Recently, I've decided that I need to pursue FSBO's much harder to get my listing inventory up to the level I want it. A week or so ago, I was going through one of our local FSBO sites making some calls. I got a lady on the phone and, after giving her my quick pitch, she informs me that she already is listed with an agent. I tell her thanks, have a nice day and I proceeded with the rest of my calls.
About an hour goes by and my phone rings... it's the lady with an agent. She tells me that she listed her house on the FSBO site because her agent is doing any advertising, and she really needs a quick sale because they're relocating. She goes on to tell me that they're considering firing her current agent, and would like to talk to me about listing the home for them.
Great!! Two days into my new FSBO program I'm going to get a listing.
Now, I had remembered in training hearing something about not being able to talk to someone about listing their house while they're in a contract with another agent. I went into an associate broker at my company's office and she tells me what I was afraid to hear. "You can't talk with these people about anything until they cancel their listing. Don't talk about price. Don't talk about commission. Don't talk about the advertising you do. Just tell them that you'll be happy to talk to them about listing their house after their listing is withdrawn".
I was devastated and could feel the listing slipping further away from me. However, unwilling to let it go, I did talk to the lady about what I think her house should sell for and what kind of advertising I do when I list a home.
So, here I am today... sitting around enjoying the holiday and reading a blog by Bryant Tutas that I just discovered. It's filled with tons of interesting and informative content and I've been glued to my computer screen all day trying to take it all in. I was enjoying all of the information I'd found when I came across this post.
He talks about how he handles it when he's contacted by a seller who wants to place their home on the market with you, only they are currently listed on the market with another agent. He says he has no problem going over and taking the listing. There is a section in our code of ethics that covers this very issue.
Standard of Practice 16-6
- When REALTORS® are contacted by the client of another REALTOR® regarding the creation of an exclusive relationship to provide the same type of service, and REALTORS® have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective upon expiration of any existing exclusive agreement. (Amended 1/98)
I hate to admit it, but I didn't know about this. I will certainly make it a point to study up on our coe and take a class on the subject.
Anyways, it seems that I did nothing wrong by talking to this lady who wasn't happy with the service she was getting from her agent. Not once did I try to convince her to cancel her listing with the other agent. She called me to talk about me listing her house, and I just answered her questions.
Update: She did cancel the listing, but has decided to try FSBO for a couple weeks before re-listing. I told her I didn't blame her for trying to save the commission and I'd be happy to help her if it didn't work out. She's called me a few times with questions about the selling process, and I've been very helpful to her by answering all of her questions. She let me know that she's giving it until 9/14 and if she doesn't have a contract she would like me to list it. That happens to be my birthday and a new listing would be the best present I could ask for.
I'm thankful that I came across Broker Bryant's blog and got this cleared up. I honestly thought I was doing something wrong just by talking to this lady while she was working with someone else. Maybe I should talk to my associate broker and let her know what I found so she doesn't tell the next person the wrong information.
I'll take Broker Bryant's advice for now on and go take that listing!!!
Comments(18)