Special offer

Don't Ask Don't Tell - Not On My Listings!

By
Real Estate Agent with RE/MAX Compass 0524642

On our mls in Houston we have what's called "Agent Remarks." An area only viewable by Realtors. Often buyers will call me wanting to view my listings. I always ask the same questions.

1. Are you currently working with a Realtor?

2. Are you pre approved?

3. Do you have to sell before you can buy and/or are you obligated to a lease? If so, when is the lease obligation over?

After I ask the simple questions and a few others I proceed to offer some insight about the property, area and so forth.

Unfortunately some buyers and buyer's agents like to play the unethical game of don't ask don't tell. When asked if they have a Realtor 1/2 of them will say "no." When in fact they do. Sometimes they have intention of using anyone BUT the listing agent. Both of these two choices are 100% FINE. The problem LIES in where the buyer is dishonest and says.. they don't. Here are common reasons a buyer lies:

1. They were told.. "Go find a house through a listing agent and when you're ready, call me" by their buyer's agent. This is both lazy & foolish by the Realtor representing the buyer.  A buyer's agent should be there EVERY step of the way! An agent has no privilege of swooping in at the last minute to right a contract after the listing agent has done additional work, sometimes a lot depending how far a buyer has played this game.

2. They think they can get "inside" information from the listing agent by pretending they don't have a Realtor. Again - this will not happen on my listings. No competent or ethical Listing Agent will divulge information that could financially harm a seller. Just like a buyer's agent isn't supposed to tell a listing agent that their buyer will pay more than the asking price.

3. Sadly a buyer feels they are "bothering" their buyer's agent by asking to view properties! They feel if they are not SERIOUS than they don't want to waste their buyer's agent time. There is no logic to assume it's acceptable to waste a Listing Agents time either. If you read my AGENT REMARKS you'll see how the buyer's agent will make a poor financial decision by giving poor advice.

The list goes on and on, but the point is the same. Don't LIE about representation. Here's another reason why. It could cost YOUR agent MONEY!

Above I mentioned that the MLS in Houston has AGENT REMARKS. In MY agent remarks that's NOT viewable buy consumers it reads:

IF LISTING AGENT OR TEAM MEMBER SHOWS PROPERTY TO BUYER & BUYER WRITES OFFER THROUGH DIFFERENT BROKER THAN BUYER'S AGENT WILL BE PAID 1% TOTAL COMMISSION.

It's important that I shield my sellers from deceit, tire kickers and unapproved buyers. That's part of my duty to my seller. Contrary to widespread misconception it is NOT a Realtors DUTY or "JOB" to show the listing to anyone that comes asking. One of the reasons a seller hires a REALTOR is because they don't want to be bombarded with the issues, problems and overall general public curioustiy..

It is a Realtors fiduciary responsibility to promote the sellers best interest at all times and not turn away potential business - UNTIL it no longer represents the sellers BEST interest. If someone starts out LYING to me than I (with my seller) make a unilateral decision to NOT show the property. This is the proper way to decline a showing to any one potential buyer.

From a young age we're all taught to be honest and fair. Ironically it's a Realtors requirement to do the same.

Posted by
Greg Nino
Realtor
RE/MAX Compass 
Direct & Text 7 days a wk: 832-298-8555 
 
 
Realtor since 2004
Mediator & Arbitrator for the TX Assoc. of Realtors
Member of the Professional Standards Committee for the TX Assoc. of Realtors
Arbitrator for the Comptroller's office for the State of TX for Arbitration of Property Tax Values

 Member of the RE/MAX Hall of Fame & Platinum Club

 

The information contained in this blog is believed to be reliable and while every effort is made to assure that the information is as accurate as possible, the author of this blog, and its comments disclaim any implied warranty or representation about it's accuracy, completeness or appropriateness for any particular purpose. All information is copywritten and the property of Greg Nino.  

Comments(94)

Ross Westerman
Kingwood, TX

Thanks Greg,

Looks like I am right in assuming that this is the most important form to send a listing agent even before the offer. :)

TAR-2402 - Registration Agreement Between Brokers

Dec 06, 2009 06:03 AM
Anonymous
Jeanne Gregory

I just ask them outright "if you like the house, who will be writing the offer for you?"  9 times out of 10, I get "my brother in law, or my agent".  Then I explain to them representation and that they need to call their agent to come see the house.  If they tell me that their agent is busy, out of town or "told me to see it with the listing agent", I tell them that I am not the person who can help them because they already have an agent.  Wonder of wonders, the next day (or sometimes the next hour), the person they mentioned shows the house! 

Dec 06, 2009 06:13 AM
#77
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

Ross,

Nice, but I only see that document with leases. Perhaps that document signed by the listing agent ONLINE & attached as a doc on the MLS would be awesome. It would clearly outline the sellers intent and stipulations. I'm curious what TREC or the MLS would have to say..thanks for that.

Dec 06, 2009 06:50 AM
Marian Pierre-Louis
Fieldstone Historic Research - Medway, MA
Metrowest Boston

I definitely won't speak to anyone who says that they already have a buyer. It amazes me that they do that.  I gently suggest to them to give their realtor a call and get the information from them.

Dec 06, 2009 07:02 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Hey Greg . . . WOW -- bothering their agent!!  That's what we're supposed to do for them -- make house calls!  Good blog.  I like #71's response/comments!  A good contribution to your blog.

Dec 06, 2009 07:56 AM
Peggy Chirico
Prudential CT Realty - Manchester, CT
REALTOR® 860-748-8900, Hartford & Tolland County Real Estate

In Connecticut, we have an agent remarks section that is not visible on the client detail view.  I have never seen a clause like the one you wrote.  Usually it is used to get more information out there because the public remark section is limited to 200 (or so) characters.  When it does talk about commission, it is usually a warning that if the bank reduces the commission in a short sale that it will be evenly split. And that's not visible to clients if agents print out the client detail view.

But to comment on your blog, it is amazing what people are capable of.  I once had a buyer rep agreement and then the people "realized" that they knew someone in the business and the broker backdated his agreement with them.  Life is too short--walk away fast. Nothing I can ever do will make either of them not scum.

Dec 06, 2009 09:22 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I am completely with you about asking questions. I had one yesterday where they finally admitted that their Realtor was a friend and also part time. It gave me the opening to explain representation which I think they got. I also explained that despite the fact that their friends job at Home Depot did not allow hime to show property, that I was at that time working with someone that I represented and couldn't drop everything to show in one hour. Your 1% remark should grab some attention and hopefully help.

Dec 06, 2009 09:48 AM
Pam Graham
All Real Estate Options - Jacksonville, FL
Jacksonville, Clay & St Johns Counties

Sometimes buyers just don't understand. I had a buyer call me and want to see one of my listings. I require the buyer to come in to meet me at my office and work on getting pre-approved before I show them houses. This is for my safety and it also lets me know who are the tire kickers and who is serious. This buyer agreed to make an appointment with me. I guess he got concerned that his agent would get cut out so he called his agent, who then called me. His agent explained that his client was confused about the process and that he's be showing him the house. Not a problem for me because I understand buyers sometimes get confused.

Our MLS does not allow us to lower the commission just because we showed it and another agent writes the offer.

Dec 06, 2009 10:24 AM
Scott Leaf Personal Real Estate Corporation
Keller Williams Elite Realty, Port Coquitlam, BC - Port Coquitlam, BC
Scott Leaf & Associates Real Estate Team

I have to shake my head at some of the comments here.  When you list a home to sell it you are being employed and theoreticly paid to work towards that goal.  Picking and choosing who you will and will not show a home to is a derelection of that duty. 

Ask your 3 questions, who cares if they are working with an agent that works part-time at Home Depot, you as a professional Realtor should be all over that taking advantage of this fact for your Seller to get them the most for their home, not cursing the fact that you will not double-end it.

 

Dec 06, 2009 11:54 AM
Judy Greenberg
Compass - Long Grove, IL
Compass- Long Grove -Buffalo Grove

I love this blog, Greg, and I love the comments also.  I will definately ask the question from now on... What is your realtor's name. 

Dec 06, 2009 12:35 PM
Don Wixom
RE/MAX Executives Nampa, ID - Nampa, ID
"Looking out for your next move..."tm

Good post! I may copy your suggestion, if you don't mind. This quite often happens with part time agents or when they're just out of town.

Dec 06, 2009 01:32 PM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

Scott - Dereliction of duty? LOL... c'mon man, we aren't in the armed forces! We're running a business!

Dec 06, 2009 01:34 PM
Gail Robinson
William Raveis Real Estate - Southport, CT
CRS, GRI, e-PRO Fairfield County, CT

IF LISTING AGENT OR TEAM MEMBER SHOWS PROPERTY TO BUYER & BUYER WRITES OFFER THROUGH DIFFERENT BROKER THAN BUYER'S AGENT WILL BE PAID 1% TOTAL COMMISSION.

It's important that I shield my sellers from deceit, tire kickers and unapproved buyers. That's part of my duty to my seller. Contrary to widespread misconception it is NOT a Realtors DUTY or "JOB" to show the listing to anyone that comes asking. One of the reasons a seller hires a REALTOR is because they don't want to be bombarded with the issues, problems and overall general public curioustiy..

The only problem with this is that I really want to sell my clients' homes and if the buyer's agent reads the agent remarks after I've shown the home, they may find a way to discourage their clients from buying the home.  I find it easier to refer callers who want to see my listings to other agents in my office who are willing to meet with a potential client.  If they really have another agent, they'll call their agent to see the home.  If they don't then they can see the home through a buyer's agent in my firm.  The desire to get both ends of a listing are not as strong as my desire for sanity.  I completely agree with the second part of your statement.  Excellent post.  I'm glad it was featured.

Dec 06, 2009 03:51 PM
Aaron Vaughn 830-358-0455
Conifer Builders LLC - Canyon Lake, TX

Dude .. I had a call just like this. After doing a little research, I got the caller to divulge that he has a realtor -- and it is his wife! He was just trying to get an assessment from me on how low the seller was willing to go. He thought I was the listing agent because my fliers were at the property from my open house a couple of month's previous!

Dec 06, 2009 05:33 PM
Dawn Nuzzi
'Til Dawn Real Estate - Raleigh, NC

I was once called on Thanksgiving day to show a house to someone...as I talked with her and asked all the usual questions, she admitted she had an agent but her agent was out of town for the holiday! Huh?? So you want ME to come show you this home?? Keep in mind...the home was NOT my listing!!! LOL

Dec 06, 2009 10:20 PM
Lani Sussman
Max Broock Realtors - Birmingham, MI
MI. Specialist - Oakland County

Unfortunately, this has always been part of the business.  But lazy doesn't get the deals to the closing table.

Dec 07, 2009 12:29 AM
Richard Green
U.S. Cybertek, Inc. - Houston, MO

Great post Greg.  This post simply reaffirms my suspicion that if you want to create a lot of comments for your blog posts, talk about politics, religion, or .... commissions.

Dec 07, 2009 04:58 AM
Debi Braulik
www.roundrealestate.com - Maple Valley, WA
Selling Maple Valley to Fife WA Homes For Sale

Great post with lots of great comments. We have a lot of that because of Redfin in our area. (They charge to see houses with their buyers agents). I show the houses I have listed. I think it is part of my job. But I don't drop everything and already scheduled appointments to show the house.

Dec 07, 2009 08:17 AM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

LOL, why not Brian, why not.

Dec 07, 2009 09:07 AM
Andrew Monaghan
The Monaghan Group - Glendale, AZ
CRS, GRI, EPro Associate Broker

you can ask, its not unethical to ask

Dec 30, 2009 04:01 PM