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Showing Feedback Lawsuit

By
Real Estate Agent with HER Realtors
Is the customer interested in the property?Very
How well did the property show?Excellent
Your (and your customer's) opinion of the price:Peachy Keen
Please rate this property:5
COMMENTS/RECOMMENDATIONS:Buyers are interested but must sell their home in Cleveland first. They don't want to make any offers until their house is in contract. Thanks for the showing....

doorWe routinely do showing feedback in our Central Ohio real estate market.  Above is the form my office uses.  A link to a website with the above questions for the specific property is generated when a showing is scheduled. The emailed feedback request goes out the evening of the showing.

When I show a home I get a fax or an email or a call or all of the above asking about the buyers interest in the property, what the buyer thinks about pricing, how well the property shows.

What's confidential info? What do you as a buyer want shared with the seller about their situation, likes, dislikes, how might it effect your abiity to negotiate with the seller.

If you don't like the house is it OK to share the info with the seller? Is it in your best interest to tell the seller what you think about the price?  

Read about a Showing Feedback Lawsuit  Thanks to Vicki in Illinois for sharing the story.

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Information is deemed to be accurate but should be verified to your satisfaction.  Information provided herein is supplied by several sources and is subject to change without notice.  Opinions expressed are solely those of Maureen McCabe.

 


 

Danny Smith
DISCOVER TEXAS HOMES - Round Rock, TX
Maureen, this is definitely food for Thought. I would not think the seller or sellers agent would have any liability for asking. But obviously the Buyers agent might!
Jun 04, 2007 10:15 PM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate
Maureen, we use showing desk in my office too. I really like it and it saved my assistant hours of tracking down realtors.
Jun 04, 2007 10:16 PM
Cheryl Johnson
Highland Park, CA

I'll be the contrarian:  I sometimes think this whole business of asking for and giving feedback is a bit overrated.  I can't tell you how many times over the years I've received a call from a listing agent asking for feedback and have answered something like "It just wasn't right for them".

Other than reassuring the sellers that their listing agent is doing his/her job in following up ... I don't know how that kind of statement is particularly useful.  And yet honestly, is it not a truthful answer in many cases? .... The home was wasn't right for that particular buyer.....

 In Vickie's case, I wonder if the seller's agent should have rephrased the comment before passing it on.  Instead of "tacky paint job" saying something like "they didn't care for the color scheme".....

Jun 04, 2007 10:43 PM
Lucky Lang
Premiere Plus Realty Marco Island - Marco Island, FL
Marco Island & Naples Florida Real Estate

Maureen,

Very Interesting!  Let us know about any follow up with this.

Too many attorneys with too much time.

Lucky :)

Jun 04, 2007 11:09 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I have never, don't now and will never understand the entire process of "feedback". 

I don't get the purpose.

I cooperate with feedback if they e-mail me something or if the listing agent catches me on the phone. 

Seems to me that the best feedback is a written offer.  Other than that, it seems to me that listing agents and sellers should be looking inward and not outward for help selling their property listing.

 

 

 

Jun 04, 2007 11:22 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Thanks all for the comments.  I have tried Googling for more info on the story but don't find anything.  This morning I thought "tacky colors" + Illinois + "real estate" would find the story in a newspaper .... but I still can't find anything about the story. 

Most feedback seems like busywork for the agents involved on both sides

Jun 04, 2007 11:56 PM
Kristal Kraft
Novella Real Estate - Denver, CO
Selling Metro Denver Real Estate - 303-589-2022

I agree with Lenn, the best feedback is a written offer.  If you don't get one, then the buyers didn't like the house.  Sometimes their reasons for not liking them make sense, other times it's just a matter of taste.  That is not good or bad, it just is.

Feedback is next to useless in my book.  I do try to provide it when I can, but preferably only after the buyers have made up their minds and written on a home. Any feedback provided before from me would be very blah.....

kk 

Jun 05, 2007 12:56 AM
Elaine Reese, REALTORĀ® in central Ohio
Real Living HER, Powell Ohio - Powell, OH

After reading Vicki's post yesterday, I've been mulling this issue over in my mind. I've always been one to give feedback when requested, and I track it for my sellers as well. I don't often receive crass comments (like the tacky remark), but when I do, I soften it to get the point across but not offend my sellers.

If my buyers are considering a home, I don't give feedback because I don't want to alert a listing agent that an offer might be coming - don't want to put my buyers in a situation of having to deal with multiple offers.

What has me concerned is the feedback I give for buyers who aren't interested, which is the only type of feedback I really give. When doing that, is it giving up "confidential" information?

I think I'm going to handle this issue differently from now on and not take a chance.

For what it's worth, I think that attorney was more at fault than anyone else. He never should have divulged something that was told to him in confidence and it served no purpose to reveal it.

Jun 05, 2007 02:58 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I wonder what price range we are talking.  I wonder what % to list the value that the buyers thought they ought to be able to buy the house for is from what they acutally paid.  

Direct link to Vicki's Feedback lawsuit blog entry

Lots of fault to go around but I agree what the attorney did served no purpose.  If the words from the buyers agent  were "Tacky Colors" what was the point of the listing agent repeating those words to the seller?  Were those words uttered in feedback before?  Does it matter if the colors were tacky? 

What if the feedback was that the improvements were done shoddily and the seller was offended by that? What if the feedback is the house smells of cat urine? That was the feedback that a local agent rubbed my nose in a few years back.  The house smelled of cat urine!  

Thanks for the comment Elaine.

Jun 05, 2007 03:36 AM
Kaye Thomas
Real Estate West - Manhattan Beach, CA
e-PRO, Manhattan Beach CA
Maureen- The outcome of this suit will be very interesting.. I'm with Lenn and kk.. most of the time feedback is rather usless..
Jun 05, 2007 01:55 PM