Is it unethical for a real estate agent to take an overpriced listing?

By
Real Estate Broker/Owner with Richard Weisser Realty

Is it unethical for a real estate agent to take an overpriced listing by Richard WeisserIs it unethical for a real estate agent to take an overpriced listing?

While to many the answer might be obvious at first if we dig a little deeper into the topic things might not always appear in the same light.

I believe that most agents would agree that it is unethical for a listing agent to mislead a seller as to the value of their property.

But depending on the level of service, it may or may not be incumbent upon the agent to offer an opinion at all as to whether a price suggested by a seller is too high, too low, or right on target.

Sellers are free to offer their property at any price they choose, and if the seller selects the price based on their own method of determination then at that point it is merely a business decision for the agent as to whether or not to accept the listing.

If a seller does not ask the agent’s opinion as to price, there is no obligation for the agent to offer any advice at all on the subject.

There is NOTHING unethical about it at all!

 

Disclaimer: Georgia’s Agency Law is Statutory, and agency law varies from state to state.

Comments (72)

Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

It is unethical to mislead someone about the value of their home in order to obtain their listing !(COE Article 3). So I would say that if you believe it is in fact overpriced, you should be making that disclosure loud and clear !!!

Apr 25, 2014 12:16 PM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

But there is NO requirement to suggest a value so there in no necessity to disclose. If a seller says "I want to list for $300,000" you can say yes or no without offering an opinion.

Apr 25, 2014 12:27 PM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

As a matter of fact, there are brokers that do it all the time.

Apr 25, 2014 12:28 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Richard, heard a lot that it is unethical etc etc! However when competition lists the home at that price, the usual feeling is - 'I could do it! and why not? I did suggest the price to the seller' anyways.

Apr 25, 2014 12:29 PM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Just because a listing is lverpriced does t mean the seller doenst know it.  Most likely, not only his agent has told him so but also the market is rejecting the property.  I wouldn't find it very wise to list an overpriced property but I don't see it as unethical if  the seller is informed and still insists in a higher list price. 

Apr 25, 2014 12:34 PM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

In our market we can only give a price range. Our market is very strange indeed...The inventory is so low in MOST of our townhouse/condo highly desirable complexes that the last solds are minimal...one to two at best. Appraisers have to go outside of the complex to determine a 'fair market value'. Of late, seller's have underpriced or overpriced but needless to say, if we have no offers..and an excellent condition unit...'the public speaks'.  Bottom line, yes, I take slightly overpriced listings with the contingency that after two weeks of no action...we will readjust the price.   SEVERELY OVERPRICED? NO!  Of course the other agent who does just looks plain silly lol

Apr 26, 2014 01:40 AM
David Noce
Annapolis, MD
Professionalism and Dedication to my clients

It's not unethical. As an agent though, I believe you have an obligation to tell the seller they are overpriced. And put it in an email so you have a record of telling them. Overpriced listings will frustrate you and the seller when they aren't getting the traffic or an offer. Good luck.

Apr 26, 2014 02:38 AM
Steven Nickens
Wailea Realty - Wailea, HI
R(S)GRI ABR, Maui Real Estate Hawaii

Sometimes you have clients that you have worked with over the years, I will try and work with their price as long as they are willing to adjust the price when its not working out.

Apr 26, 2014 03:28 AM
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Like the others above, I would accept if there is a willingness by the owner to adjust price.

Apr 26, 2014 04:51 PM
IRMA Beltran
Century 21 M & M and Associates-Turlock homes Real Estate - Turlock, CA
Your Real Estate Agent 4 Life Always there 4 You!

Very interesting  topic, one you can go on for days. Everyone is going to have a different opinion

Apr 27, 2014 01:32 AM
Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

It happens all the time in my area as a method of securing the signed listing.

Apr 27, 2014 02:29 AM
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Hi, Richard!  Just wanted to let you know that I included this post in today's Last Week's Favorites. 

Apr 27, 2014 03:38 AM
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
800-309-3414 - Pensacola, Pace or Gulf Breeze, Fl.

We suggest getting an appraisal, home inspection and WDO and if we cannot sell it during the listing period we will reimbuse them. 

Apr 27, 2014 04:03 AM
Mike Cooper, Broker VA,WV, MD
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

I'm with Charles. If I think a seller is being unreasonable, I encourage them to get an appraisal to confirm their listing price. So far so good.

Apr 27, 2014 12:00 PM
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
The House Kat

If the agent has discussed what's going on in the market with the seller, and the seller insists on pricing the home higher, then the agent can decide to list it at the seller's price (with a reduction after a certain amount of time if it's not showing) or to walk away.  That's simple enough.

Apr 27, 2014 09:16 PM
A. J. Zaki
REMAX Realty Pros - Boca Raton, FL
Home Finder In Florida

Thank you for the blog. Great information. Have a great week!

Apr 28, 2014 01:12 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Hi Richard,

While it may not be unethical if the owner insists on that pricing.  The agent is not doing themselves or the seller any kind of service.

Apr 28, 2014 04:53 AM
Pat Champion
John Roberts Realty - Eustis, FL
Call the "CHAMPION" for all your real estate needs

Great post and topic I have taken listings with the agreement from the seller to adjust the price if we get no activity; if they are willing to compromise I will take the listing.

Apr 28, 2014 08:20 AM
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

I will take an overpriced listing even if I educate them the comparable solds in their neighbourhood and explain the pitfalls of having an overpriced home.  He may, or may not become more reasonable after 30 showings and no offer... in any event, I may pick up new buyers..

Apr 28, 2014 10:50 PM
Jeff Fisher
PureWest Real Estate - Whitefish, MT
PUREWEST REAL ESTATE/Christies

Its one thing to take a listing its another thing to sell homes.  I guess we all decide in the end which business model works for us and which one doesn't. 

May 01, 2014 09:47 AM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?