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A Real Estate Sales Lead or Government Tester?

By
Real Estate Agent with Dirt Road Real Estate SA676002000

In real estate due the compliance issues along with recent lawsuits and settlements, there are “government testers” contacting real estate agents to ensure adherence to state and federal laws and regulations. Professional real estate agents must be aware of these government testers while not offending potential real estate sellers or buyers.

This past week I received a text from a potential sales lead (“retired Air Force individual") who was a small business owner of home use products (nutrition, skin care, etc.) allegedly here in Kingman, AZ. This individual stated he is currently renting and is seeking to buy a house in the Fall of 2025.

Here is the last sentence of the first text I received.

“All safe and around children (pets) would you and the wife seriously consider using these if we work with you finding a house for sale?”

My response was polite and brief “No thank you and much success in your house hunting efforts.” I received a polite response in return “Thanks for the honest reply.” Again I responded “My pleasure” and thinking this was the end of this text conversation. Here is where my "spidey sense" started tingling.

Unfortunately, I was in error when I quickly received the next text “Would you care to share why you wouldn’t consider personal consumption.” Here I responded with “This would be considered unethical. Pay for play in simple terms.”  Again, I thought this would end this conversation and my "spidey sense" tingled even more.

Yet, this individual again responded with “Hmm interesting. Sooo do you give out gifts to new owners?”  My response was “Actually I am quite uncomfortable with this conversation. Thank you for the outreach.”

The texting rabbit hole continued with “Uncomfortable. Wow you are sensitive. I will not have anything good to report about you.”  The word report confirmed my spidey sense.” My simple response was And that is your choice.”

Again, this individual continued with Yes, but you could have been more tactful. If you give our gifts to new owners isn’t that the same as pay for play.”  I did not respond to this last text and no more texts were received.

All of these texts have been saved just in case this individual is an actual government tester or someone who might be lawsuit happy or just someone who likes to make trouble. Unfortunately, we as professional real estate agents must be aware that the real estate industry has government testers at the state and national levels without offending potential real estate sales leads. I just wondered if there are testers for other licensed professionals such as lawyers, doctors, CPA, Financial Advisors, etc.?

P.S. I shared this during our with our Dirt Road Real Estate Zoom meeting. My broker suggested I share this with out local Association which I did.

#LetsGetBackToRealConversations #WeDoThingsDifferently

Leanne M Smith, The Grit and Gratitude Agent Who Goes the Extra Mile Because Life Begins Where the Pavement Ends.

Feature Photo Courtesy of Pixabay.com

Any reproduction of Leanne M Smith’s blog for use by any AI or GAI, distribution or reproduction including but not limited to electronic newsletters e.g. PDF’s Internet sites or physical products e.g. newspapers, CDs without prior written permission and consent by me, Leanne M. Smith (Leanne Hoagland-Smith) is strictly prohibited.

Posted by

Leanne M. Smith, MS, GRI, rCRMS

2018 KGVAR Rookie Realtor of the Year-55+
219.508.2859 MST
Life Begins Where the Pavement Ends
Connect with me on LinkedIn:
http://www.linkedin.com/in/leannehoaglandsmith

Comments(19)

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Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Expert guidance. Exceptional results.

Thanks for sharing this eye-opening experience, Leanne Smith! Your insight into dealing with potential government testers is invaluable, and it’s a clever reminder that awareness in our industry is key. I appreciate you shedding light on the fine line we navigate as agents—gotta keep those spidey senses tingling!

Apr 21, 2025 09:56 AM
Leanne Smith

Yes we must be aware of our spidey senses.  My sense is we will be experiencing more of these testers. Thank you for stopping by.

Apr 21, 2025 10:19 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Hi Leanne,
Government tester or not, that's not a good way to start a relationship with a client.

Apr 21, 2025 10:56 AM
Leanne Smith

I agree not a good way to start a relationship. Good speaking with you today as well.

Apr 21, 2025 12:07 PM
Anna "Banana" Kruchten
Retired Broker/Owner - Phoenix, AZ
602-380-4886

Leanne it all sounded strange from the git go.  This guy was either a 'tester' or just another wack job creating stuff in the world for no reason.  What a waster of your time and energy.  I've heard of 'testers' over the years but not once ran across one nor do I know any agents that have been.  

Apr 21, 2025 11:00 AM
Leanne Smith

I agree it sounded strange from the get go. Yet one never knows until one engages. I receive texts often from individuals with no name or just a first name inquiring about properties.  One just must be cautious.

Apr 21, 2025 12:06 PM
Anna "Banana" Kruchten

I guess I mainly worked with my referral base so I didn't run into a  lot of whatever you call them!   But when I heard one.....you can bet I knew it was total bs.

Apr 21, 2025 02:21 PM
Adam Feinberg
Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

We routinely encounter testers in NYC- at least for fair housing discrimination- mostly related to rentals. The interpretation of fair housing laws got so extreme here- I don't work with rentals anymore. To be clear, I never really wanted to work the rental market but when friends, neighbors, and existing clients ask- I would rather not outsource this business (which would be very easy if it's a neighbor in my own building that wants to rent out their apartments).

 

A few years ago the state interpreted the fair housing laws so that if I take on an exclusive rental listing- take one of my upstairs neighbors as an example more as a favor and relationship builder rather than with a goal to build on my rental experience- and someone inquires on the listing with a housing voucher that now wants to work with me- even though I don't work on the tenant side- I am now forced to work with this tenant. The tenant could even change up the location they want to search- i.e. I only work in Manhattan, but the tenant wants to view apartments in Staten Island (it's about 45 minutes to an hour on the subway to get to the Staten Island Ferry- then 10-40 minutes to get to Staten Island on the Ferry- then who knows how long to get to the apartment location on Staten Island- and then back) - or if I reject the tenant because I don't work on Staten Island- I could be found guilty of Fair Housing violations.  

Given this environment- my answer is now a consistent- and can't be assailed - I don't work with rentals. While I only worked with 1 rental a year- I feel poorly implemented laws took this business away from me. I wasn't interested in routinely working this end of the business- but it was nice for me not to make it harder for my friends, neighbors, clients. 

While I support the need for fair housing laws- lawmakers need to re-think what is realistic and viable. 

Apr 21, 2025 11:19 AM
Leanne Smith

I have heard of fair housing tester by other agents. One never knows for sure yet with experience one has a fairly good idea.  I agree rentals are not my bailiwick nor do I want anything to do with rentals.  This is why I love selling dirt. If you have the money, that is all that counts. Thank you Adam for your detailed response and sharing of your experiences

Apr 21, 2025 12:05 PM
GilbertRealtor BillSalvatore
Arizona Elite Properties - Chandler, AZ
Realtor - 602-999-0952 / em: golfArizona@cox.net

Thank you for the great information. Have a fantastic week!

 

Bill Salvatore, Realtor

Arizona Elite Properties

#AZVHV / Arizona Veterans Helping Veterans

Apr 21, 2025 12:28 PM
Leanne Smith

Good morning Bill and you are more than welcome

Apr 22, 2025 07:52 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.WarrenCountyOhioRealEstate.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Leanne, My take?  Maybe neither a true lead or a tester.  Maybe a MLM type person using the bait of "looking for a home" to try and engage real estate agents to get them in turn to market to their client base, or to buy lots of their stuff to give as new owner gifts.  The report back doesn't gel though, all around odd and not a person I'd want as my client.

Apr 21, 2025 01:42 PM
Leanne Smith

Agree not a person I would want as a client -passive/aggressive is not my thing. Thank you and good morning

Apr 22, 2025 07:52 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good grief Leanne..what a conversation your had with this "new client, government tester or someone with way too much time on their hands!" Good to let others know of this type of encounter!

Apr 21, 2025 04:06 PM
Leanne Smith

Thank you and that was my intention.  In today's world, one never knows. Good morning as well.

Apr 22, 2025 07:51 AM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Leanne- from the outside looking in, if the person was a tester, it was odd for sure. Whoever the person was, you were wise to listen toyour spidey senses. 

Apr 21, 2025 06:49 PM
Leanne Smith

Yes one's spidey sense comes in quite handy in any sales environment.

Apr 22, 2025 07:51 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I'm sure I ran into a tester at least once way back when I was an agent. The questions they asked about the neighborhoods, and the comments they made were a pretty big clue. I felt like I needed to be very careful how I replied. 

Also, the man was Hispanic, and that is rare around here. I had the feeling that they were watching to see if I would react somehow. 

The fact that they seemed very interested in one of the houses, but I never heard from them again was another clue. 

Apr 21, 2025 09:31 PM
Leanne Smith

Yes the lack of follow-up can be a very good clue though not necessarily true in all cases.  I agree a Hispanic accent in an area that is uncommon is potentially another clue. Thank you and good morning.

Apr 22, 2025 07:50 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

That definitely sounded weird and I wouldn't have continued the conversation either.

Apr 22, 2025 05:34 AM
Leanne Smith

Yes it did indeed become weird with the continued texts.  Good morning and thank you.

Apr 22, 2025 07:49 AM
Kat Palmiotti

Good morning!

Apr 22, 2025 08:16 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

Pay for play is not something that I would want in my world, haha.  Although, I guess we pay for all of our play in one way or another, haha.

Apr 22, 2025 05:45 AM
Leanne Smith

Nor would I want that in mine. Good morning and thank you, hope all is well.

Apr 22, 2025 07:48 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Leanne - a spidey sense can begin to reveal a web of an ever-growing information.  This data can be mined for greater insight.

Apr 22, 2025 06:43 AM
Leanne Smith

So true, years ago one of my coaches said "given enough information, your intuitive sense (spidey sense) will be validated."

Apr 22, 2025 07:48 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

That text discussion went farther than it would have with me. The number would be blocked no matter who they are or what their agenda is. 

 

Apr 22, 2025 07:34 AM
Leanne Smith

I can appreciate your response.  In the past I have texts inquiring and I prefer to be cautiously optimistic.

Apr 22, 2025 07:47 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Leanne, good to hear your senses could feel this could be a tester.  I believe I had one a few years ago.   

Apr 26, 2025 06:42 AM
Leanne Smith

Good morning. As we age and gain more experiences, our spidey sense becomes more sensitive and accurate.

Apr 29, 2025 07:52 AM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Apr 26, 2025 06:21 PM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Apr 26, 2025 06:22 PM
Leanne Smith

So appreciate the feature. Apologies for the delay in acknowledgement as I am currently om vacation.

Apr 29, 2025 07:51 AM
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Good morning Leanne. Unlike Will Rogers, I have been introduced to people I do not like. And, saying "no" gets easier with experience. Unfortunately, I do not have your patience to deal with the situation as effectively as you did. Enjoy your day 

Apr 27, 2025 04:43 AM
Leanne Smith

Years ago I adopted an attitude of being "justifiably patient." Thank you and good morning.

Apr 29, 2025 07:50 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

Good morning, Leanne... government testers make a regular appearance in the Greater Charlotte area. We've been "trained" on how to recognize them, as well as how to answer certain kinds of questions.

Apr 27, 2025 05:08 AM
Leanne Smith

I am not surprised as your state is closer to DC. Thank you for sharing your experience.

Apr 29, 2025 07:48 AM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

You are much nicer than I am. Any conversation over the phone or by email is a sure sign. Great job.

Apr 27, 2025 07:17 AM
Leanne Smith

In my elderly years, I have attempted to be a kinder and nicer person. Thank you for your comment as well.

Apr 29, 2025 07:48 AM