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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