Special offer

The Sale Does NOT Belong To The Agent

By
Real Estate Agent with Century 21 Award BRE # 01924314

There are many of us out there that take our jobs personally. Although we have to separate our emotions from the job, I take my business personally because it makes me more passionate about what I do and who I do it for.

 

Regardless of how much of the "personal" we set aside, there is one thing that too many agents forget ... the Realtor® is NOT a party to the contract. This purchase or sale that you are facilitating DOES NOT BELONG TO YOU! The decisions to be made in your transactions are not yours to make. Unless otherwise agreed to, you do not have permission to act on behalf of your buyer or seller without their knowledge or consent.

 

For example: If you receive an offer for one of your listings, regardless of how amazingly terrible you think it is … you MUST present it to your seller. Yes, there are certainly sellers who authorize us to negotiate price or terms to a certain point (I hope you got that in writing) and you can communicate that when appropriate to the other agents or buyers when an offer comes in lower than that "reserve." However, MOST agents do not have upfront authorization to negotiate on behalf of their clients without their permission. That goes for anything ... sale price, request for repairs, possession days after close of escrow, etc.

 

Ahhh, you would never do such a thing? Have you ever put “Agent Private Remarks” on the MLS that states specifically that “All offers to include a pre-approval letter from a lender” and sure enough you receive an offer without one? Then, you call the agent and say “hey, thanks for the offer … didn’t see the pre-approval letter so as soon as I get that I will present this to my seller.” WRONG! Unless your seller told you to NOT present offers that have failed to include a pre-approval letter then your response to the agent should be something like:

  • “Thank you for the offer. I’ll get this in front of my seller as soon as possible and let you know how they would like to move forward.”

OR

  • “Thank you for the offer. I noticed there was no pre-approval letter with this offer. I will present this to my seller as soon as possible and it would be helpful if you could provide that paperwork to strengthen and support your buyer’s offer at your earliest convenience.”

 

Look, this business has a lot of “big” things that we deal with but everything down to the few dollars spent on repair requests … it is not your decision to make. It’s your job to negotiate it, yes. The Realtor® is hired to present all options to their clients, perhaps run the pro & con list but it is not your job to decide for your client what will or will not be best for them.

 

Our fiduciary responsibility to our clients is very important and while I fully support taking the job personally … remember, the deals you negotiate are not your personal deals. We are privileged to be trusted with buyers and sellers who put lifetimes of savings in our hands. DO NOT ABUSE YOUR POSITION. A good agent is not the one that makes the hard decisions for their clients. A good agent is the one that has the hard conversations with their clients to determine what the best decision will be for them.

 

This job can and should be a fun one … but don’t be fooled; this is a serious business. Failure to do your job properly could cost someone everything they have ever worked for, could land you in court with a big lawsuit, could cost you your license or even put you in jail. Take it personally or not … but ALWAYS take it seriously. Have fun but work for your clients the way you are supposed to. THESE PURCHASES & SALES ARE NOT YOURS!!!

Comments(102)

Theresa Akin
CORPUS CHRISTI REALTY GROUP - Corpus Christi, TX

If it isn't in the listing agreement I don't put it in the MLS.  If the seller want a pre-approval to accompany an offer, I write it in special provisions. When an offer comes in w/o a pre- approval or proof of funds, which show the buyer to be serious, I let the seller know and it's still up to the seller. I let the buyer agent know the seller may or may not consider even looking at it but I will present anyway.  BTW when I represent a buyer I want to see a letter of pre-approval from the lender so I know not to waste my time on a looky lou. I have had a couple rounds with couple agents who wanted to wait for acceptance of the offer before presenting proof or pre-approval. One of my sellers sent me an e-mail stating the offer would not be looked at with out the required paper from the lender or financial institution.

Sep 24, 2015 12:09 AM
Pat and Ed Okenica
DRAKE REALTY Lake Oconee Ga - Greensboro, GA
Lake Oconee Ga Real Estate

Thanks for the Reminder post!  Very well written!

Sep 24, 2015 02:00 AM
Greg Mona
West USA Realty - Scottsdale, AZ
Professional Real Estate Representation for YOU!

Thank you for this reminder James Hoff.  A couple of things...in a perfect world it would be great if agents/realtors didn't make it all about them and personalize any part of the transaction, but simply represent their side as an advocate  and representative to the best of their ability.  Human nature being what it is, and admittedly, that is a near impossibility.  On thing to add, if you have written instructions from your sellers to NOT present an offer under a certain dollar amount, then you don't technically have to present all offers.

Sep 24, 2015 04:10 AM
Pam Orzan Broker, Owner
Coastal Living South Florida Real Estate - Delray Beach, FL
Selling Delray, Boca Raton, & Boynton Beach

This happens every day! Great post..hope some of the agents in my area read it!

Sep 24, 2015 04:33 AM
Anonymous
Jay Holland

If I could tattoo one thing on the brain of every new agent it is this: "We provide, they decide". Meaning we provide all the information that we can, and all the advice and guidance that we can, in order for our clients to make the most informed decision(s) possible, but it is THEIR DECISION. not ours! WE PROVIDE, THEY DECIDE.

Sep 24, 2015 05:50 AM
#87
Mariette Gagne
MarketPlace Realty, Inc. - Hickory, NC
Residential and Inn Broker in Hickory, NC.

I agree all offers need to be presented to the seller.  The buyer wants to buy the property, but does not want to pay the price.  It's just a beginning figure and I have negotiated several low offers successfully to the satisfaction of the seller.

  

Sep 24, 2015 11:16 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

James Hoff We are one of those brokers who has taken the time to compile a list of written instructions from the Seller and publish them in every listing to avoid a huge waste of time:

 

Sep 25, 2015 01:00 AM
Debra B Albert, PA - Keyes Realty
Keyes Realty Treasure Coast, 34986 - Port St Lucie, FL
Ron and Debbie 772.708.3292

Great Blog!  You are right, we tend to use MY a lot in this business.  That is because we are vested in it, but you are right it is not "Ours".

 

Sep 25, 2015 02:19 AM
Liane Thomas, Top Listing Agent
Professional Realty Services® - Corona, CA
Bringing you Home!

You are right, it is important to remember we are the facilitator, not the decision maker.

Sep 25, 2015 02:30 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Excellent post - besides...it's the law!  Don't posture just let your seller know and let them make the decisions!

Sep 25, 2015 02:49 AM
Marilyn O'Donoghue
Long & Foster Avalon - Avalon, NJ

I am so grateful for this post.  I follow all rules and adhere to our Code of Ethics. Period.  I have seen too many agents try to be the Home Inspector, Attorney, Mortgage Rep, Psychiatrist, etc.  Thank you!

Sep 25, 2015 05:04 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

During a sellers market the listing agent rarely contact buyers or let then kow the offer is not accepted. For that reason most buyer by pass buyer agent go straight to the listing agent. Buyer often use agents as door man and contact listing agent. That is why buyer-agency agreement is important.

Sep 25, 2015 05:18 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

People may be forgetful, they will not forgive poor professionalism. 

Sep 25, 2015 05:20 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Well said! To know our place in the process and perform at our best...simple job being a Realtor.

Sep 25, 2015 05:33 AM
Vera Gonzalez
RE/MAX Suburban, Inc. - Sterling Heights, MI
Gonzo For Real Estate

You are aavebsolutely right. A lowball offer and all the other things have nothing to do with you. Just present it. 

Sep 26, 2015 11:44 AM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Tony and Suzanne Marriott That is an AWESOME document. 

Unfortunately, so very many agents experience extreme distress with the suggestion they may need to call the listing agent to schedule a showing that they will NEVER read this until the complaints start to surface and they are directed to the available TOU document. 

Your TOU is over the top, but I see the intended purpose. I shall go forth and do the same.

 

Sep 28, 2015 12:26 AM
Tony and Suzanne Marriott, Associate Brokers

Annette Lawrence , Palm Harbor, FL 727-420-4041 It took several weeks to create, fine tune, and get it to the point where it passed "the smell test".  We had Designated Brokers from other brokerages who applauded it - that was the real indicator that it was helpful! In the remarks/instructions field(s) on the main listing page we clearly spelled out that this was attached, and all the information that could be shared was contained therein.  In the first year we had only 3 agents contact our brokerage to "complain" about it - and our Designated Broker won all 3 of them over with the question "Do you want all the information immediately available to you, on demand, 24/7/365, or would you prefer to call, leave a voicemail, get a call back, and have to write it all down yourself?"

Sep 28, 2015 01:26 AM
Barry Kessler
Pinnacle Estate Properties, Inc. - Simi Valley, CA
Barry Kessler

Oh how we forget that it is not all about us.

Thanks for the re-enforcement!

Sep 28, 2015 03:37 AM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

You mean listing agents aren't the boss of all the details? :-) 

Sep 28, 2015 05:21 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

It really does come down to Seller Written Instructions.  Whether suggested by the agent, or by the Seller, the Sellers Instructions may define what offers they do not want to see.

Oct 15, 2015 02:02 AM
Mike Reyman
eXp Realty - Media, PA
Delaware County Real Estate

Well said!  Sometimes, "Human Nature" (our ego) gets in the way.  Thanks to reminders like your well written post and ideas like Jay Holland's phrase 'We advise, they decide' or the document that Tony and Suzanne Marroitt shared that can help keep us on track.  Thanks very much!

Oct 15, 2015 02:03 AM