Special offer

How do YOU spell fiduciary duty?

By
Real Estate Agent with Jameson Sotheby's International Realty

"Hi, my name is Alan May and I'm with Coldwell Banker... and I'd like to show your property on Sunday between 1:00 and 2:00."

"Oh, I'm sorry.  I need to accompany showings and I'm just not available this Sunday, my daughter's getting married."

"Hey" I replied "congratulations!   Can you have your back-up show it to us?"

"No, I don't have a back-up, I'm sorry".

"Oh" I paused "well, how about throwing a lock box on the property so we can see it?  This is an out of town buyer, they're in town just for the day, and they've chosen your house as one of those they want to see".

"No, we have some unruly tenants, and I like to arrive a few minutes early and turn lights on, open drapes and tidy up a touch."

"Oh, that's okay... we don't care about a little mess... we just want to view the house."

"No... I'm sorry... not this weekend, it's just not convenient for me."

"So, instead of seeing the house a bit messy, that means we won't be able to see the house at all."

"I'm sorry... no."

*************

I wonder if the seller has any idea that the reason their property isn't selling, the impediment standing in their way is their AGENT!  (remind me, please, why I can't call the seller and tell them how stupid their agent is... please remind me?)

How do YOU spell Fiduciary Duty?

Posted by

 ALAN MAY, Realtor®   
Specializing in Evanston Real Estate and North Shore Real Estate

Jameson Sotheby's International Realty, 2934 Central Street, Evanston, IL 60201
Office: 847.869.7300      Cell: 847.924.3313      Email: Almay@aol.com

Evanston Real Estate & North Shore Real Estate
Licensed in Illinois

   

Comments(73)

Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

I can't believe I'm going to disagree on this post.  A wedding is a good excuse, and there are some listings that can't just be handed over to another agent -- especially when you have disgruntled tenants that you've been working with.  

It is unfortunate that they will miss this showing but it sounds like one of those listings that will just take longer to sell due to the situation.  It is common for listings with tenants to take a bit longer.  If the seller is familiar with the showing instructions then I'm sure they understand that they are going to miss a showing here or there.

Also, as a workaholic I feel comfortable saying that it is reasonable for people to not work on a Sunday, even in real estate.  If not Sunday, what day can they possibly take off?  I don't take every Sunday off, but Sunday is the only day I can take completely off in a normal week without much disruption.  Most of the time I'm out there working when other agents won't -- so there would be no one to cover for me on a Sunday either.  On the Sundays I do work -- very few agents are.  

Of course if this is a regular practice by the agent, this sympahetic response does not apply.  There are after all some routine offenders.. .and I get the feeling if you took fingertip to keyboard that may be the case.

Jul 28, 2011 12:08 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Jenny - if I truly felt it was "the one"... i wouldn't have let it go.

Bryan - idiotic... that's the word I was searching for.

Rosalie - I suppose that's possible, too... but we'll never know.

Dawn - it does tend to piss the clients off doesn't it?

Cheryl - they don't hire us to erect roadblocks.

Maya - huh?

Tni - I imagine that you could be right.  But somehow, I doubt that the seller is aware of the lost showing.  If she's unavailable due to the wedding (totally understandable), she should have gotten a backup, and taken them to the house to meet the tenants... and make it work.  Missing a showing (in today's difficult market) is just not an option.  It's just not.

nina spamster - g'bye!

Jul 28, 2011 01:44 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Alan, I agree with you. When an agent takes a listing they are making a commitment to market the property. A wedding may be a good reason for the agent not to show it, but the agent should have made other arrangements to make sure the property was shown.

Jul 28, 2011 02:04 AM
Delores Campbell
Keller Williams Realty - Chesterfield - Wildwood, MO
Your St. Louis Real Estate Resource

This is very frustrating.  I got a call to show a $900,000 home and when I called the listing agent she said that she was out of town with the seller and neither were there to let us in.  I told the agent that this was a cash buyer and he was ready to buy.  She wanted the potential buyer to come back on Monday.  The buyer said forget it.  In the end, the buyer did not think I could do my job and moved on to another agent.  My broker called the listing agents broker but that was about it.

Jul 28, 2011 02:09 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Michael - and there are any number of other ways for her to have showing the property.

Delores - it makes it worse, when the "failure" rubs off on you, their buyer's agent.  That sucks on toast!

Jul 28, 2011 02:12 AM
Gregory Bain
Mezzina Real Estate & Insurance - Little Egg Harbor, NJ
For Homes on the Jersey Shore

Maybe, just maybe the agent is following the directions given to him by the owner and the only show instructions that were agreed upon by the tenants.  So, maybe, he is doing his fiduciary duty even if you, I, or, the buyers don't think it is in the sellers best interest. If it is priced correctly and your buyer wants to see it, then other buyers will want to see it and make the necessary convenient appointment times.  

Jul 28, 2011 03:42 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Gregory - that's always a possiblity.  A remote one, but a possibility nonetheless.

Jul 28, 2011 03:50 AM
John Davison
Coldwell Banker - Cary, NC
Raleigh-Cary-Triangle NC

Alan,

Keep an eye on this listing and jump on it the minute it expires.  You already know why it isn't selling and once the agency relationship with the current Realtor is severed, you can share your thoughts without completely throwing them under the bus.  I see this as a frusterating exercise, but a future business opportunity.  Good luck!

Jul 28, 2011 04:27 AM
Tricia DeSouza
HomeSmart - Scottsdale, AZ
Selling Scottsdale Luxury

Wow... so sad but true that you can't contact the seller directly. Most times this has happened to me the agents are more than willing to throw a lockbox on the door. Or the Sellers are the ones who have a problem with the time... never the agent!! I agree with the comment above that you should contact the broker if he wasn't it.

Jul 28, 2011 06:50 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

John - an interesting perspective.

Tricia - under the same circumstances, I certainly would have had a back up, or put a lock box out... I hate missing a showing.

Jul 28, 2011 07:15 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

I bet the sellers have no idea their home will not be shown on Sunday.  Perhaps a call to the agents broker might be in order.

Jul 28, 2011 07:24 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Richard - I'll take that bet.

Jul 28, 2011 07:50 AM
Robert Hammerstein
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Alan - wow how many times has this happened? The seller should know about it and how their agent isn't fulfilling their end of it. Amazing what goes on out there on some days... I know it's happened to me too...

Jul 28, 2011 08:13 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Annoying; I would have said something like" Well, is it ok if I call the seller and see if they can meet us there so I can show it?" Tenants can be the kiss of death sometimes. Sometimes I have offered to pay the tenants $25.00 or so if they'll agree to a showing that was inconvenient for them. Amazing how fast they can adjust their schedule.

Jul 28, 2011 10:47 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Robert - no way to know.

Jeff - I had a tenant once who said he was no longer going to allow showings because we were risking the health of his pregnant wife and his unborn child with all these showings.  But, he said, if we'd reduce the rent by $200/month... to which I responded "Really?... you'd sell your wife's health and the health of your unborn infant for only worth $200??"  He backed down really fast.

Jul 28, 2011 10:57 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Hmph!  Sounds like they really don't care whether their seller sells or not..  it's not about selling the house.. it's about convenience. 

Jul 28, 2011 02:58 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Judi - I don't imagine that's the feeling of the SELLERS, but appears to be the attitude of the agent!

Jul 29, 2011 01:33 AM
Sussie Sutton
David Tracy Real Estate - Houston, TX
David Tracy Real Estate for Buyers & Sellers

Such a stupid thing for that agent to have done! Everyone above said it for me...just stupid.

Jul 29, 2011 04:14 AM
Kim Boekholder Utah Real Estate/ PECO
Results Real Estate 801.580.5624 - Draper, UT
Broker Results Real Estate/Leasing Specialist PECO

I can't tell you how many times I have ran into this.  So sad for the seller and frustrating, I'm sure they have no idea what went on. 

Jul 30, 2011 02:44 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Alan

A not-so-uncommon scenario. At least you got to talk to them so they could clearly point out their unwillingness to perform their fiduciary duties.

Jeff

Jul 31, 2011 08:08 AM