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Bug Me, Bother me, Drive me CRAZY.... It's Okay!

By
Real Estate Agent with Pine Knoll Shores Realty NCRE# 242843

 

  Bug Me, Bother Me, Drive me CRAZY..... It's Okay!

Recently, I received a call from a fellow REALTOR® because my client had called him to see property on a Sunday afternoon.  Fortunately,  she told him up front that I was her REALTOR®, but she didn't want to bother me on a Sunday afternoon... how sweet of her.  Apparently, she thought it was acceptable to bother him instead. He didn't show her the property, but advised her to call her agent, which she did the following Monday. 

Working with Real Estate AgentsI explained agency to her again and also explained to her that had she not warned him upfront that I was her agent and he had shown her the property, she fell in love with the property, and then made an offer on the property, that he may have expected the full commission at closing due to *procuring cause

Would this other agent fight for his commission?  Maybe, maybe not.  If he does fight, will he win?  Maybe, maybe not.  It depends on many factors and each case of procuring cause taken to Arbitration is different.  

Last week, this happened again, only in reverse.  Another agent in my office received a call for a property showing.  She met the potential buyer on a Sunday afternoon, showed him property after explaining agency and having him sign "Working With Real Estate Agents".  The following day, she received an offer from another agent on the property from the same buyer.  When his agent asked him why he had called someone else to see the property, his answer was, "I didn't want to bother you on a Sunday afternoon".  Not sure how this one will turn out, but it could get "sticky". 

If I am your buyer's agent, call me.  Bug Me, Bother me, Drive me CRAZY.... It's Okay!  As your agent, It's my job.  I turn my phone off while I am sleeping, when I am at church and when I am having dinner with my family, so you will not bother me!  I will always return your call, email or text ASAP.  If I plan to be out of town or unavailable for any extended period of time, I will give you notice and you will know who to call (usually my Broker in Charge), should you need anything.  And for the record...... I love my job, and most Sunday afternoons, I will be more than happy to show you the home of your dreams!  Do not bother that other agent and expect them to work for free.

 

According to NC Real Estate Commission:  

The term *"procuring cause," as used in describing a broker's activity entitling him or her to a commission, refers to: a cause originating a series of events that, without break in their continuity, result in the accomplishment of the prime objective for which the broker was employed, usually to procure a purchaser ready, willing and able to buy the property on the owner's terms.  In order for a broker's efforts to be the procuring or effective cause of a sale, it must be established that the broker's activity was the originating cause that not only started negotiations for the transaction, but also ultimately resulted in its consummation; the broker's activity must be the primary foundation upon which the negotiations were begun and the predominant factor in bringing about the transaction.

For more information about  Procurring Cause, Agency and other NC Real Estate Law, visit www.ncrec.org.

Comments(46)

Ron Aguilar
Gateway Mortgage Group - Saint George, UT
Mortgage & Real Estate Advisor since 1995

good post because this happens very often.

Mar 14, 2013 12:44 AM
Edith Schreiber
Luxury Homes, Move Up Buyers, 1st Time Homebuyers, New Construction - Frisco, TX
Dallas Area Real Estate

I love the calls from the buyers who say....."my Realtor is out of the country for an extended period, but would you show us the house???"

Here in Dallas, if a listing agent states that the buyer agent commission will be reduced if the listing agent shows the house to the buyer, the local MLS will immediately put a stop to it (when they catch the wording in the listing).....no can do, at least not here in Dallas!

We need to explain to our clients early and often how the process is supposed to work.

Mar 14, 2013 01:17 AM
Travis "the SOLD man" Parker; Broker/Owner
Travis Realty - Enterprise, AL
email: Travis@theSOLDman.me / cell: 334-494-7846

Yep, been that Agent to show, explain all of the stuctural features, only to have their "regular" Agent make the offer. Never a fun deal!

Mar 14, 2013 01:26 AM
Lehel Szucs
All Seasons Real Estate, Inc. - Covina, CA
REALTOR of choice

no matter how much we explain to our clients they find a reason to do things their way ... I too work most all the time and yet clients still wait or do silly things ... 

Mar 14, 2013 01:35 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Amy, don't you love it!  You matter how many times you tell them and some still do it!

Mar 14, 2013 02:37 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate
Congrats on the feature! I always tell my clients that they can call, text or email me at any time. I let them know that if I can't take their call that I will return their call as soon as I can. Most clients don't abuse that knowledge.
Mar 14, 2013 02:38 AM
Justine Greene
Eatonton, GA

Hi Amy, This has happened to me on several occasions where I have shown people property all weekend and then I would receive an offer from an out-of-town agent who had not even seen the property.  I have avoided having people sign the Buyer's Agreement up until now because it scares some buyers off, but more and more it's becoming an issue and therefore a necessity.

 

Mar 14, 2013 02:57 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Gosh, this happens to me all the time. Bless their hearts for thinking of us, but it's a really good way to muck up a relationship.

Mar 14, 2013 03:31 AM
Jeanne Dufort
Coldwell Banker Lake Country - Madison, GA
Madison and Lake Oconee GA

OTOH - what about the buyers who originally saw a property with the listing agent, but later decided they would benefit from having an independent buyer's agent represent them for the purchase?  Does that listing agent have a golden handcuff under procuring cause rules?

Mar 14, 2013 04:56 AM
Teral McDowell
Referral Patners LLC - Murphy, TX

I am asking for the buyer's agreement as I find if they don't want to sign one there are 2 good reasons. 1) not committed to buying or 2) working with or planning on working with another agent. Good post.

Mar 14, 2013 06:41 AM
Brian Rugg
Rugg Realty LLC Sun City Texas 512-818-6700 - Georgetown, TX
Sun City TX Real Estate - Georgetown, TX Real Est

Hello Amy: don't we really have to ask ourselves if these clients really don't understand how this business works? I want to believe they don't get get it, but too many treat our services as free to all.  I have (even) had phone inquiries wanting me to look up information about a listing and only called me since they could reach "their" agent.  When finally discovered, and asked about it, they expected it to be my "job" to do so.  Not!

Mar 14, 2013 12:22 PM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa
In my initial homebuyer consultation, this is explained to my buyers in detail, especially the reason that it really is okay to call me and not feel like you are bothering me. When I am representing a buyer, I expect them to call when it is convenient for THEM, that means nights and weekends are pretty common. I explain how I am paid, and also how I am NOT, this opens their eyes and I don't usually have any issues with them calling the listing agent to see a property. Thank you for sharing!
Mar 14, 2013 12:39 PM
EMILIA B COOPER, REALTOR® SFR.NCHSE.AHWD
LAROSA REALTY - Orlando, FL
Short Sales, Foreclosure & Bank Owned Real Estate

Amy, Excellent post, thanks for sharing with us!

Mar 14, 2013 01:22 PM
Diane M. Phillips Realtor 443-286-4365
Frankly Real Estate Inc. - Manchester, MD
Specializing in Carroll Co., MD

Amy ~ It does get sticky and the public does not understand how we work. We have to do our best to educate them.

Mar 15, 2013 01:37 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Love the title and yes, I agree 100%  Good one!

Mar 15, 2013 08:28 AM
Digital Digital
Alachua, FL
full service

Hi,

Thanks for sharing.

It's always important that we ask prospects if they are currently working with another Realtor or signed any documents before showing them homes.

Good blog!

Mar 15, 2013 01:01 PM
Gijs Van Breugel
TERRA FRANCE | International Estate Agents for France
TERRA FRANCE | International Estate Agents

Is there in the states the same problem like in France, that a certain percentage of clients will take your time to visit houses and then will try to deal a private deal behind your back - even though all forms are signed ?

Mar 15, 2013 09:36 PM
Deleted Account
Fort Myers, FL

I have lost a couple of deals, because my supposed client called the number on a sign instead of calling me.  I now explain everything up front.

Mar 16, 2013 08:44 AM
Elizabeth Y. Foulds
Long & Foster Real Estate - Saint Michaels, MD
Your St Michaels Realtor

Good post.  I love it when I receive calls to show my listings and the buyer says their agent is not available but will write the offer.  I now offer the services of a buyer agent as I am "not available".   It is amazing how their agent will become available!  This happens with out of town agents who don't want to give referrals.

Mar 25, 2013 10:35 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource
Amy, funny, but I've had several of my own clients saying to me that they didn't want to bother me on Sunday...Very nice of them...Of Course, I've had consumers call me because they didn't want to bother their agent!
Apr 02, 2013 01:52 PM