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Please Define "Procure a Buyer" or in this case a Tenant

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Education & Training with ToniHogan.com

Maybe, I got this part wrong so I am asking for a little help with interpretation. Please define "procuring a buyer/tenant."

I have been working with a client for about three weeks helping them find a rental. They had to be moved by May 31, which has come and gone. They asked about a property in their current neighborhood that had not been on the market very long. I called the listing agent to check the status and application requirements before scheduling a showing. The agent told me the owners wanted perfect credit and would not accept pets. I told her the MLS stated "pets on a case by case basis." She said she would change it right away because the owners were very strict about that and would not accept pets. She said they her clients were really "hard to work with."

A week passed and the status has not changed in the MLS, so my client asks about it again. She said she would let her mother have her dog if they could get this house because they really needed to stay in that neighborhood if possible. So, I call the agent AGAIN and this time she tells me the property has just been leased and she would change the MLS status right away.

Time is running out and we finally found a property for my clients (whom I have know for six years). The lease was prepared and signed by the tenants. All that was left was a walk-through, deposit and key exchange. We get to the property and there's still furniture in the garage, the water is shut-off so the house isn't clean, and SURPRISE...there's no gas meter. We couldn't find the water shut-off valve after 30 minutes so we gave up. We decided to meet there tomorrow since this listing agent was not available last night.

This morning my client calls to tell me that she called the agent of the original house of interest and was told the house was available and they could move in this weekend. Hmmmm?

So, I called the Listing Agent A to ask about the house. She told me it was just leased last night. Really?

Me; Yes, I know. You leased it to my clients whom I have been trying to get in to see the property for three weeks.
LA: BUT YOUR CLIENT HAD A PET!!! (Oddly, she knew exactly who I was.)
Me; Yes, they still have a pet.
LA: Well, I told my client (landlord) they were really nice people and they should accept the pet.
Me: So, when I called you the bottom line was no pets. But when my client called you directly you got the landlord to accept pets?
LA: Well, yes they were nice people. I told you your client had pets. AND no, no pets.
Me: BUT this is my client that you are leasing to with a pet. I do have a signed Tenant Representation agreement with them.
LA: Well, they didn't tell me they had an agent.
Me:  Did you ask? That's the first thing we do...we ask.
LA: Well, I'm not perfect. You will need to get your client to pay your commission.
Me: Thank you Ms. Listing Agent. Have a great day.

The status of the property still has not, and has never been, changed. This is the second time this has happened and I refuse to just let it go this time. But, before I call the state association legal/ethics department on Monday I would like to know who actually procured the tenant. Or, what you opinion on this matter might be.

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Toni Hogan®
Agent Success Coach

ToniHogan.com
AgentSuccessMBA.com

Comments(9)

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Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

....and ANOTHER reason that real estate agents should NOT do rental properties.   I control all of my listing offerings and I am the one responsible for the content of my rental offerings.

The rental listing agents who do not know what they are doing should NOT do it....including handling rental properties.

Jun 04, 2011 05:51 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

I think this stinks. Your clients have not been straight with you but I suspect that is because they probably felt they were getting the run around (not your fault) and so they went to the source directly. I think the tenant representation form may cover you if it a contract not just a consumer information statement (whatever that is called in TX). If it just sets forth your relationship, you probably won't be covered. In any event the LA is not a person of integrity, and dealing with your state may cost you more time than the effort is worth. Toni, I hate this stuff. I am sorry you were burned and I would suggest that you have your Broker of Record, call her Broker of Record and set forth your case. That may make the difference because no Broker wants to hear this or deal with the ramifications of a Board action. Keep me posted.

Jun 04, 2011 05:57 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Toni, Sorry to hear about your client, but this has happened to me and many others before. Renters or even buyers are not always loyal to their agents. Our MasterMind Group in Active Rain just recently wrote a blog about "Procuring Cause". Unfortunately, your Broker will have to first contact the other Broker. You may end up in a dispute at your local MLS board. Mediation is recommended, but even if you pursue any legal actions against that other broker, there is no guarantee that you will win.

Best Wishes on getting this resolved soon.

Jun 04, 2011 06:24 AM
Toni Hogan
ToniHogan.com - Houston, TX

Wallace, I couldn't agree with you more. It was much better when almost every listing I showed was with a property management firm. When the market changed and everyone wanted to list rentals my job became "difficult." I will be glad when the market recovers and everyone can go back to their corners. LOL

 

Jun 04, 2011 06:49 AM
Toni Hogan
ToniHogan.com - Houston, TX

Shelia, my clients were in a bind. The house they are living in has had issues with gas leaks. The landlord released them from the lease because he doesn't want to fix anything else while the property is being rented. They didn't have to pay May's rent but were supposed to be moved LAST weekend. When we did the walk-through last night and there was no gas meter or water they became frustrated.

I have a signed Tenant Representation Agreement AND Information About Brokerage Services. This LA is an individual broker. I let the last case go because it was time consuming. But I won't let it go this time. I have a strange feeling that she knew who I was when I called the second time and lied about the property not being available.

Jun 04, 2011 06:57 AM
Toni Hogan
ToniHogan.com - Houston, TX

Thanks Jerry. This type of issue is not handled by the local board. I have to call the state legal department directly. Mediation is optional. I will probably by-pass that option this time and file the complaint.

Jun 04, 2011 07:00 AM
Aida Pinto
Independent Real Estate Broker - Los Angeles, CA
Real Estate Broker (562) 884-6196

I don't do rentals but I feel your pain....it happens in sales as well......you can spend a lot time going after these unethical agents....but at the end of the day....you'll get nothing...and all you have done is wasted your time and mental energy!

Jun 04, 2011 12:54 PM
Toni Hogan
ToniHogan.com - Houston, TX

Aida, I agree. But I will sleep better knowing I didn't let another agent go unchecked.

Jun 04, 2011 02:18 PM
Sharon Harris
Keller Williams Keystone Realty - Hanover, PA
Realtor

I agree with you Aida. This agent knew what the clients where yours. I would not let it go. Even if nothing comes of it you will have scared this agent and maybe they will then will think twice. I too have been burned and never again!

Jun 06, 2011 01:51 AM