Buyer Beware About Active Listings You Find That Are Actually Sold

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Real Estate Agent with Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Huntsville AL

Buyer Beware About Active Listings You Find That Are Actually Sold

I'm probably not going to make friends with some agents who practice this and I'm really not too concerned about that.  I know the agents I deal with personally and those I call my friends here in ActiveRain do not stoop to this level, but it happens and I'm tired of it as all of you should be.

I have clients that found a house on the Internet they wanted to see so I went about setting up the appointment, first calling the owner.  The owner was quite surprised saying that they had accepted an offer early the previous week and that a home inspection was being done that day.  I thanked him then double checked the MLS and sure enough it was still listed as active.  When I called the listing agent she said that all the paper work hadn't been completed and that's why the status wasn't changed...I didn't argue!!  I found out a couple of days later another agent in the office called on this very same listing on behalf of his clients as it fit their needs and again the seller was quite surprised and sounding a little annoyed explaining that she was under contract and that a home inspection had already been completed.  When that agent called the listing agent asking about the homes status he was met with a rather rude; whats the matter with all you people?  The house is sold!!  Well the problem is that you haven't changed the status from active to contingent!  The listing agents response was "oh, I thought I took care of it".

I usually cut people slack, but we all know what was going on here...the agent was hoping for additional calls from buyers so she could direct them to listings of hers that actually were active. I know that states vary regarding time to change property status in the MLS when listing or going under contract and in my state that time is 48 hours, but this has been almost two full weeks now still active but under contract.

As I said, I like to cut people slack, but not when it comes to how we are to perform as a Realtor or in the representation of our clients.  As Realtors we are supposed to be on a level playing field abiding by the rules and when you don't or when you seek to take unfair advantage of other agents and your own clients then I'm going to report you to your board...plain and simple.  If you don't like it...oh well too bad...you're probably one of the agents I try not to deal with anyway.

I will make this concession that because of a brisk market it's quite possible that a home a buyer calls about may well be sold and the agent is being truthful...the vast majority of agents are honest, hard working  and do their very best to serve clients, but there always will be those who cheat.  

I'd really like some input from anyone who has an opinion about this.

I was not going to make this a public post, but decided that buyers deserve better than an agent who would deceive them from the start to get their business.

Nick T Pappas

If you need a knowledgeable real estate professional in Madison Alabama or Huntsville Alabama area, why don't you let me Google that for you! I also know outstanding agents in all states and Canada should you need help relocating to a new area.

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Rainmaker
655,158
Kathy Toth
Ann Arbor Market Center Keller Williams - Ann Arbor, MI
Ann Arbor Real Estate Experts - Kathy Toth Team

Many of the listings are posted as continue to show meaning they have anoffer but on REALTOR.com  they appear as active....wasting time fo buyers agetns showing houses that are already sold is a crime!

Jul 19, 2011 12:38 PM #1
Rainer
12,061
Janet Robinson
Keller Williams Realty Augusta Partners - Augusta, GA
Augusta, Ft. Gordon, Evans, Grovetown, Waynesboro

Nick, I agree if the house is under contract, as realtors, we should show the active contingent at the least, if not pending.

Jul 19, 2011 12:41 PM #3
Rainmaker
506,030
Ellen Caruso
Daniel Gale Sotheby's International Realty - Glen Head, NY

Nick, I had the same thing happen to me. The week a new construction was put on the market, I called the listing agent to see it knowing it was just what my customer was looking for. Then my customer asked can we see it this week because next week we are on vacation. The agent said, its not finished inside and since I just put it on, you have time. When my customers came home I called the agent back, she said it was under contract. Are you kidding I said, can we still see it! She said the buyer signed the contract and any day the seller will, meanwhile on the computer it still came up availible. We were so upset!

Jul 19, 2011 12:50 PM #4
Rainmaker
1,315,808
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Kathy-just so we are clear about this...there is no "continue to show" as the seller was perplexed about why people were still calling and the listing agents response about why agents were still calling.

Jackson-actually I would agree with requiring a degree, but as you suggest there will be those who will continue the practice.

Janet-here in Alabama after there is an accepted offer the status is changed to contingent, unless there is "continue to show" language, then when all contingencies have been met the listing can be changed to pending.

Jul 19, 2011 12:51 PM #5
Rainmaker
1,315,808
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Ellen-just drives you nuts doesn't it...I wonder if the agent has both sides???

Jul 19, 2011 12:57 PM #6
Rainer
157,723
Michael Kitsch
Coldwell Banker - Katy, TX
Not sure if we are dealing with laziness or lack if scruples. Gee whiz!
Jul 19, 2011 02:24 PM #7
Rainer
246,325
Daniel H. Fisher
www.FisherHermanRealty.com (704) 617-3544 - Charlotte, NC
MCRP - Charlotte Real Estate, NC or SC

The time to change property status in the MLS when listing or going under contract in Carolina Multiple Listings Service is also 48 hours - and agents regularly report violators who have to go to a hearing or pay a fine that escallates for multiple offenses.

Jul 19, 2011 04:16 PM #8
Rainmaker
550,645
The Scott Loper Team Bux-Mont Premier Properties
Keller Williams Real Estate - Montgomeryville - Lansdale, PA

Hi Nick,

Our MLS has rules for a reason - that status should go immediately to ACT-O which tells us there is a contract on the property waiting for contingencies to get cleared.  I think it is mostly laziness on the part of the agent but it is annoying to say the least.

Lisa

Jul 20, 2011 12:24 AM #9
Ambassador
686,448
Ann Allen Hoover
RE/MAX Advantage South - Hoover, AL
CDPE SRES ASP e-PRO Realtor - Homes for Sale - AL

It's so annoying and I've run into this TOO MUCH lately!  It's always the house that buyers are most excited about too.....

Jul 20, 2011 02:48 AM #10
Rainmaker
506,030
Ellen Caruso
Daniel Gale Sotheby's International Realty - Glen Head, NY

Nick, I did too, so I researched it. It was kind of funny...not her buyer but the agent who sold it just got the listing across the street in this 3 house court. I thought it was her seller that decided to move to the newer bigger home. But it was not, turned out it was the selling agents niece that bought it!

Jul 20, 2011 03:40 AM #11
Rainmaker
1,315,808
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Cheryl-I have my own thoughts on that...I'll let everyone else make up their own mind.

Daniel-same thing here and apparently some of the agents don't mind paying the fine if it gets them another buyer/client.

Lisa-well it's definitely annoying.

Ann-of course.

Ellen-I guess we just have to deal it, but I'll definitely report anything that doesn't sound Kosher!

Jul 20, 2011 09:56 AM #12
Rainmaker
723,079
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Nick-I'm happy to say this is one irritant I've not experienced. Most of us are so happy to get something under contract, we can't wait to get to the MLS to document we have a deal and are in the option period.

Jul 20, 2011 05:07 PM #13
Ambassador
1,552,981
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Nick  These folks are the ones I take great pleasure in reporting to my association and MLD

Jul 21, 2011 03:43 AM #14
Rainmaker
1,315,808
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Wayne-it really can be frustrating...we all need to play on a level field and when a few take advantage of the situation...well...I have no more patience for them.

Karen-absolutely!  The agents I've really see abusing the system lately are the ones who use branded information in the public comments and photos on the MLS....definitely get reported.  And the thing is our board encourages it....the reporting.

Jul 21, 2011 07:06 AM #15
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Rainmaker
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Nick T Pappas

Madison & Huntsville Alabama Real Estate Resource
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