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TRY THIS CONTRACT PRESENTATION ON FOR SIZE -- ETHICAL? PROPER ETIQUETTE?

By BILL CHERRY

Real Estate Agent with Bill Cherry, Realtor 0124242

April 01, 2009 03:47 PM

I had an interesting experience recently. My client made a serious offer to purchase a home listed by another agency. The agent is also the broker and owner of the franchise office.

We faxed the document and copies of the option and earnest money check on Friday evening.

Saturday passed, no response. Sunday, no response. Tried to call the agent, no answer. Emailed the agent and asked if she had gotten the contract.

She responded that she had, that two other offers better than my client's had subsequently been received, her client had chosen one of them, and she had placed the listing in "pending" on MLS, inferring that that sufficed for notifying me of the failure of my client's contract.

If real estate brokerage has fallen to this level of both etiquette and ethics, it's time for me to hang it up after 44 years.

BILL CHERRY, REALTORS

DALLAS - HIGHLAND PARK

214 503-8563

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David Timm

Coldwell Banker Residential Brokerage - Fort Collins, CO

CRS, EcoBroker, GRI, ABR

It is at best Lazy.

I had an agent come to me face to face today tell me my clients did not have their offer accepted. She was sad. I was impressed. My clients will move on.

Peace

Apr 01, 2009 03:57 PM

Paula Swayne

Dunnigan, Realtors, Sacramento (916) 425-9715 - Sacramento, CA

Realtor-Land Park, East Sac & Curtis Park -Dunniga

Hi Bill!
Awww...that IS awful! But, being the eternal optimist that I am, I firmly believe that there are a lot more of us that recognize common courtesy in our industry that those that don't! I am certain you will find a better house for your buyer and they will be glad they didn't get that one!

Apr 01, 2009 03:59 PM

Steve Shatsky

Dallas, TX

Hi Bill... I hate to hear stories like this. What ever happened to the concept of professional courtesy? I guess it has been replaced by arrogance and inconsiderate behavior?

Apr 01, 2009 04:00 PM

Gary McNinch

Better Properties Real Estate - Renton, WA

Broker, Renton WA Real Estate

Well Bill,

Absolutely poor form, unprofessional. Obviously this agent only cares about themselves. What happened to Cooperating Broker.

List and Sell (hope you don't have to deal with them often)

Gary @ RentonHomeFinder.com

Apr 01, 2009 06:06 PM

Richard Weeks

Dallas, TX

REALTOR®, Broker

Bill,

How difficult would it have been to just send a quick email or phone you about the other offer. No wonder we have such bad reputations out in the public. The actions of a few affect many.

Apr 01, 2009 11:27 PM

Charlie Ragonesi

AllMountainRealty.com - Big Canoe, GA

Homes - Big Canoe, Jasper, North Georgia Pros

You know Bill one lazy Person does not represnt us as a profession. Yes you are right it stinks. But not enough to make you want to quit. If you do the percentage of bad to good will increase by 1

Apr 02, 2009 12:16 AM

BILL CHERRY

Bill Cherry, Realtor - Dallas, TX

Broker & Wealth Coach

David, Paula, Steve, Gary and Richard --

Thanks for your thoughts and for confirming for me that I'm not the one who's out of line.

I came to Dallas from Mayberry on the Coast (Galveston). I now realize that business practices are often times dictated by the size of the town. I suppose the common rational is that Dallas is so big that offending people doesn't really have a penalty, since there will probably be many others to take their place.

In the smaller cities, where most people know you, when you screw up within moments the whole town knows and reacts. The lady real estate broker/owner would have a BIG mark against her...not that I would have dictated that, but my client would have.

I'm trying my best to learn how to not be disappointed when I come across big city bad behavior. Of course, unless I'm absolutely forced to, I won't be working with this agent again. That's my choice.

Bill

Apr 02, 2009 12:22 AM

Michael Setunsky

Woodbridge, VA

Your Commercial Real Estate Link to Northern VA

Bill, it is common professional courtesy. You should have been notified with at least a phone call. One bad apple doesn't make for a bad profession. Don't hang it up.

Apr 02, 2009 01:02 AM

Joan Mirantz

Homequest Real Estate - Concord, NH

Realtor, GRI, CBR, SRES - Concord New Hampshire

Bill...not only was this totally discourteous...I would be wondering if #1 if my offer had even been presented # 2 if the"winning offer was her own Buyer? Guess I'm just suspicious!

Perhaps it would merit a procedure change making it mandatory that Sellers acknowledge receipt and rejection of all offers rejected offers received?

Apr 03, 2009 12:24 PM

BILL CHERRY

Bill Cherry, Realtor - Dallas, TX

Broker & Wealth Coach

Miss Joanie, I couldn't agree with you more!!!! Thanks for your thoughts.

I don't believe for a moment that all of these offers came in from the sky at the same time.

I "invented" the practice years ago of having my selling client formally, and in his/her/their handwriting, reject contracts they didn't want, and to sign, date and enter the time of day. That's what I would deliver back to the co-op agent.

In Texas our earnest money contracts do not have a place to enter a date and time the submitted offer will expire if not accepted. I have always thought this to be a serious deficiency, even though I add that verbage as an amendment on the ones I prepare.

Apr 03, 2009 03:51 PM

Connie Case

Platinum Realty Group - Fountain City, TN

Realtor, Knoxville Tn.

Bill,

Was, it a Foreclosure? If it was you really have to stay on top of them.

Apr 04, 2009 07:25 AM

BILL CHERRY

Bill Cherry, Realtor - Dallas, TX

Broker & Wealth Coach

Hi, Connie --

Nope, it wasn't a foreclosure. Some little lady who put her house on the market with the owner/broker of one of the more "noisy" franchise offices.

Apr 04, 2009 07:36 AM

Trey Thurmond

BCR Realtors - College Station, TX

College Station , Texas Homes

Bill I feel these pains daily as a broker- owner listening to war stories from agents. Not unlike yourself, I don't see as much common courtesy as perhaps in the past. Could be a whole new culture ...I hope not.

Apr 07, 2009 04:21 PM

Jo-Anne Smith

Oakville, ON

Hi Bill,

I agree with you entirely....in fact, her method of handling it is illegal here in Ontario, CAN and she would have lost her license.

I hope you and yours have a beautiful Easter....

Apr 09, 2009 03:30 AM

BILL CHERRY

Bill Cherry, Realtor - Dallas, TX

Broker & Wealth Coach

Miss Jo, you Canadians do a lot of stuff much better than those of us in the US. Our real estate laws and ethics have diminished a great deal since I began many years ago.

In Texas, for an example, a person with a salesman's license can form the "Team Jones" or whatever, and operate just like a broker with the head of the team as the manager. They are supposed to show the broker who is responsible for the team -- say Re/Max -- but that is often overlooked.

Recently, I co-oped a sale with a woman who showed herself to be owner of "Mary Jones & Associates, Realty" (Obviously not the actual persons name in this example). One would assume she was the broker. Well it turns out, that out of the sky she decided to be "Mary Jones & Associates, Realty" although she was nothing more than an agent whose license hung with a broker in another town.

And by the way, that name was not registered with the county as a pseudonym of her broker's.

I reported the infraction but nothing was done about it. I chalk that up to the fact that those who are running the show these days don't know any better.

Happy Easter! Nice hearing from you!

Apr 11, 2009 02:59 PM

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