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Stop Poaching my Buyers - A Series on the NAR Code of Ethics (Part Five)

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Real Estate Agent with Keller Williams Elite RM423455

Stop Poaching My Buyers - A Series on the NAR Code of Ethics (Part Five)

In the last installment we discussed an excellent article written by Pennsylvania Association of Realtors legal counsel, James Goldsmith. We have now established that one can win a procuring cause action, but be guilty of an ethics violation.

In this post we will examine the language a person may employ when upset with losing a buyer. It is the language which inspired this series, “Poaching my buyer.” There are certainly many variations which mean the same thing. We could use the word steal or take.

What is the meaning of this phrase? Stop for just a minute at this point and tell me what first comes to your mind? Take a moment to think about it.

According to dictionary.com the word poaching means:

  1. The illegal practice of trespassing onto another’s land, in order to hunt or steal game without the owner’s permission.
  2. Any encroachment on another’s property, rights or ideas.


So the term means, “to do something which is illegal or wrong.” In the context of real estate, it infers a violation of the code of ethics. It is something which is considered wrong.

Couple this with the words my buyer, it suggests this buyer is my client. An agent does not own a buyer or seller, but we often use this language to communicate our business relationship. When talking to an agent we might say, “I have a client or I have a buyer.” If we add the personal pronoun, my buyer, it does infer a business relationship. What does it take to establish a business relationship? This question will be answered later.

In the next post, we will take a quiz to test our knowledge of the Code of Ethics.

 

Stop Poaching My Buyers - A Series on the NAR Code of Ethics (Part One)

 

Stop Poaching my Buyers - A Series on the NAR Code of Ethics (Part Two)

 

Stop Poaching My Buyers - A Series on the NAR Code of Ethics (Part Three)

 

Stop Poaching My Buyers - A Series on the NAR Code of Ethics (Part Four)

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Living in Lancaster Group

 

An agent who places your interests as his first priority. 
Cal Yoder

Your Homes for Sale in Lancaster Agent

Keller Williams Realty Lancaster

1630 Manheim Pike

Lancaster, PA 17601

Office Phone: 717-735-1145

Cell Phone: 717-413-0744

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Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Cal,  Great series of posts.  Keep them coming!  Often the agent who was "poached from" did not do theri job well.

Apr 03, 2012 08:09 PM
David Trotz
Century 21 Van Syckel - Golden Post - Basking Ridge, NJ

If you are doing good job for your clients, another agent should not be able to steal them....

Apr 03, 2012 08:20 PM
Cal Yoder
Keller Williams Elite - Lititz, PA
Homes For Sale in Lancaster PA - 717.413.0744

Bob, thanks for your words of encouragement. Glad you are enjoying it and Bob, I have a feeling that too many times when persons claim someone has committed an ethics violation, they may not have. It is simply a disagreement over business practices.

David, understanding the use of the term client and having an exclusive relationship is part of what has inspired this post.

Cal

Apr 03, 2012 08:39 PM
Erv Fleishman
Realty Associates - Boca Raton, FL
Luxury Prop Specialist Realty Associates

fuhgetaboutit.

For a better dsicussion on eggs look a the one on dying the eggs for Easter.

Poaching a client?

Key question... Are you working with another agent?

Yes...bye, bye.

No...OK.

If a buyer says he has seen a property before with an agent....we won't show it.

People are people. 

 

Apr 03, 2012 09:50 PM
Cal Yoder
Keller Williams Elite - Lititz, PA
Homes For Sale in Lancaster PA - 717.413.0744

Erv, I like your sense of humor. Your question about working with another agent is a good one. If they say no, ok. In another part of this series, I explained we do not need to worry about procuring cause in Lancaster. We practice the "the one who wrote the offer" rule. So the last part is not something I worry about, it is whether they are working with someone and have signed a contract. More to come on some of the things that are interesting. Thanks.

Cal

Apr 03, 2012 10:06 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

While most agents are above board Cal, there are a few out there that regularly poach.

Apr 03, 2012 10:15 PM