Stop E-mailing My Clients! Listing Agent Oversteps

Carla, I'm hearing Kevin O'Leary in my mind ... say it isn't so! But wait, we have new construction involved with this one. "They" seem to think the do all the work and merely pay a commission to the buyer's agent. That may be true in 90% or better of the cases, but it is not the case when Carla Muss-Jacobs, Principal Broker/Owner is REPRESENTING the buyers.

FEATURED IN CRAP-TACULAR

Mr. Crappy thinks ... that agent's behavior stinks!

Obviously not an agent who understands the role of representing buyers.  I would have sent back a great big ole "thanks but mind your own business!"   Being a Realtor has made me a much more civil person...

While I don't disagree with you, I don't think this is going to change anytime soon. In our neck of the woods, it's pretty typical for the builder's onsite agents to email the buyers. I remind the buyers the onsite agent represents the sellers and nothing confidential should be shared with them. I also advise them that no decisions be made without running it by me first. I'm very involved in new construction and I let on-site agents know I need to be copied on all correspondence. I view these emails as more informational than telling my clients what to do. One of my clients recently saved $2,000 towards his title insurance ($940K purchase) because he used the builder's title company to close. That information was shared with the buyer in an email. I verified that it was true and we amended our contract to close at the builder's title company to receive this significant savings. So there can be some advantages to receiving these emails but I certainly understand your angst.

How did the listing agent get the buyers' email address?

Yikes.  This would have me furious.  Of course, in our area, agents often don't understand that when they put their clients email address for notices out there, it is out there and gives the other agent direct accesss, but under very specific guidelines to serve notice.  I keep my clients email to myself.  They can't contact them, even if it puts them in the wrong, if they don't have the email.

Not good. I would imagine this agent working for the developer, does not fully understand their limitations. I am sure they do now :)

The code seems pretty clear.  We also attempt to keep the client contact information from being distributed as much as possible.  You just never know...

Whoa! That's bad! I would be all over this with the broker and Board. 

Oh no. Oh hell no! 

Let's acknowledge your clients have been trained well, since their immediate response was to reach out to you.

I'll trust the other agent got his/her hand slapped hard for messing with Carla Muss-Jacobs, Principal Broker/Owner , that being the first of a few steps which I'd think you'll consider.

No, no, no.

In CA the buyers of larger builder developments are basically handed off, the builder has their own contract, we are included just as you were. Sounds like a regular deal and you wrote contract,   she has most likely created and agency  with your customer/client.

I am

seeing lots

of upprofessional

behavior out there! I got a deal accepted on the 22nd, they didn't open escrow until the 26th therefore they didn't follow other time frames in the contract and...I got a seller counter offer on the 31st! Back dated to the 22nd! They forgot that docusign dates and keeps history of everything.

I think there are a lot of agents that think they are back in the days of Sub-agency, where the listing agent controlled all.  They need to back off.

Recently, I had to set an agent straight when she started e-mailing my client with BS and did not copy me.  Not long ago, during inspections, I had a agent speak directly to my clients and say "you really don't want that fixed, do you..."   I told the buyer in front of her, not to answer that, because of course we wanted that fixed"

Once when I set an appointment to show a property, the listing agent sent me a list of rules to follow....including that the lender could not be at closing  and I needed to wear a name tag at closing, but not engage in conversation.  I swear that is true...

I sent her an e-mail that I did not want to deal with a "control freak" and so I was cancelling the appointment.

Real Estate is hard enough without dealing with those that slept through class.

Eve

That's one reason why I don't put phone #'s or emails on the contracts. One person will ruin it for everyone & crossed the line. I'm going to say that her/his broker doesn't know this is going on.

Oh Carla Muss-Jacobs, Principal Broker/Owner - I do not like those agents who cross the line!

They think they are looking forward to 'win-win' without realizing that what they are doing may lead to losing a buyer - and it's going to be 'lose-lose'!

Hi Carla: I can see a potential violation of Chapter 16 in many counts and ways. What was the listing agent thinking? You are not competent enough to be handle the new change? Ha... He/she should have been warned as to whom he/she will be up against.

That is BAD, BAD, BAD behavior. I would be contacting that agent's broker immediately. Let us know if anything further comes of this. 

Did you check to see if the agent was / is a REALTOR - or just a real estate licensee?  Unfortunately, they would only be subject to the NAR COE if a REALTOR...

That is horrible.  The agent should never communicate directly with the other agent's principle and certainly shouldn't be giving advice!  The only time I can see it being OK is for simple forms in zipforms/docusign and only with their agent's approval.

Carla Muss-Jacobs, Principal Broker (503) 810-7192 "...the listing agent who represents the seller/builder shouldn't be advising them of new TRID closing guidelines, or anything else to do with their contractual obligations...Just because the listing agent has my clients' email addresses, that does NOT mean they have permission granted to interfere with the real estate agency relationship I have with my clients!"

Right on target - and - re-blog!