, I've heard the other offer statement so many times it makes me wonder. Especially in a slow market. It seems too coincidental to me. I like your idea and wish you well. I'm curious what you see as the downside.

10:14am • #64

I agree with you about the truth of those statements, it always makes you wonder.  However, the logistics of your proposal, humm, I don't know how well something like that will work.  Thanks for sharing your ideas.

10:15am • #65
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Deb - All of us have probably felt that helpless feeling that you describe here, and I think changing the long-standing tradition of the listing agent as sole gatekeeper might bring a breath of fresh air to the industry.

Kelly - Which comment were you referring to?  That might help me to respond better.

Karen - I agree with you on that point, but I just think there are a lot more "bad guys" out there than you may care to think about.  Why not remove some of the gamesmanship and guessing?  With regard to your comment, "If we have an escrow, but I can tell the buyer is flaking, I wouldn't want to discourage someone from showing the house", wouldn't the house show up as "pending" during that time anyway?  That alone is enough to keep away almost every buyer and agent who would have looked.

Tim - I think that is a reasonable proposal under the circumstances.  :)  I like the way you think!

Carol - I like the Toledo MLS solution that they implemented.  Interesting stuff - at least then you can track what is actually happening with a specific property.  I have the same thoughts about dishonest agents, by the way.

Larry - Indeed.  I sincerely think it would go a long way toward dispelling the notion that we are nothing but used-car salesmen with a license.

Chris - I like the concept of proof that you are proposing and I really like the phrase "memorandum of understanding", but I guess it might be really easy to fake something like that.  I wonder if it would really keep the ones who already have no issue with the expediency of lying to create a false first page.

 

10:18am • #66
156,303 Points

Jason:

I was going to write a blog for next week about this topic. When we bought this house that we live in now, the listing realtor told me that there was another offer on the house! ( I don't want to give my blog away ). I was an agent then - a new one!

Also, now we have all of the foreclosures to deal with. Many of them have multiple offers - and sometimes all of those fall through because of financing.

I think that you have an incredible insight into this business and this is a great idea, but it still goes back to .......... how do you insure everyone is telling the truth?

10:21am • #67
Outside Blog

Jason... Think you have a great idea here that would be of real benefit.  But, at this point in time, I'm just happy someone out there is getting multiple offers... or even single offers!  cheers!

10:22am • #68
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Robert - Thanks so much!  I think it's worth exploring.

Claude - In a nutshell, you have just summed up my reasons for writing this post in the first place.

Paul - I think the downside would the additional expense involved, depending on who pays for it.  However, it seems like the government has created a brand-new money machine recently, so maybe they would like to throw a few billion dollars into my personal project?

Maria - Nor do I, but I think it's worth considering.  I think ANYTHING that can help consumers to view the real estate industry with more respect as professionals would go a long way.  I think implementing ideas like this one would do a lot more than "image advertising" on the radio.  I still don't think the average home buyer or seller knows the difference between a licensed real estate salesperson and a REALTOR, and I'm not sure that it really matters right now. 

10:25am • #69
220,341 Points 2 Featured Posts

I agree wholeheartedly Jason.  Especially with the agents who mainly list R.E.O. properties.  And the multiple offer "highest and best offer" B.S. that the banks always throw back regardless of whether they have another offer or not needs to end as well. Countless times we've responded back with our original offer and miraculously it happens to be the best offer they received.  Meaning, probably the ONLY offer they received. The games that are being played out there nowadays just goes to further discredit our industry and reduce the confidence and faith the consumers have in the whole system.  And as we've seen all too well these past six months, confidence in the system is everything.  Good post and best of luck.

10:29am • #70
1 Featured Post Hit Router

Hi Jason,

I like that you are thinking about it but my first thought was "oh no not another site to log in and get more info! Ha, Ha. 

Seriously though I use comments like that to ramp up my presentation to the other agent. I decided some time ago that I was going to just ignore those canned responses and I did two things.

1) I prepare much better cover letters outlining why my client is the best one regardless of their offer price

and

2) I changed how I respond to agents who call me.  I tell them exactly what has happened on a property.  If someone has shown the house three times and called me twice but I have no offer yet I tell them that.  If the property has had zippo action I confess. I hope to lead by example in my small market place by doing that.

Finally, I will say that, twice I have really not trusted the listing agent and I went to their broker and asked for them to sign off that the offer had been presented. Both times the brokers were decent about it, complied and my buyers knew I had gone to the mat for them. Thanks for the idea though...I think it always helps to keep thinking!

Michael Layton, GRI, e-PRO
Keller Williams Palm Springs, CA

10:29am • #71
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Sandy - In my opinion, the only way to ensure that truth prevails is to have all offers go directly to an impartial third party BEFORE the listing agent ever even receives them. 

Bill - Thanks!  I have had TWO multiple offer situations since the beginning of the year, once as a buyer's agent, and once as a listing agent.  We are busy right now - hope it continues!

10:29am • #72
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jerry - You hit the nail on the head with all of your points here.  "Highest and best" should only be used when you have a fistful of offers to deal with.  As you indicated, I think this type of thing would go a long way for us all, and it might even make more buyers understand the value of having professional representation.

Michael - Simply put, you handle your business exactly the same way that I do.  I don't see any value in lying to other agents.  Agents like us are not the problem, and we're also not really the target of my proposal.  :)

10:36am • #73

Isn't it a sad state of affairs that we would have to implement such a service to keep each other honest?  I agree that there are agents among us that do this, but I don't know, this seems too complex.

Twitter

10:43am • #74
427,829 Points 32 Featured Posts Outside Blog

I like the idea, and it would throw a wrench in the system of those out there that always have multiple offers.

10:53am • #75
4 Featured Posts Localism Sponsor

Jason - Interesting concept.  However, I think the dishonest folks will just find another way to be dishonest!  Unfortunately, they are only in the business for themselves  - not to provide the highest level of service to their clients.  They're the ones who give our business a bad name.  Thanks!

Mary

10:56am • #76
243,682 Points 1 Featured Post Outside Blog

In essence, it would force more integrity into an industry that appears to badly need it.

Sad but true and as usual there is some truth to our perception by the public. I find myself educating others jon the commssion fee system - the general idea  is that the agent gets the whole pie.

11:03am • #77
576,615 Points 3 Featured Posts

Here you have to put a property contigent or pending with 24 hours. I don'r see how it could be done any different. If someone going to lie their still going to. Good Luck and God Bless.

11:03am • #78
680,088 Points 18 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

It is too bad that agents who are Realtors do not follow the code of ethics!  I find the discussion most interesting.  I always tell my clients to make their best offer and one that is in their comfort level. While the national clearing house may sound like a good idea at first blush, it doesn't solve the problem with multiple offers.  Often agents "push" a particular offer -- and don't present all offers honestly.  A great topic and lots of food for thought!

Of topic:  One thing I really would like to see NAR accomplish is a health plan!  I can't believe with all of the national associations and trade unions that have health plans, that NAR cannot accomplish this!

11:04am • #79
518,392 Points 5 Featured Posts Localism Sponsor Outside Blog

Jason - Unless I know the seller agent personally, and I trust them, I never believe a word without proof. I also have been told things that were not even close to being true. I sometimes use this against them and tell my clients to lower their offer.

11:09am • #80
1 Featured Post

I think we all feel the same frustration and...in my opinion...adding another 'stepping stone' to the process is not going to deter them (unethical/lazy agents).  Time is of essence in our business and being at the mercy of a third party would add another hurdle to the transaction.  I commend you on your passion to a serious problem in our industry and trying to come up with ideas to correct it.  Thanks for the post.

11:42am • #81

Jason - Very thought provoking post and great comments too.  Have you ever requested to be present when your offer is presented to the Sellers?

Tricia Pearson
11:44am • #82
194,057 Points 4 Featured Posts Outside Blog Attended Rain Camp

Jason

I am not sure this is the best idea for this situation, but I like the thinking out of the box. 

My self, I usually try to think, that the agent is not lying just negotiating.  Try to keep it positive, but  the last time it happened, and I asked my buyers to write their best offer, I did feel tricked, as the agent was flat out lying.  I wonder if that is why the whole thing fell through and nobody won.   My buyers back out and decided to wait another year.  Ahhggg

 

12:08pm • #83
454,707 Points 5 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Jason I like the idea a lot!  Now lets get it approved by TREC.

12:13pm • #84
276,868 Points 7 Featured Posts Localism Sponsor
Health care!!! Maybe the nar needs to make it a fineable offence to misrepresent the seller about rumor's of offers? They could have someone call covertly and sanction accordingly. Of we could not to business with the agents that make up these stories. Or we could use this misinformation to be closer to our clients??? So many options. But would love health care!
12:17pm • #85
175,854 Points 14 Featured Posts Called Shot Master

Sounds good in theory but is not practical to implement. To many variables such as who will pay the cost as most folks feel a real estate transaction already costs too much. Who would oversee this new bureaucracy?

I understand this is born out of frustration and as an agent who handles many REOs I work on a couple platforms with some banks that the agent can go see that there really are multiple offers. The bank and we listing agents pay to use the platform on a yearly basis. To use it you are required to pay your way and in addition to the yearly fee there is a per transaction fee.

Doing this with the whole industry would be cost prohibited and ultimately agents would figure out a way to game the system.

 

12:19pm • #86

Isn't it sad that if Realtors acted with honesty and integrity, we would not have to be having this discussion?  Great idea, Jason- thanks for presenting this, as I have enjoyed the thoughtful conversations.

12:22pm • #87
111,916 Points

How about a clearing house for the agent instead of the property?  We give them a point for each time the lie to another agent.................jk!  I love thinking outside the box, it's what leads to better processes.  If everyone is afraid to speak out and introduce a new idea, even if it isn't perfect in it's initial stages, we'd never get anywhere.  Btw.....what about paperless transactions!  Just one small part, but does anyone else think it's crazy that escrows are printing out escrow instructions, closing statements, and even your commission checks and then having title reps drive them across town when we have email and banks can wire funds these days and save gas and paper.......???

12:25pm • #88
175,181 Points 10 Featured Posts Outside Blog

Hey Jason - Well merited feature!  I think your idea has merit.  Sad that we actually need such a system though. 

12:34pm • #90
524,617 Points 2 Featured Posts Called Shot Master

We can not get many agents to enter their listing correct, or change a status once it goes under contract or even sales.  What make you think they are going to enter that they have received an offer?

12:40pm • #91
289,211 Points 2 Featured Posts Localism Sponsor Outside Blog

How about just a checkbox somewhere on the MLS listing.

12:44pm • #92

In this market, telling someone you have another offer may just scare the real offer away.  Someday it will catch up to them.

 

12:46pm • #93
114,259 Points 4 Featured Posts Attended Rain Camp

NAR would definitel up our fees without a doubt if they implimented anything new...

DON'T GIVE THEM ANY IDEAS!!!

But in short I think theses are excellent ideas to the blocks and bullshit we get in the market today.

How's the market in your area?

(I like to know how different areas are doing. :-) )

12:48pm • #94
722,676 Points 47 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I had an agent call me a liar on this statement once.  House had been on the market close to a year and we had two offers within our office submit two offers... and the third co-broke agent called to say he was faxing an offer and we disclosed the two previous offers.  So to ease his pain I faxed both offers and copies of EM checks to the MLS office and our executive then called him to confirm we indeed had two signed offers on this property.

So maybe it should be handled on a more local level and offers should be sent to the MLS office or local Board office and then a number of offers could be put into the MLS system.  Might also be a useful tool to know if a listing that isn't yours has had say 12 previous offers without actually going under contract... maybe sellers not willing to negotiate so you let buyer clients know this up front. 

I think you have a great idea and at our next MLS board of directors meeting I'll be bringing it up.  Don't know that I think it should be taken above the local level to even statewide though, but maybe.  National... I just don't see the point in that.  As I can only sell property in my state. 

But you definately made me think.

12:50pm • #95
865,493 Points 50 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

Isn't it currently against the CoE to lie about that?  And isn't it sad that we would have to go to that level to get people just to be honest? 

Maybe we should be able to call them out on it and if they say they have an offer, we can ask for proof.. if they can't provide the proof, they get a fine and a number of points against their NAR membership... too many points, no longer a REALTOR.

12:59pm • #96
7 Featured Posts

Jason - I love your "out of the box" idea.  Idea's like this make businesses happen.  The main issues I see is the policing of it and getting Agent's to use it.  My guess is the dis-honest agents will refuse to use it unless it is made mandatory by NAR.  If you could convince NAR on this I would develop it for you :)

1:07pm • #97
177,370 Points

Jason, we dont have  in our local market.  We just closed a listing yesterday that have 3 offers in one weekend.  It happens. Mindy

1:12pm • #98

Jason; I may be naive but when another agent tells me they have another offer, I tend to believe them. Many times, the doubt of another offer on the table comes from my Buyers that ask me if the other offer claim is real. I tend to defend the other Realtors assertions by telling my Buyers that the majority of Real Estate people are ethical and would not be lying.

 Now, I see several degrees of Listing Agent disclosures in reference to another offer. The first one is that an offer is coming. I do not pay any attention to this claim. I have heard this claim a dozen times and many times I still see the home active many weeks after because the offer(s) never panned out. The second claim is that they are negotiating an offer; to this one I ask how far are they in the negotiations. I may even ask if it is a clean and good offer. If I hear that negotiations are almost completed, I advice my Buyer to check other homes; I tend to shy away from overbidding wars, especially in this kind of a market where there is a large inventory of homes for sale.  

Last, I believe that if a Listing Agent is lying about another offer, they are only doing a big disservice to the Seller. It may scare other possible offers.

1:31pm • #99
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Jason, I am sure that there is some system that could be implemented.  Certain agents are known for their "puffing" and others for their integirty.  I love the agents that say there is another "very interested buyer" just to find out that the property is still on the market a month later.

2:00pm • #100
1,215,723 Points 44 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Hi Jason - Once you are in a known multiple offer situation, to alleviate the buyer's feeling of paying too much agents in my office have used this clause successfully: "Buyer agrees to pay $xxxx over any other bona fide offer received by (date), up to a maximum purchase price of $xxx,xxx. Listing broker to provide written proof of bona fide offers."

In practice, this would read "Buyer agrees to pay $1000 over any bonafide offer received by 12 PM on February 28,2009 (which is now, so they can't 'produce' a last-minute higher offer) up to a maximum purchase price of $270,000. Listing broker to provide written proof of bona fide offers."

 

2:05pm • #101

Jason, Interesting post.  It's too bad agents all can't operate with ethics and integrity. 

2:12pm • #102
1 Featured Post Outside Blog

Jason, Your idea sounds very interesting in theory but it will never work. Agents will be afraid that the clearing house will give out the other contracts details to unethical agents. I do agree that it never fails, every time I call for a sellers disclosure the agent tells me some other offer is coming in that day!!

2:25pm • #103
254,781 Points 4 Featured Posts Outside Blog Hit Router

the liar would respond by saying that I just received the offer and hadn't had a chance to register it yet. Some agents can't tie their shoes, let alone add 1 more step to their job. They are the same agents who take 2 weeks to update the listing staus in the MLS.

2:27pm • #104
230,796 Points 7 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason - early in my career I think got duped by listing agents telling me they were "expecting" other offers or that they had other offers on the table. I got easily excitable about this and wanted my clients to get the house that I spent so much time working on. I personally LOVE your idea! I like how you always think outside the box.

2:27pm • #105
268,858 Points 3 Featured Posts Attended Rain Camp Called Shot Master

It really boils down to the code of ethics, and the Golden Rule, which is part of the code of ethics.  Difficult to enforce. 

There are many good ideas here.  I especially liked Tim's idea of kicking the liar's ass and taking away the commission if they lied.

Creating a whole other web infrastructure and/or business to handle this seems cumbersome, to say the least.  It could be handled in the MLS, simply by having a place for listing agents to indicate how many offers are on the table.

On the other hand, I see listings on the MLS quite often that are already in escrow, but the listing agent doesn't seem to have the time to change the status to "pending".  Of course, I do report them, when I see them.

John Novak has an excellent idea about requiring the listing broker to provide "written proof of bona fide offers".

2:35pm • #106
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I have used a clause similar to the one John Novak uses.  One time, however, it backfired.  The sellers responded to my buyers: "you should give your best and final offer" and went with another party.  But in general, this works well.

2:48pm • #107
103,034 Points

I understand your frustration, but don't agree with your soultion. Sorry. I'm glad I took classes in Conflict Management and Negotiation Skills. Luckily I work in a small community where we know what's going on in the area (know that there's just not enough business that multiple offers are common), know the Realtors who pull this nonsense, and don't have a desire to do it. However, just to be devil's advocate, they're just trying to get the best deal for their seller, right?

2:48pm • #108
108,971 Points Outside Blog

Great Idea, it may be hard to get the agents that use this as leverage to get on board. I like it sometimes you have to think outside the box.

Aaron Poling

Long & Foster

2:50pm • #109

WOW! The topic was interesting.  The Contract Police???  I understand what you are saying...but if we do that why don't we just eliminate our industry altogether.  The very art of being a Realtor is being a skilled negotiator!  That why people need us still in this day and time.  Any one can put a sign in the yard. (many do)  Any one can hire a virtual tour company. (many do)  Any one can right a contract that will work as a bill of sale. (many do)  But what many can't do is negotiate!  Like you said you know when one guys lying.  I bet you can also tell when other are lying and most importantly when they are not.  Its an art.  Its an art to council buyer as to how the process will work and where to expect to end up before the offer is even made.  It is an art to stay cool under pressure and to watch and listen for those signals from the Seller and or their Agent.  I have to tell you that is my very favorite part.  Do I like liars? NO...but they don't really scare me either.  Its usually easy to trip them up and then my job gets easier.   I've read many of your post and from them know you to be an out of the box thinker, but this idea sound like it comes more from the broker/owner prospective than a an aggressive Realtor.  It sound like a way as you said to level the playing field.  Problem with that is I don't want the field leveled.  Like the old saying goes, "If you can't stand the heat. Get out of the kitchen! I always like the challenge. 

2:58pm • #110
275,390 Points 10 Featured Posts Called Shot Master

Jason, not a bad idea.  Yet, it still boils down to ethics and those who know how to scam the concept.  I have been having multiple offers on my listings but I don't get calls telling me that they are submitting.  All of a sudden, one comeson the internet and I send a respond acknowledging the contract as well as phone call.  When I'm in multiples, I tell the agents that I have two other offers on the table, when they were shown to these people, what office the offer is from.    I tell them that I not there to play games with multiple offers and that all offers will be presented at a certain time.  They can come and present or they can stay home.  They have the options. 

I had a Realtor tell me that the property that we bid on had another offer on the table and she acted like a "friend" and proceeded to tell me that she liked me and wanted me to get the property for my client but we were the lower priced one and that they were at approximately "x' of the asking price!  I sent a form over acknowledge highest and best and we stayed put.  Now, the other offer, that was supposed to be there ..... the property never went under contract!  That offer was pretty close to asking price ..... so sometimes there isn't an offer and this type of system just might work.

BTW, I've been offline for a little bit - is there a baby?

 

3:00pm • #111
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Wow Jason, this sounds like a really great idea. It surely would keep the agents who have no idea what the code of ethics are on their toes. 

3:08pm • #112
501,798 Points Outside Blog Attended Rain Camp

I think that would be most helpful with these reo properties some agents say they have offers, when they are really waiting to put an offer on it themselves..that happens so much here.....

3:09pm • #113
405,745 Points 34 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jason, you are right, thereis no "perfect" way to accomplish this but I also think that people are always going to have misgivings and "trust" issues until we figure out a way to make our profession more professional. I like the fact that more people are beginning to take this seriously and educate themselves in all aspects of negotiation and  conflict management. As many of the comments have noted here, it's about ethics and more importantly "character" (which you either have or not!) This is very compelling post that has created some  healthy discussion!

3:12pm • #114

You have a great idea Jason!  I was a Real Estate Broker in Bend Oregon and I ran into several other agents who did the "We have another Offer" thing all the time!  Stay true to your idea! It is well needed!

Like you, I have the same passion regarding changing Real Estate Virtual Tours.  As an agent I always hated the bad music, 360 pan style, stagnant tours.  I acted on the feeling like you and created a company that does Cinematic tours like this:

http://tours.dualkeymedia.com

This modern method also gives the agent more web exposure to help them Stand Out from the crowd.  When going on a listing presentation, most agents love to be able to showcase these tours to the potential client.  Homeowners are usually very impressed by the agent who offers such a unique & modern way to showcase their property.  Helps agents attract, show and SELL their listings.

Torrey
3:19pm • #115
139,779 Points 3 Featured Posts Localism Sponsor Outside Blog

Jason, I think it would be better to have The Ethics Police conducting stings. I would be happy to provide my services for free. It would be like a secret shopper. 

3:27pm • #116
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Interesting discussion here.   When I know there is a multiple offer situation when I have the buyer, I ask for the other agent to sign a multiple offer form that shows and documents that my offer was presented.  On the other hand, when I am the listing agent and there are multiple offers, I always complete this form and return it to the buyers agent to document the other offers and to validate my statement that there multiple offers, especially when asking for highest and best.

So why not have the states enforce the agents and brokers to include this one extra form.  It is pretty easy and not costly at all !  ~ Chris

3:31pm • #117
179,006 Points 13 Featured Posts

Hi Jason,

I think this sums it all up, "The only objection I can think of from listing agents would be the amount of time involved", or for that matter the timeliness.

I can hear it already, "yeah, I haven't had a chance yet to submit the offer to the clearinghouse, I've been jammed". :)

3:37pm • #118
615,509 Points Localism Sponsor Outside Blog

With all due respect Jason, what what we need is NOT another middle man who will take away fees that Realtors make -- who will pay these middle man guys? This must be a way bigger problem for you in your market than it is here in Arizona. This does not seem to be a real problem here at all. Our 2 cents.

3:39pm • #119

What would prevent the listing agents from manipulating the service? It would only be a matter of time.

4:01pm • #120
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Kris - You may be right about the complexity, but it seems like some type of modification would be a step in the right direction.  And yes, it is sad to think that we have to force honesty on anyone.

JL - That is pretty much my thought as well.

Mary - I suppose that's true of ANY system that is in place, but it seems to me that having a system of any type would be an improvement over the status quo.

Kathleen - I think "sad but true" sums it up very nicely.  I have educated hundreds of clients about the commission structure - I feel your pain.  :)

Charles - This post really isn't about agents lying about whether or not a property is under contract or not.  I am more interested in the negotiation process from the beginning.  We have the same rule in place here in Austin.

Joan - The health care issues deserves its own discussion!  I agree completely - NAR has lobbyists that should be able to push this through somehow.  On the multiple offer part, I agree that agents have self-interest in mind sometimes, and I can't blame them, I suppose, as long as they are keeping their fiduciary responsiblities intact.

Larry - It sounds like you and I would get along really well.  I don't enjoy being lied to, and I can generally smell it from a mile away.

Terri - I disagree with your take on this, but I guess you knew that before you wrote the comment.  I do think it would serve as a deterrent if implemented correctly, although I do think that they would eventually find a way to circumvent that, too, more than likely.  I think that if clients thought agents had more accountability to some outside party (other than the state real estate commission) it might go a long way toward helping with our public perception.  I don't want to advocate additional work just for the sake of more work.

Tricia - I haven't ever requested that personally, but my business partner has.  I bet it would change the tone a LOT.  I guess I haven't ever done that because it seems unnecessarily pushy to me, but I think it would be effective.

Tere - I am not against true negotiating, and I think I'm pretty darn good at it, but not at the expense of the truth.  I appreciate the fact that you aren't sure if my idea is the best solution, but I would be interested to hear what you think might be.

Trey - Wanna help?  :)

Connor - I agree about health care, believe me, especially with my premiums!  The argument could be made that it is already a fineable offense to break the code of ethics (which I feel that this does, but I may be wrong).  Personally, I already try to avoid the agents that are notorious for this, but there are so many agents that my personal avoidance probably doesn't harm them very much, which (truthfully) is why many of them remain top-producing agents.

Cameron - Thanks for your input.  I agree that it would be a big undertaking, but I would be interested to see if it could be launched in a few markets initially as "pilot" projects.  I don't think the cost would be as great as you think, and I would be willing to sacrifice a little bit for the greater good of our industry (that's just me).  I do think, based on the comments I have received here, that it's something sorely needed for ALL REO-type properties and short sales.  Maybe it could be created, then used as an option for agents who wish to distinguish themselves in the business and with their clients. 

JB - No question about that.  I wish it wasn't something that ever even happened, but it does.  Glad you are enjoying the topic!

Hope - Thanks so much for making your initial point - I thought it was worth writing it down, even though it is clearly in the formative stages of my thought process.  On the paper/gas issue, we actually do get almost all of our commissions wired straight to the company account.  Just seems easier for everyone!

Marlene - Thanks!  I agree completely.

Richard - That's why I updated the post at the end to include the idea of submitting offers DIRECTLY to the outside service. 

Michael - I like the simplicity, but I think it still falls on the listing agent's head to be honest about that.

James - That happened to me THIS WEEK, as a matter of fact.

Luke - You're probably right - perhaps it should be implemented at a different level, or as an optional service (e.g. "We are 100% transparent").  The market here is quite strong right now, thankfully.

Tammy - I would be VERY interested to hear their opinion on this topic.  I like the fact that you have actually done something similar in past negotiations!  You may be right - perhaps the local level would be the very best way/place to start, then it could spread.

Lane - I guess there are a lot of things that are against the Code of Ethics, but it doesn't seem to stop agents from breaking them constantly.  I like your idea of a points-based system or something similar.  I have had agents ask me for proof before, and I have given it to them.

Misty - Maybe we could develop something and provide it as an optional service, which could eventually become the benchmark for ethical negotiations.  "Oh, you're not using Verified Offer?"  As I mentioned in one of my responses above, maybe the agents who DO choose to implement this could market it as such, as in "We have nothing to hide here - 100% transparency is our goal."

Mindy - I think your comment is missing a word.  What do you not have in your local market?  Liars?  I wasn't sure from the context.  Yes, multiple offers do happen, but not nearly as often as we are led to believe, in my humble opinion.

Isaac - I don't think you are naive at all.  I call that "trusting".  I am the same way - I am honest with other agents and with my clients, and I expect the same treatment from them.  However, I sometimes get a strong feeling that things are not what they seem, and I pass this along to my buyer clients as well.  Overall, I handle things much the same way that you described ("how far along are you?", etc.).  Thanks for your input.

Christine - That happens to me several times each year!  Thanks for your support on this topic.

John - I received one of those offers on Wednesday (almost verbatim), and it was done in a way that was inoffensive and served to show my sellers that the buyers were very interested, but they had a limit and needed proof.  I thought it was a terrific idea - did you come up with that on your own, or learn it along the way somewhere?  Good stuff either way.

Diane - Simply put, I agree.

Gail - I think to say that it would "never" work might be a little harsh, but we can agree to disagree.  It sounds like something that you would like to have, or at least in some form.  Tammy Lankford mentioned that she has done this with her local board previously (allowed them to verify things).

Michael - This was why I updated the post at the end to include submitting all offers DIRECTLY to whomever is doing the monitoring.

Kim - I have to admit that I find it interesting how many Texas agents love this idea.  Maybe it's a bigger problem here?  :)  I doubt that.  Thanks for the compliment, by the way!

Bob - I liked Tim's idea, too!  John's negotiating strategy is terrific, in my opinion.  Placing a checkbox or field in the MLS would do nothing to alleviate this particular problem in my opinion, because the listing agent is still the one in charge of the information (or misinformation!).

Marzena - I guess you can't please everyone, and sometimes people are simply jerks.  Thanks for your input here.

Linda - Frankly, I'm not even frustrated.  This isn't something that has happened to me lately as a buyer's agent.  I was in a multi-offer situation in January, but we "won" the deal.  I understand that you don't agree, and that's okay.  I don't have a problem with people disagreeing with the solution, but it seems a little harsh not to offer any other ideas along with it.  It would probably have come across better if you had offered an alternative or a tweak rather than just saying, "you are wrong".  And no, I don't actually buy into the idea that someone is trying to get the best deal for their seller if they are actively lying in order to achieve this.  It just doesn't sit well with me morally.  That's like saying, "I am trying to get the best deal for my family by not paying taxes."  The end doesn't justify the means.

Aaron - Thanks - glad to hear that you liked it.  I guess it is a little bit "out of the box", but it's a starting point!

 

4:06pm • #121

I'm with Bob and Carolin on this one, Jason, sorry.  First, I don't really see the need for it.  Most of the Realtors with whom I've dealt have been "straight shooters."  They don't practice puffery, and, for the most part, California looks rather dimly on those who push the envelope for a sale.  Second, the business of selling anything is best done person to person whenever possible, and adding another person/entity to the mix is likely to lengthen the time of the deal, the information needed for a deal to be made, and add a considerable amount of unnecessary frustration on the part of both the buyers and sellers.  Third, eventually, liars are found out--especially now when buyers are reluctant to engage in anything resembling a "bidding war", when the home doesn't sell because the fabricated "other buyer" never materializes, sooner or later the seller moves on to another Realtor and the commission is sacrificed. In other words, all parties quickly learn that lying leads to "no sale."

I'm all for enforcement, third party involvement and government intervention when needed, but this seems like an awfully small problem to be whacking with such a big stick.  Just my two cents...

4:09pm • #122
344,478 Points 16 Featured Posts Outside Blog Attended Rain Camp

We have enough rules and regulations. We just need more honest peole to tell it like it is. I never pay attention to any of the agents comments as the are just comments.  You learn which agents do this and you generally like them the least. The vast majority are not this way.

4:11pm • #123
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jim - I understand where you are coming from, and I agree with you about the art of negotiating.  Forgive me for turning some of your words back on you, but it sounds like your comment comes from the perspective of a listing agent, not someone who is working with loads of buyers.  This particular idea stemmed completely from my own work with buyers, NOT as a broker/owner.  I experience this phenomenon and deal with it far more often as an agent myself than when I am training/helping the agents who work for our company.  With regard to removing the art of the deal, so to speak, I am not advocating full disclosure of prices, etc., just a move toward more transparency in our dealings.  Yes, it levels the playing field, and yes, I would love for that to happen.  Frankly, it might have prevented some of the giant bubbles that popped in some markets around the country, but that be overstating things. I can personally stand the heat and I have for 12 years now, but I feel that this type of thing might help all of us.

4:25pm • #124
Outside Blog

I'm not aware of another industry that follows what you propose.  Even government bidding is mostly "blind" and no one knows what the other company is bidding.

What you suggest almost turns each sale into a form of an auction.

4:53pm • #125
1,225,859 Points 262 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Jason...

You have inspired me to write a post .... with due credit to you of course!

4:54pm • #126
240,697 Points 4 Featured Posts

Interesting idea - a clearing house. Once I was sure an agent was lying to me because he told me what kind of offer to make so I advised my client not to change his offer. The agent wasn't lying and awarded the offfer to someone else and my buyer fired me. C'est la vive.

4:55pm • #127

Jason, great thought, but I think it's just adding more people to the mix and, by the way, who will be paying for it?  Would the commission have to be upped to pay the 3rd party.  There's already a lot of fees the seller has to pay for.  My thought is just network within your association.  You'll get to know who's telling the truth and who's pulling your leg.  Just another 2 cents!

4:57pm • #128
260,424 Points 10 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

This could be something the portals like RES.NET could do, I suppose. it doesn't sound very different from the procedure to type in an offer online for a bank owned property. And it could be administered by the local MLS's too. There should be a field that only agents can see that says "reviewing offers" or "offers pending". It should be a broker only field. Aren't there administrative assistants out there that could do this sort of thing for each brokerage?

5:18pm • #129

this issue is only ONE of the reasons I like live bid real estate auctions!  All offers are given simultaneously in front of all interested parties and dealt with all at one time!  I realize it's not for all situations due to the lack of contingencies allowed in most auctions but it definitely levels the playing field and allows interested buyers unlimited opportunity to increase their offers based on competition seen and hearme

5:32pm • #130

I think the idea has some merit, however I wonder how much time & effort it would take to implement & moniter?  How much would it cost?  I know in appraisal, middle men (appraisal managment companies) were let in a number of years ago & now they control a large portion of the appraisal industry & typically take around 1/2 the appraisal fee.  At this point it seems unlikely they can be stopped, meanwile appraisers are forced to do the same work for 1/2 the pay.  Be carefull before you let the camel stick his nose in the tent, or you might wind up out in the cold like the arab in the old story did.

I tend to take that kind of talk from listing agents, unless I know them, with a grain of salt.  I'll tell my buyers what I was told, & then explain it may not be true.  We will often continue with our offer, unaffected by the claims, with the idea that if they don't like it they can counter.  If they are bluffing we call their bluff.  I think it's called negotiation or something like that, & 2 can play the game.

www.AZShortSaleSolution.com

Craig Chapamn
5:33pm • #131
154,372 Points

Hi again Jason,

I congratulate you for trying to initiate positive change in the industry.  It's almost like the Jason Crouch Honest House Selling Seal of Approval.

Tim Maitski should win 500 Bonus Points for the most creative solution!  :)

I'm very impressed with John Novak's practical approach.  His solution crushes any bluff.

 

6:21pm • #132
3 Featured Posts

Jason.

I have to agree with Bill's comment above.  If the agent has the ethical stance to fake offers verbally, they will also manipulate through paperwork to create perception.  I think it's part of the game. 

If it were monitored and inputed by brokers and not agents it would have some teeth....love the idea.

6:44pm • #133
707,348 Points 36 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Jason..sorry I didn't read 133 responses prior to making a comment, but I agree there should be verification of an offer, We post pending or contingent in our MLS.. But we should be able to Scan a form from a buyer saying they have given written instructions to convey and offer and good faith money is in possession of the listing agent or escrow agent. and acknowledge same

6:53pm • #134
5 Featured Posts Outside Blog

This idea won't work, it's not a bad idea, but one that will not work. 


The system now is flawed for sure, but for one simple reason, it requires the listing agent to notify you and in Georgia, they are supposed to update the listing once anything is signed.   Rarely happens.

I agree with the others, if you have an agent that is lying, a "system" or "service" can still be lied to anyway.

Incidentally, your post reminded me of the "3rd party servicing" that now takes place between appraisers and loan officers.  YUCK!


I understand the sentiment though!

6:54pm • #135
175,751 Points 3 Featured Posts

Jason,

I would be satisified if the local mls created an accepted offer field and required the agents to change the listing status within 24hrs of an agreement. This would box the listing agent into a corner. I would be harder to be dishonest.

6:55pm • #136
Outside Blog Attended Rain Camp

I understand your frustration with "the game" .  What I sometimes ask for is after I submit my offer, if the Sellers don't want to work with me because the other offer is too good, I ask them to sign on the first page real big over all the other writing "No Thanks" and their signature as well.  This way I at least know they saw the offer.

I have to say I'm not a big fan of the 3rd party idea.  Who is going to pay them? and what does that say about the competency of ALL listing agents if all offers have to go to a 3rd party to make sure everything stays on the level. 

Unfortunately, there will always be some bad apples in the bunch.

7:16pm • #137
177,370 Points
 

Jason, we dont have big problem with agents leading us on about having offers when they dont  in our local market. We have run into this before, its not as big of a problem for us as it is for you. We just closed a listing yesterday that have 3 offers in one weekend.  It happens. Mindy

My comment posted before I was ready. I could not find the edit button.

7:27pm • #138
156,415 Points 13 Featured Posts Called Shot Master

Jason,

I love, love, love the idea!!  I think you hit the nail on the head here...I think I can count the number of times on one hand that I have called to inform an agent that I was submitting an offer and have NOT heard a variation of your statements above!  A simple system that would be able to monitor this would be AWESOME!  Obviously you have gotten lots of people thinking and talking...way to go!

7:40pm • #139
957,271 Points 97 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jason, I read this post early this morning, plugged your number into my phone, planning to call you while driving to appointments. Here it is 12 hours later and I see that lots of others had stong feelings about your post. If you weren't so darn popular, I would give you a call. Good post with lots of good discussion.

 

7:42pm • #140
252,418 Points 3 Featured Posts Localism Sponsor Outside Blog

does this mean that an agent's WORD is not to be relied on? That would be sad, wouldn't it? But there are no check systems...just a ton of professional trust---and a code of ethics. It's an interesting discussion, and I'm sure it gets tougher in big cities. I guess that's one advantage of a smaller town...word will travel like wildfire if you act less than ethical.

8:06pm • #141

Incredible thought.  I think it would be beneficial to all.

8:17pm • #142
622,286 Points 21 Featured Posts Outside Blog

There are a lot of unethical agents trying to run the price up.  It sounds like a good idea.

8:21pm • #143

I wish I had more time to read all the comments on this post.  At first blush I'm not interested in something like this.  First of all, it truly should be in the sellers' hands as to how and when they want to reveal the existence of other offers, if at all (keeping the COE in mind, of course.)  Also - I just hate to think that the agents who lie are in more than the distinct minority.  We also can use escalation clauses here if there is a question about multiple offers.  I hate having to go to the lowest common denominator, just b/c if a few agents.  Maybe the problem is a much larger one in your area or maybe I'm just naive (or too positive!) but I think this is a minor problem in our area.

8:26pm • #144
156,303 Points

Jason:

You DO have a valid point and I DO agree with you. But will anything stop the agents who don't tell the truth?

8:28pm • #145
733,769 Points 231 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason... as you know, I am not a realtor... this does sound like a good idea. My problem though, how would one decipher if the offer is valid or not?  Meaning, even the 3rd party, how do they know this?  If it's just a paper with signatures on it?  I do like Alan May's idea then, that the broker must review the offer and basically put his stamp on this. I would think you would need some checks and balances with this idea, not just a 3rd party. Just my .02.

Jeff Belonger

9:01pm • #146
1,007,488 Points 36 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

It's an interesting idea, but if they went straight to the third party, are there any confidentiality issues?  Also, is it in the best interest of the seller?

9:08pm • #147
1,063,916 Points 156 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jason, I wonder if this went into effect if it would be housed somewhere like at a Title company. They seem to play the role of the neutral party a lot.

9:20pm • #148

Jason,

What a novel ide--who knows if something like this might someday happen?

9:29pm • #149
283,457 Points 5 Featured Posts Outside Blog

Hi Jason,

You've got a point.  I always tell my buyers the story about the TV show back in the 90's called COACH - Hayden Fox and Christine (characters).  Hayden bought a cabin in the woods on impulse, because the agent said she had another couple interested, who wrote an offer.  That made Hayden even more interested.  He made an offer and got it.  When he went home and told Christine, she went crazy and said that he's to go back and get out of the contract.  So he did and when Hayden told the agent that he wanted to back out of the deal, she said he couldn't, to which he replied 'what about the other couple with their offer' and she said "I'm sorry I lied.  There's not another couple."

The moral of the story is, in a "multiple offer" situaation, tell your buyer clients that there may or may not be another offer and there's no real way to prove it.  They could show me another contract with signatures, but how did I know it's real?

That's really sad, but I'm sure the situation happens.

9:31pm • #150
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Jason, I agree that we need to keep each other honest and accountable.  To implement your idea, I would like to see a FIELD in the MLS that shows the # of offers pending; and the BROKER has to input the #.  Not that all Brokers are honest, either; but that would curb most of the unethical activity.

The BIGGEST problem I see in this area now is with REOs and Short Sales.  The banks don't respond right away.  I've heard stories of agents lying that they presented offers to the bank, when in fact they never did.  They are holding out for other offers.  Meanwhile, the listing agent tells the buyer's agent that the bank is still waiting to respond.

 

9:48pm • #151
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Jason,

Thanks for a least an idea to possibly implement to keep the Realtors honest..isn't it a sad commentary on our industry!!

10:28pm • #152
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Jason great discussion.  It is very sad that people can't be ethical.  I doubt more regulation will improve the situation.  Agents who usually use such a ploy are known in the marketplace and their comments are ignored.

10:37pm • #153
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Barb - It sounds like you have had some situations arise that would merit a system or service like this being in place.  No, no baby yet - we are about 6 weeks away from our due date!  Thanks for asking!

Teresa - Thanks for saying that!  It seems as though the crowd is split into two distinct camps over this topic. 

Konnie - You are about the fifth person to indicate that it would be helpful with bank-owned properties.  I may try to pitch this idea in that arena first.

Russell - It created even more discussion than I had expected!  Thanks for stopping by with your thoughts.  As you know, this is not the type of thing that you or I necessarily need in place because we handle our business via the Golden Rule, but I do think some version of this could be highly beneficial.  I may just develop it myself and offer it as a marketing tool for agents.

Torrey - Thanks for your thoughts on this.  I will check out your site.

Cristal - I remember hearing horror stories about that kind of thing happening when I was in real estate school in 1996.  I think it would be awesome!

Chris - This may sound terrible, but I don't know if such a form even exists here in Texas.  I would love to see a copy of the one you use there.  Would you mind emailing it to me at jason@austintexashomes.com

Mark - I think the solution is quick - submit the offers straight to the "offer service".  No excuses then.  Many companies already use a showing service - why the heck not?

Bob & Carolin - You have been blessed - there's nothing else I can say in response to that.  Either you live in the most ethical pocket in the country, or you haven't run into the "bad guys" yet.  I think this particular solution of mine might best be marketed to specific companies looking to stand out from the crowd. 

Stephen - Perhaps, but it would be tough to circumvent if implemented properly.

Grace - If you don't see the need for it, I sincerely think that you should count your blessings, frankly.  You have worked with a stellar group of agents, and I applaud them.  I'm happy to hear that California takes a strong stance against this type of thing, but I have never even heard anecdotal evidence of that fact here in Texas.  The more I think about this idea, I think the idea of an "offer service" as a standalone product could help individual agents and companies stand out from the sea of Realtors.  Not only would it increase your integrity standing with clients, but other agents would KNOW without a doubt that they are dealing with someone who wants to be 100% above-board and transparent in their dealings.  As for the notion that this is an "awfully small problem", I wonder if during the really good years in California, Vegas, Phoenix, etc. puffery might have played a part in jacking prices up to inconceivable levels, contributing to the bubble which finally popped.  After all, how hard would it be to convince someone to pay a much higher price when things were already selling hand over fist?

Eric - I wish I could agree with all of your thoughts here, but (sadly) I cannot.  I do agree that we need more honest people to tell it like it is, but there is a reason that we are one of the least trusted professions in the country.  The more agents I deal with and hear about (both in my everyday business and through posts I read here on AR and elsewhere), the more I realize that the real estate industry has few barriers to entry (education, capital, etc.), so it tends to attract greedy, "salesy" people sometimes.  Granted, most agents are probably rock-solid in their dealings, but there is a larger percentage of bad ones that I care to think about.  Interestingly, I posted a link to this post on Twitter as well, and the input that I got from the general populace (i.e. non-agents) was 100% positive.  What does that tell you about how we are perceived?

Drew - Are you suggesting that the government bidding model is something to be emulated?  That seems to be one area that most people agree is rife with backroom agreements, nepotism, and just plain dishonesty.  With regard to an auction, I can't think of anyone I have ever met who felt that they were cheated or paid too much when involved in an auction.  When I buy stuff on eBay, I don't second-guess myself, nor do I think that the seller ripped me off, because I can see the bid history.  Maybe that's why that site is one of the top 10 in the U.S. - accountability.

Richard - I look forward to seeing your post!  Thanks -

Robin - That type of thing does happen sometimes.  I try to use my truth radar to discern this stuff, but it doesn't always work!

Sue - I think it could be offered as a standalone service, perhaps something that listing agents or companies would cover on a transaction basis.  This could be passed through to the client, or absorbed as part of the commission.  If it were done on a "per transaction" basis, the cost wouldn't be that much.  I wish that networking within the association were enough, but we have over 10,000 members in our local board, with people entering and leaving all the time.  I rarely do more than a deal or two with any one agent in the area.  It's easy enough to stay away from the bad ones once I have encountered them, however.  :)

Christianne - I like all of your thoughts here.  If it were done by assistants, I think they need to be the ones that are not strictly employed by any one real estate company.  Good stuff!

Linda - I think the auction model is a sound one, generally speaking, as I mentioned to Drew above.  Thanks for your input!

Craig - I can appreciate your comments about the appraisal stuff, and that is by no means what I am suggesting here.  With regard to your comments about negotiations, it sounds as though you think I am afraid of same.  Nothing could be further from the truth.  I LOVE to negotiate, which is why I have many friends who ask me to help when negotiating anything at all (car, insurance, loan, etc.).  I have also trained about 50 agents over the years on this topic.  I am well-versed in negotiations, which is why I can see the inherent problems in our current system.  Like you, I often call the bluff of the other agent, but I wish I didn't have to deal with it in the first place.  To me, it seems really old-school.  With the technology that we have available in 2009, surely a better system or service could be devised.

Bruce - Based on many of the responses here, perhaps I do need to just market this service on my own.  Why not?  Also, I agree with you about Tim and John's comments!  :)

Casey - I agree with you that liars will lie regardless, but (on a side note) I have found often times that lying and laziness go hand in hand, so listing agents who make it a practice to deceive their clients and/or other agents might not be willing to do the extra work involved to convincingly fake an offer.  We had a guy that used to work for me that was caught stealing DAILY from a large retail chain - his paperwork was ridiculously sloppy - no effort there at all, almost like he wanted to get caught.  At any rate, thanks for your comments and support of the concept.

Steve - Simply put, thank you!

Joshua - With all due respect, there are a lot of things that you and I currently enjoy in 2009 that were in the "that won't work" category not that long ago.  :)  What if the offers were submitted directly to some outside party, as I mentioned at the end of the post?  Also, with regard to the manipulation of paperwork, etc. please see my response to Casey above.  Thanks for your input!

Marty - I wish I could say that it would stop the rampant abuses that exist now, but that solution pretty much still requires honesty at the outset, right?

Krista - The more I have thought about this and read through every comment so far, I think this service should be offered as a standalone product for listing agents who want it.  With regard to the competency of all listing agents, I have a feeling that the general public would see this as a positive step forward, rather than questioning our abilities.  After all, how many industries willingly submit themselves to scrutiny?  If our ethics and integrity were widely revered, I would see your point, but how could it be damaged any further by implementing a system of checks and balances? 

Mindy - Understood - I am happy for you!

Jeanna - Thanks so much for your supportive comments.  I was kinda surprised at how many people were vehemently opposed to this idea, actually.

Margaret - You left me hanging!  Send me an email or something.  I would love to hear your thoughts!

Mara - In a word, yes.  I am certainly not trying to assert that the majority of agents are liars, because I don't believe that.  However, I do think that there are enough bad apples in the bunch that having a system of checks and balances wouldn't hurt things.

Peter - Thanks!

Russ - Yep.  Thanks for your supportive comment.

Becky - I hate to sound jaded, but you may be right - perhaps you just haven't been burned enough times yet, or maybe you live in an area where this truly doesn't happen as often.  I like positivity, though, and I am not trying to sound negative, just realistic.  Sadly, I don't think that these bad agents are the "distinct minority", at least not based on the anecdotal evidence that I have seen, read, and experienced. 

Sandy - Thanks!  Yes, I really do think that something could be implemented to stop them.  Perhaps I am just an incredible optimist, but then again I don't think I would have believed it when I was a kid if someone told me that I would be able to type words on a screen and broadcast them to the entire world.  :)

Jeff - To be sure, this idea is something that I have never spent hours considering (until today, that is).  I do think it has merit, but it would have to be discussed and tweaked to make it work correctly. 

Christine - I don't think that any new confidentiality issues would arise that don't already exist in the average real estate office, but perhaps they could be bonded.  I sincerely don't understand how the seller could be harmed by honesty, since the raw numbers on the contract would never be divulged.  I can't think of a single client who would find this harmful.  How do you think it would be detrimental to sellers?

Gary - I LOVE that idea, especially since title companies are always looking for ways to add value for us, following the regulations here in Texas about not paying for marketing materials, etc.  Great thought!

Diane - If it is left in my hands, I might just make it happen myself.

Dan - It's a good and valuable story to use, and memorable as well.  Thanks for sharing that one.  You are spot-on with how to handle a "multiple offer" situation.

 

 

10:43pm • #154
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Regina - I think you are the sixth or seventh person to mention the REO stuff.  I think this should be pitched in that arena first.  I like the broker field idea, too!

Dorie - There is no question that it's a sad commentary on our industry - thanks for your supportive comment!

Jennifer - I agree with part of your comment, since there are a handful of agents who are known for this and get a bad reputation.  However, there is so much turnover in our business (at least here) that there is always a fresh crop of bad agents to discern.

10:50pm • #155
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Jason,

No doubt about it that knowing the current status of a property is important when preparing an offer to purchase.  You are right about the administrative aspect of reporting a pending sale as well.  My concern would be if I was representing a Seller in this kind of scenario.  When a buyer's agent sees that there is a pending offer they skip over showing it to their buyers because in their mind it is as good as sold.  Potentially, those same buyers may have put in an offer as well had they viewed the property.  Interesting concept and one that NAR should consider.  Take care and happy blogging!

11:01pm • #156
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Jason - I don't know if NAR is the right way to go or not, but I think it would be helpful.  More than likely, it wouldn't harm sellers at all, because buyer's agents would learn to just call and figure out where things stand, regardless of whether there is an offer on the table or not.

11:04pm • #158

Call me crazy, but I like to call the listing agent and see if I can "divine" any information that may help me and my client (above and beyond their words). It also gives me a chance to see what the agent is like and how to tailor my presentation. Even better, I try to deliver the offer in person. I haven't had too much difficulty with "dishonest" agents. Agents who don't do their job very well is another story.

Claudia Jordan
11:34pm • #159
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Jason,

The good agents will call ahead of time to see what the status of a property is prior to showing it, many others simply won't!  I would imagine this system would best work if it was mandatory to communicate with all inquiring agents that a property had an offer coming in on it.  Bottom line is anything that effectively communicates what the true status of property is would be better than the current system that most of us deal with on a daily basis.  Great post and it has the little wheels in my mind turning round and round right now!  Take care and have a terrific evening!

11:37pm • #160

Crap! I can't believe I didn't get to read this until now! We need an Active Rain app for Crackberries, seriously. Brad, can I work on that?

Anyway, Jason...you get the Great Conversation-Starter Award. Just sent this to 20 other agents in my area and talked to 2 on the phone. You'll be surprised when you hear our consensus...

We are so lucky, PRAISE THE LORD, that we live and work in an area, that all of the agents are honest; the few that aren't, EVERYBODY knows who they are. Now I'm sure there's probably quite a few folks, Jason, you included, who are from MUCH bigger markets than we are. I guess it's the beauty of living in a small but still moving market. I've been in multiple offer situations,but most of the time with a friend in the business who I trusted. Some worked out for me, others didn't. MY philosophy is to do my best, and those folks that get out of line with dishonesty around here are the ones that need a good ole Southern ass-whuppin. Thankfully, it's been a while since I've had to straighten anyone out and it wasn't in real estate.

Now, if I ever GET to a situation where I know (or find out later) that another agent was dishonest ABOUT ANYTHING,...

Well let's just say that the headline will read something like, "20 in Jail, and 1 Seriously Injured as Local Realtors riot on Realtor Caravan."

It tell you, we don't need the 3rd party, our 3rd party is something spiritual. I love your idea though Jason. I would encourage you to form better alliances and good friends with all the other producing agents in town.  A good strong Association won't put up with certain agent's crap. Maybe it's just here, but we have folks that'll get the MLS police to call and tell you something's wrong. Fix it or be fined. It's actually hilarious. Some folks have nothing better to do. If some agent lies about multiple offers down here and folks find out about it...it would come back to haunt him!

Thanks for the good conversation Jason.

11:39pm • #161
531,037 Points 4 Featured Posts Outside Blog

Jason: Sounds very interesting about the clearing house idea.. Just not sure how that would work... Hmmm

11:56pm • #162
MAR
01
2009
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Jason - 162 comments later, much has been said about this situation. I would like to also add that there are situations where there really is another offer and the agent has both sides and you have this funny feeling that they're not disclosing something. We ask. The other agent doesn't like it, but they have to disclose. I really like John Novak's clause and I'm going to use that in the future. May not work all times - as someone else said - but if someone isn't telling the truth, their Sellers will know it.

12:05am • #163
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In our MLS, we can view the "listing history". We can view how long it's been on the market, what other agents have had it listed, and the date it was previously pending. I guess it doesn't show ALL the previous contracts, or if there have been other offers, but we can at least see some of the listing history.

1:45am • #164
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Couldn't read all of the comments but in my area some unethical brokers send their buyers to knock on the sellers door to check out if the listing agent is telling the truth, geeez.

5:29am • #165
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interesting point and ideas - however, you can only regulate so much - every business is going to have people that operate unethically and that will never change due to human greed in my humble opinion

6:28am • #166

Good idea if you could figure out how to take the human factor out of it. It seems to me that if an agent/Realtor(R) is involved it will still come down to ethics. I tend to agree with one of the comments about a point system against the license. Every time you get busted being unethical in any manor in a transaction you get a point on your license that is made public. After X amount of points your suspended or revoked from Real Estate practice. Thanks for the post.

6:31am • #167
121,935 Points 3 Featured Posts Outside Blog

Jason - your concept to use administrative tools to enforse ethics is interesting. I understand your feelings. I am in the similar situation of getting the multiple offer disclosure on the REO property as a response to my clients' offer right now. Disclosure sounds like not bad idea, too unless you realize that this disclosure does not mean anything. No proof, no way to check it out.

This idea is kind of unrealistic also because the sellers can put specific condition of non-disclosing information about any offers received into a listing agreement.

Listing agent has an obligation to present any offer to the sellers. However, there is no obligation to publically disclose information about the offers. Very contraversial issue. 

7:57am • #168
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Interesting that I found this as my last 4 buyers were all in multiple offer situations.  Something I did find out though is that banks arent taking escalation clauses.  so final and best means final and best.

9:04am • #169
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I love this idea.  As I am currently stuck in three different situations with bank listings and I know we aren't being given the true information I can really relate to this.  Hopefully someone will take you seriously and figure out how to implement something simple to remove all the game playing from the system.

9:21am • #170
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I think this is a great idea Jason....too bad we can't rely on other "ethical" agents to be quite so "ethical", then this would never even be considered.

9:39am • #171
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Write up and present the offer. Regarless of whether there is another offer coming it may or may not and your job is the messenger presenting what you have.  If you stay focused on what you need to do, it is less of a distraction on the person you are dealing with and the postive or negative vibes (drama) involved.

10:12am • #172
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Wow....172 comments posted as I'm writing this comment and no I did not read them all.  I don't agree with a third party clearing house.  I do agree with the thought and something need to be done.  Let's keep it much simpler, with audits by the local or state board of Realtors at the request of a member agent (like the challenege rule in football, we get a limited amount) and/or random.  They should be policing and enforcing ethnic issues.  Besides what do they really do to earn the fees we pay.  I'm not going to get into what I think of the NAR.....is not nice.

10:33am • #173
221,977 Points 9 Featured Posts Outside Blog Called Shot Master

I didn't read all the comments, but I think it is an interesting idea. I agree with Bill G. that some could get around it by getting fake offers written up. There will always be unethical people no matter what you do to try ot prevent it.

11:06am • #174
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On a side note brother....you are a BEAST for responding to every comment on this topic!!!  Well done and you should receive some love in way of points for this one.

11:40am • #175
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Claudia - I like doing that, too, especially since it's really the only tool that any of us has to determine what the best move is for our clients.  I am happy for you that you haven't had to deal with many dishonest agents.  I seem to attract them during my transactions.

Jason - I am happy that I got you thinking!  That was really the primary reason for writing this post in the first place.

Jay - Wow!  It sounds like this topic struck a chord with you.  Thanks for sharing this info/post with others in your area.  As you indicated, things are tougher in bigger markets, at least in my own experience.  I agree with your point about God being the ultimate third party in our dealings.  Sadly, many of the most unethical agents around are often the most successful, too. 

Roland - Clearly, I am not sure yet either, but I do think the idea has merit.  Every consumer that I have shared this with has been very excited.

Frank/Sharon - I like John's technique as well, and it's one that I received on an offer this week here in Austin.  I thought it was a stroke of genius.  I only disagree with your last statement - often, I have witnessed listing agents who "get away with" stuff that their clients don't know about.  Case in point, I had a client who was interested in a home a few years ago, but the buyer's agent commission was 1/2 of what I typically receive.  The owner had no idea that it was unusual.  The listing agent just decided to "share" his big discount with the other agent unilaterally.  Clearly, this guy had no interest in working with other agents - he wanted all of the commission himself.  Clients are not always aware of what's going on, sadly.

Lisa - It's the same here in Austin - we can access a lot of basic info via the history.

Miriam - That does sound pretty extreme, but I guess I could understand it in some cases.  I wouldn't do it myself, but desperation causes people to do odd things sometimes.

Randall - Overall, I agree that regulation can only do so much, but why not make it a little tougher for people to openly lie?

Craig - Thanks for your comment - I had edited the post at the end yesterday to reflect the fact that this would probably only work if the offers went directly to the outside party, rather than depending on the listing agent to forward paperwork, etc.

Svetlana - I think you are about the 8th person on this thread to express frustration about REO properties.  If nothing else, there is definitely a need for some type of accountability there.  You said, "This idea is kind of unrealistic also because the sellers can put specific condition of non-disclosing information about any offers received into a listing agreement."  You are correct - sellers are the ones who can authorize this, but how many sellers would specifically place a clause like that into a listing agreement or prohibit their agent from disclosing the existence of offers?  How would they even know to do this?  I have never seen nor even heard of this during my 12-year career.  Furthermore, an agent who counsels his client not to disclose the existence of other offers clearly has self-interest in mind, NOT a fiduciary relationship.  Why else would you withhold that information?  I don't think the fact that it's possible for a seller to do this would make the idea unrealistic in any way.

Brady - Let's face it - banks are making life hard for many of us these days.  I would like to say that I am surprised, but I'm not. 

Stacey-Ann - You are one among many commenters here who is having issues with bank-owned properties.  I guess I need to figure out how to pitch this idea there.

Tina - True.  I wish the need wasn't even there.

Andrew - I agree that is the only method right now, but what if buyers really were protected more during negotiations? 

Mark - I don't think most of us are fans of NAR these days.  I like the "challenge" idea that you propose, and I agree that the coffers are probably very full now at both the local and national level.

Kristi - I edited the post after Bill's comment to indicate that the offers should go directly to the service/system rather than the listing agent, which would dispel this problem.  At the very least, it would require much more effort to circumvent, along with the help of lenders, etc.

 

 

12:02pm • #176
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Casey - Feel free to suggest that to the guys in charge if you like.  Thanks for noticing, and for your extra comment!

12:03pm • #177

It looks like you hit a nerve.  Perhaps dealing at the state level initially would be more successful. 

12:18pm • #178
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Georgia - I think I like the idea of starting locally first, perhaps by adding something to the MLS.  Richard Weisser wrote an interesting post on this, and I got a great comment on Twitter about the same thing.  What if buyer's agents could just click a button that says, "I have submitted an offer on this property"?  We all have unique logins, so it could easily be tracked, much like lockboxes. 

12:27pm • #179

An unintended consequence of even telling other agents that you have an offer is discouraging some buyers from making offers. I have had multiple people withdraw offers when we are told that there was another offer. One client said he did not want to bid against himself when asked for his best and final offer. Of course we have the inventory that will allow this kind of behavior.  

12:46pm • #180
275,390 Points 10 Featured Posts Called Shot Master

Hey Jason, could there be some validation to the offer so if one clicks one that they have an offer, or were thinking about submitting and offer that there is an automatic fine that is non-reversable for offenders who think it is a game to play with ones listing inventory.  Let me know your thoughts.

12:47pm • #181
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Jason, your comment about learning that too many agents are UNETHICAL and that the good ones are in the minority... I believe this is true. Sad but true. In my local dealings, I swear I see more BAD agents than good ones. The ones here active on AR are in the MINORITY I believe. I wish it was not true, but I think it is. 

1:23pm • #182
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Jason our market is REALLY bad right now in the multiple offer arena plus getting a hold of some of these list agents who have several hundred in their listing inventory.  Some of the big ones have outside sites like broker brain to help us out.  Several buyer's agents in town are requesting the MLS to have a button that shows if their are offers on the property to help us decide.  Many banks have mandatory minimum market times on listings so it is really deceiving on what is going on here.

1:30pm • #183
178,399 Points 10 Featured Posts Hit Router

Hi Jason - suggestions are always good. We have the same thing happen to us almost every time we have an offer. It is frustrating to know whether or not there really is an offer.

2:54pm • #184
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Hi Jason, Love the idea. In Miami there are way too many questionable situations. I believe this phrase is the mantra of some agents. It would be nice to clean up the industry some more. A friend of mine recently said the good thing about real estate is that you don't need a formal education to make money; and the bad thing about real estate is that you don't need a formal education to make money.

6:29pm • #185
5 Featured Posts

Hey Jason--I absolutely agree with you and love this idea! This is something that NAR should seriously look into finding a way to implement this. Great post!

Have a good night,

Anne Rains

9:58pm • #186
1 Featured Post

Hi Jason, I think this is a great idea but don't know how enforceable and effective it would be in practice.  You have no idea how many properties I find that are already under contract but still show up active on MLS.  So much of the information is as good as the source that put it in, and at times the source leaves a lot to be desired.  :-O

11:27pm • #187
MAR
02
2009
175,760 Points 2 Featured Posts Hit Router

Interesting concept.  I really have not had this issue as I insist that I present my offer to the Sellers directly with the Seller's agent there... Then we make the acceptance date within an hour or two of the presentation.  Let them discuss the offer while I wait in the car outside with my Buyer's.  Put it to bed then and there or no deal.  If there is another offer, we present them one right after the other.  If they say there is another offer, find out when they are presenting to the Seller and insist that you are there at the same time to present yours.  If you feel that they really don't  have one, call them on it... then report them and their Broker.. they will only lie once.... Entering in a third party would not allow the Buyer's agent to present to the Seller, which is common practice here... My two and a half cents worth. 

1:07am • #188

Wow Jason, so many comments - congrats! Not being a Realtor, this sounds like a pretty good idea to me. I do have to mention though, that any time that you add another "layer" to something, there is more potential for errors or hold-ups, etc. With the new HVCC going into effect, I am finding myself VERY frustrated at the turn time on appraisals and it is difficult to deal with the appraisal management company rather than just deal with the appraiser directly. I know that this is a little different as you don't require them to do anything but verify an offer, but could it somehow cause a delay?

Great thought though and it sounds like you are on your way to figuring it out! It is definitely a hot button with many Realtors!

1:23am • #189
MAR
03
2009
1,480,497 Points 275 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jason, there was a condo that never sold.  I had a buyer who was more or less interested, and every time I called the agent he would tell me that another offer was about to come in.  Never happened.  My  guy didn't buy the place either.

11:00am • #190

Jason - It seems you really touched on something. My first thought was what about the seller! Advertising how many offers a property has had or not had seems like a disservice. While I agree I don't like the agents who claim to have offers that really are non-existent I know who those agents are in my area and sounds like you know them in your area. They have lousy sales techniques, so why burden the rest of us with added work? I think most clients understand there are good and bad agents. If you are really set on some kind of clearing house for offers I think it would be best left at the local MLS level rather than at the national level. Anyway, just my thoughts.

6:52pm • #191
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Ted - You are correct.  This can certainly happen sometimes, but at least those are situations when it's the truth causing it!

Barb - I love this idea, frankly.  I think I may propose something along those lines in our local MLS.

Erica - Sadly, I agree with you.  :)

Renee - It sounds like the easiest and perhaps best solution to this problem.

Kevin and Monica - Thanks for your input!

Michael - I have a similar saying, although on a different topic.  Real estate is not as easy as it seems when you're not doing it, nor as hard as it seems when you are.

Anne - Thanks for your strong words of support!

Zilkia - I guess that's why I would opt to remove the source of the original problem from the equation if possible.

Darren - I haven't ever been present when an offer of mine is presented, although I would love to be there.  It's not common practice in this area.  Thanks for your input!

Libby - I think the quickest solution would be something in the MLS controlled by the buyer's agents who have actually submitted offers.  A button/field accessible only with an MLS login seems like an easy fix.

Pat - It seems like that is simply the modus operandi of a LOT of agents out there, but many times they are just shooting themselves in the foot!

Kathie - I sincerely don't see how telling the truth is harmful to the seller.   I am not recommending that a running tally of offers be maintained, just whether or not there are any CURRENT offers.  I wish I knew all of the dishonest agents here, but I don't.  I have run across a good number of them over the past 12 years, but there are 10,000 agents, with new ones coming in (and some leaving) all the time.  I am not looking to burden anyone with a lot of extra work - what about a button that a buyer's agent could click on within the MLS to indicate that they have placed an offer? 

10:02pm • #192

I love this idea! 

It has gotten where I never know whether to believe anyone unless I have worked with them. 

I have never checked to see if there is anything wrong with this but if I have multiple offers or am expecting offers from other agents I let all the agents involved know which agents are involved.  I figure it is better than the agents wondering if I am telling the truth or not if they have never worked with me before.

George

10:18pm • #193
837,443 Points 163 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

George - Thanks for your support on this idea!

10:27pm • #194
MAR
04
2009
347,735 Points 1 Featured Post

Great idea. Just a few months back I had a Realtor shop my offer to another Realtor who had showed the home. Guess what it was my BUYERS REP!

7:22pm • #195
MAR
05
2009
Outside Blog

Jason - What about the way they do it in Toronto?  Did you read the post from Sylvie Conde - What are the rules for ensuring your offer gets to the seller? 

12:04am • #196
MAR
06
2009

Interesting idea, Jason.

Seems to me that a necessary precursor would be the unified MLS system that people have been begging for, for years.  That would provide a central repository of listings, with updates, that could be searched.

The "police patrol" could then ride on top of that database.

... Robin

11:26am • #197
MAR
07
2009
160,983 Points

Jason,

A real popular one in the REO market is:  We have multiple full price offers, but are still waiting for an answer from the negotiator or asset manager.

Ray

5:11pm • #198
JAN
31
2011
226,299 Points 20 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

Okay, so I ddin't read all 198 comments, but I came here because of your today featured blog post and I wanted to comment on this!  I hate it when I am told we just got another offer, uggggh.  So I would be on your bandwagon to change real estate.  I could be the Virginia anchor of the movement. 

9:00pm • #199

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Jason Crouch, Broker - Austin Texas Real Estate (512-796-7653)

Austin, TX

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Austin Texas Homes, LLC

Address: 3636 Executive Center Drive, Suite 210, Austin, TX, 78731

Office Phone: (512) 796-7653

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I write about humorous stories, family, things that are interesting to me, and the Austin real estate market.

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