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If You’re Happy and You Know It Clap Your Hands

By
Real Estate Agent with 1st Cornerstone Realty
I called a realtor in the area that had stolen a listing from me. When she stole the listing, I pretty much took it as a learning lesson and I put it behind me. I decided to be nice to her and give her a referral for a potential client even though she went and told my client that his house wasn’t even listed in the MLS. She was in shock that I would call her and give her a potential client. She was expecting me to cuss her out or something. I had made a few mistakes with the listing and she basically took advantage of those mistakes. I don’t care what anyone says, but the best lessons are the lessons you learn in real life because you will never forget them. I told her that she was a good agent and this referral was in her area and I hope that she could use her skills to get the business. What surprises me is that this real estate agent automatically assumed that if another agent calls her, then she needs to get ready for a war. She’s obviously stolen listings from other agents. This agent has been around for years and years, so if I use terms like fossil or relic, then it wouldn’t even begin to describe her. Anyway, she took down the information and couldn’t thank me enough. So that was me clapping my hands.
Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552
How did she "steal" your listing?  Why wasn't your listing in the MLS?  From the information given, I can't tell what mistake(s) you made, or whether she did anything unethical.
Sep 17, 2007 01:03 AM
Michelle Rosser
Maximum One Realty - Union City, GA
Atlanta Real Estate-South Fulton & Fayette

Hi Greg,

It is nice to know that some of us can continuously be professional even when others are not. 

Sep 17, 2007 01:04 AM
Melissa Grant
A Serendipity World - Greenbackville, VA
The Law of Attraction In Life & Business
I wonder how she stole your listing if it wasn't in the MLS for her to really see ? Was the listing expired and she got to YOUR client before you could to extend ? Just out of curiousity how can you forget to put a listing in the MLS ?
Sep 17, 2007 01:09 AM
Greg Wilson
1st Cornerstone Realty - Schaumburg, IL

The listing was in the MLS.  She went to my client and said that it wasn't in the MLS under her searches.  She basically said it was really hard to find.  So by turning my client against me, she ended up getting the listing for herself at a higher commission.  The lesson I took from this is that if I give the client the option to cancel "anytime" then there will be a service charge involved for my time and efforts.

Sep 17, 2007 01:41 AM
Ashley Drake Gephart
Drake Intel Group - Albuquerque, NM
Greg if you had a listing and she contacted your client during the listing agreement she is in violation. You can not contact a seller for the purpose of gaining the listing while under contract with another agent. I don't know if it is different in IL but in NM she would be in front of the ethics committee.
Sep 17, 2007 02:40 AM
Nicole Garner
Not Available - Tigard, OR
That is how it is here in Oregon, it is a violation also. I takes a bigger person to move on and not hold grudges, and you did it, Congrats!!
Sep 17, 2007 03:00 PM
Mike Klijanowicz
Cummings & Co. Realtors - Perry Hall, MD
Associate Broker @ Cummings & Co. Realtors
You CANNOT "solicit another agents active listing" while it is on the market!  If she did contact and try to attempt to solicit the listing, you may be able to file something at your local board to address this!  Once a property is withdrawn or expired its fair game, but not if its still on the market!  The only exception that I can think of (and this is even a gray area) to this is if the seller contacted her about her services.  How could this happen?  Well when you show houses, a lot of agents leave their cards and sometimes the sellers contact us in reference to our showings if they haven't heard from their agent!

THE BEST ADVICE I CAN GIVE YOU WHEN WORKING WITH SELLERS IS CALL THEM BEFORE THEY CALL YOU!  Make sure you keep giving them weekly updates about their showings and the current market and other competition that is on the market!  If you stay in touch with them, most of the time they won't fire you!
Sep 18, 2007 02:08 AM
Greg Wilson
1st Cornerstone Realty - Schaumburg, IL
I know its against the rules for another agent to solicit someone else's listing.  But I think that the seller contacted her after she bought over a buyer.  So Michael you are right, this is a "gray area".  I would have a hard time proving to the Ethics committee that she disregarded my listing and snagged my seller.  Saying you can't approach another agents listings gets into a gray area when the agent brings a buyer, drops off a card, and persuades the seller to list with them.  If I had a solid relationship with the seller, then I would have a good case.  The buyer was under so much stress that he would say anything that she wanted if I charged her with anything.  Again, life is too short for me to worry about this incident.  It was a learning lesson and i've moved on!
Sep 18, 2007 02:32 AM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Greg, 

I love your positive attitude.  Your folks obviously raised you right!  If you're happy, and you know it... say "Amen!"

Mike in Tucson

Sep 22, 2007 10:59 PM