Admin

I Don't "Steal" Leads . . . I Represent Buyers

By
Industry Observer with RETIRED / State License is Inactive Inactive License Oregon

I Don't "Steal" Leads . . . I Represent Buyers

As a tech-savvy real estate agent, I find it offensive when I read articles about how I'm "stealing" leads because I have an established web presence.

Since a very high percentage of my buyer clients come from my Internet presence, I worked HARD for that presence thank you very much!

Buyers NEED their own representation.

A Listing Agent is NOT the fiduciary of the consumer, or the customer . . . and IF -- in the State of Oregon -- the listing agent wants to play dual agent, the legal form of agency relationship which is established is:  Disclosed LIMITED Agent

That's under the OAR 863-015--215(4).

Why in the name of all that is COMMON SENSE would a Buyer (or a Seller for that matter) WANT a "Limited" real estate agent . . . is beyond me!

The agent is LIMITED in their duties . . . NO FREAKING DUH!!

The State of Oregon recognizes that ONE AGENT "representing" TWO INDIVIDUAL PARTIES in the SAME TRANSACTION is a . . . , , , , , can we say: Conflict of Interest, boys and girls.

So the state has "limited" the duties of the real estate agent who has both the BUYER and SELLER for a reason.  The DUTIES ARE LIMITED, under Oregon Administrative Rule!

Again, why would anyone with common sense want that type of real estate representation?

I represent BUYERS when they want to buy a home and want their interests protected . . . NOT limited!

I have NEVER used a LISTING to grab a "lead"

This is why people that DO NOT PRACTICE REAL ESTATE as a living need to stop writing articles about real estate business practices.*  

Real estate is LEGAL!

The agency relationships created are LEGAL!

The listing agent is NOT entitled to "leads" because they engage in Seller representation.  Where does it say that ANYWHERE in the listing contract?

 

The listing agent has a duty to their clients -- the Sellers -- to list, market and sell their property.  They have a fiduciary duty to their clients -- the Sellers -- and it's NOT one of their fiduciary duties to obtain "BUYER LEADS" off their clients' property.

While there are a lot of listing agents that use their clients' property as a personal fishing pole to pick up buyer-side business, to sell ANOTHER home to the buyer . . . that is NOT what their listing contract stipulates.

If Sellers only knew . . . [shaking my head]

So yeah, I'm a TECH SAVVY EXCLUSIVE BUYERS AGENT!  

 

I represent BUYERS when they want to buy a home and want their interests protected . . . NOT limited!

I have NEVER used a LISTING to grab a "lead"

 

 

*What's flared Carla's skirt, you ask?  

Posted by

 

 

Carla Muss-Jacobs has RETIRED effective May 1, 2018

Representing Buyers in the Portland Metro Real Estate Market | Clackamas Multnomah and Washington Counties | Since 1999

Carla Muss-Jacobs, REALTOR®, ABR, CEBA, ePro
Principal Broker/Owner ~~ INACTIVE

Carla Muss-Jacobs' retirement became effective May 1, 2018

Direct: 503-810-7192 

 

All Rights Reserved © 

Comments(56)

Show All Comments Sort:
Patricia Feager
Appraisal Review Board, Denton County, TX - Flower Mound, TX
Licensed to April 2027

I have to agree with you and Praful Thakkar - Dual Agency is acceptable in Texas too but I like how Oregon does it. You are spot on with this featured post - atta girl Carla!!! I'm glad to see it was featured! You deserve it!

Aug 04, 2015 09:11 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     The vast majority of sales in Florida are "Transaction Brokerage".  If only Buyers knew what that meant!  It means LIMITED REPRESENTATION.  You are NOT getting the undivided loyalty of "your" Agent.

     Needless to say, the Big Companies lobbied hard to get this into the Florida Statutes, so that they could continue to double-end /  get both sides of the commission.

Aug 04, 2015 11:29 AM
Tom White
Franklin Homes Realty LLC (615) 495-0752 or www.FranklinHomesRealty.com - Franklin, TN
Franklin Homes Realty LLC, Franklin TN

Ok Carla, tell us what you really think! I love it that you are right out there with this. Stealing leads? Are you kidding me...as if they own them?

Aug 04, 2015 11:41 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Carla. Really like the way your state handles representation, better than many states that I do business.

Aug 04, 2015 06:57 PM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Much to do about nothing.

I recall my 1992 stay in Russia. While there I spent time with many citizens living right where they live. Lot's of tea consumed as everyone in the building crowded around.

The topic of theft came up (I don't recall how) and their attitude was "it's the owners responsibility to protect their belongings. If left unprotected it is the responsibility of others to TAKE it." So the Lata's parked at the curb were all without windshield wipers because the owner stashed them inside the ride.

I carry that lesson with me today. If I don't want my blogs ripped off, I protect them instead of cry about plagiarism. 

It is your responsibility to protect your asset (buyer and seller) by making theft much more difficult. Those who leave their assets unprotected will find other will live up to their responsibility.

Stealing leads? That is funny just thinking about it.

Aug 04, 2015 11:31 PM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

Why anyone would want an agent representing them as buyer when they already represent the seller is beyond me.  Conflict?  I say YES!

Aug 05, 2015 08:53 AM
Dan Dee McGinnis The Pumpkin Man
HomeSmart - Phoenix, AZ
The Pumpkin Man

You know I  am sure there are some agents who are worst than some politicians.

Aug 06, 2015 03:19 AM
Debbie Laity
CinaJones Real Estate - Cedaredge, CO
Your Real Estate Resource for Delta County

Stealing leads? It's is a buyer and seller's choice on who they want to work with. A buyer would be silly to NOT have an agent represent them. 

Aug 06, 2015 03:00 PM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Anonymous seems to like you!  You should be very proud of your tech savvy presence and the buyers should be thankful to find you.

Aug 07, 2015 01:29 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Yeah -- Anonymous must have some kind of screws loose Mona Gersky   But, I scored points, so it's all good!

Aug 08, 2015 03:30 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

Carla Muss-Jacobs, Principal Broker/Owner - You are so right about non real estate experts writing opinion articles on real estate. No wonder so many of them are completely wrong and misleading.

Aug 08, 2015 07:03 AM
Inna Ivchenko
Equity Union - Calabasas, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

All those ''1s'' above are showing up on a few featured blogs posts. Is it a bug a the AR system?

Aug 08, 2015 04:09 PM
Inna Ivchenko
Equity Union - Calabasas, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

Sorry, I got carried away by those comments...

Carla, I would never accuse a selling agent in stealing the lead. Personally, I think the buyer's agent work much harder and often much longer with a client.

Aug 08, 2015 04:15 PM
John G. Johnston
John G. Johnston & Associates, LLC - Westcliffe, CO
An Exclusive Buyer's Agent ~ Westcliffe, CO

I still call the listing agent even if the listing is expired, cancelled or withdrawn.  I work for the buyer and have no desire to deal with the seller unless that agent gives me the phone # and tells me to call them.  This is truly a buyer's market and probably always will be.  Enjoy your day Carla Muss-Jacobs, Principal Broker/Owner 

Aug 09, 2015 10:37 AM
Nancy Robinson Ranked #6 in MI
Century 21 Town and Country - Royal Oak, MI
#11 Century21 Realtor in the US, #16 in the World

In many cases in my market the listing agents feel it is their God Given Right to try any means necessary to double end a transaction.  I know exactly what you are saying and whole heartedly agree.  In Michigan a listing agent can only become a dual agent if they were previously working with that buyer under buyers agency agreement and then brought that buyer to a home listed with the same broker.  Not a random lead  and not a peron that comes into  an open house.

Aug 09, 2015 02:08 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Nancy Robinson that's the same in our area too, but it's more common for the listing agent to use their client's property as bait.  

Aug 10, 2015 03:41 AM
Maria Morton
Platinum Realty - Kansas City, MO
Kansas City Real Estate 816-560-3758

This is so difficult for the general public to comprehend. The plethora of misinformation out there does not help. Keep publishing accurate information so at least they have a chance of finding it. 

Aug 10, 2015 06:47 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Carla

Your post has generated a lot of interest . . . . Congratulations on the gold star.

Good luck and success.

Lou Ludwig

Aug 10, 2015 12:03 PM
Roy Kelley
Retired - Gaithersburg, MD

This is good reading for prospective home buyers.

I hope you are enjoying a very productive summer.

Aug 12, 2015 10:59 PM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Carla ... great post my friend, congrats on the feature from AR and I almost missed this post 

Aug 16, 2015 10:25 AM