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Shh! Don't Frighten It! The Endangered Exclusive Listing

By
Real Estate Agent with Homesmart

Where are the buyers? There are scores of listings languishing on the market here in the greater Phoenix area.  Thousands upon thousands of them.  Many are overpriced.  Many are in less than ideal condition.  Many more are simply “okay” houses with “okay” prices.  That won’t cut it in today’s hyper competitive environment.  While these home selling sins are somewhat pardonable due to financial constraints, I still run across the occasional animal that should have gone extinct right next to the dodo bird … or 2006, at the latest. 

I’m talking about the “Exclusive Listing.”

In better times for sellers, the exclusive listing is often wielded by a listing agent who wants to keep the whole commission pie to him/herself.  Knowing that a property often sold before a sign was even planted in the yard, more and more agents began to horde their listings between 2004-2006.  They didn’t want to pay a buyer’s agent because buyers were a dime a dozen. 

You also had the sellers who thought they could save a few bucks by negotiating a slightly reduced commission by employing one agent to handle the transaction, and cutting out the perceived middle man (buyer’s agent).  This was folly, of course, because it greatly reduced the pool of buyers coming through the front door.  Reduced demand from potential suitors equals a reduced sales price.  But even though the practice was of the “penny wise, pound foolish” variety, many such listings would still sell in the frenzy that defined 2005 Scottsdale.

 

Now it’s 2008.  Instead of buyers mugging each other in the mad scramble to submit an offer on a property, any property, they are turning their noses up at the most pristine and reasonably priced homes on the market.  Sellers are offering closing cost assistance, private financing, cars, vacations, agent bonuses and an evening with their wives to entice leery buyers … okay, maybe not the last one.

This being said, it was downright confounding when I occasioned upon one such relic from the glory days.  Surfing a few websites this morning for properties that may not have hit the MLS yet, I stumbled across something that looked like a perfect fit for my client.  As I was reading the description, I began to get excited.  Mid-century modern construction with a contemporary flair in central Phoenix?  This might be the ticket!  Scrolling further down the page, I saw it.

Exclusive Listing – Not in MLS!”

My initial ire faded to wonder.  I stared at the antiquated words on my screen as I would the wildlife in the Galapagos Islands.  Afraid to move for fear of spooking the endangered little creature, I picked up my phone ever so slowly.  I dialed the listing agent.  In hushed tones, I left a message requesting further information, and punctuated the call with the words, “You’re not really keeping a listing in-house in this market, are you???”  My next three calls went to associates.  I couldn’t wait to tell them that I had stumbled upon the Real Estate equivalent of a unicorn. 

They do exist!

As I wait for the return phone call which will never come (prompting me to put the agent on speed dial), I sit transfixed by the sheer audacity.  I’m dying to know if this exclusivity was the brainchild of the agent or the client.

“Hey, I’ve got an idea!  Let’s make a property even more impossible to sell in this market!”

“Sounds great!” 

“Just think of the money I’ll save!”

“Me too!”

Tell you what, fellas.  Don't take all of those "savings" to the casino until you actually produce a sale for market value.  Of course, if you are fortunate enough to procure a buyer, how will you know if you attain market value?  You haven't tapped into the largest pool of buyers to test demand.  

I have seen a few harebrained schemes in my day, but the exclusive listing is right up there with the best of them.  Its only rival is the "home viewing allowed upon accepted contract only" listing.

Good grief.  The things people do to themselves.

 

Comments(70)

Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Jason- It was an Andrew Lenza sighting:)

Andrew- Hi there, good to see ya! :)

Paul- We live in an area where this exclusive listing is used a lot. In our town you must be a member of FAR and NAR in order to be a member of the MLS as an agent or broker. There are brokers who do not belong to NAR and therefore do not belong to our MLS. They often cobroke if you bring them a buyer but this area is still not on the internet in the ways that the west is. There are a lot of what we call pocket listings. They are all sold word of mouth. But like Lenn says this is really in the multi milliion dollar homes and very exclusive polo communities where the community agent gets all the listings as per their HOA rules!

But for these high end homes they are sold by invitation only. That is a security thing and also to keep away paparazi and lookie loos. Fake buyers and the like. You must show your money before you even get an appointment. We work the luxury market and talk most of the sellers into letting us put their properties on the MLS with instructions that agent must accompany showings.

We also get certain land deals that are actually not listings but we have commission agreements. There are many prominant land owners in Florida that do not want the world to know their property is for sale.So we arrange a special commission agreement, a NCDC contract that all parties sign and this is never put in the MLS. We then do private mailings just like Lenn receives to certain individuals that this particular property is available.

SO there are different situations that warrant this. But in your case, that house was not fitting into these catagories as far as I could tell so this guy is just cutting off his nose to spite his face and end up with egg on it! Perhaps you can keep an eye on this listing and be ready to pounce when it expires:)

Jul 23, 2008 03:13 PM
Paul Slaybaugh
Homesmart - Scottsdale, AZ
Scottsdale, AZ Real Estate

Katerina:  The difference between the scenarios you outline and the typical exclusive listing that I take aim at here is that it appears the pocket listings in your area are still largely available for cooperating agents to show.  They just don't appear in the MLS.  An exclusive here basically means "Agents stay away.  You will not be paid to bring me a buyer."  Heck, even many FSBOs will pay a buyer's agent to bring a buyer, but for an agent to stonewall the salesforce completely?  Nothing to call that practice but foolish. 

Quick followup to the post:  The agent has still not responded to several voicemails.

Jul 23, 2008 03:21 PM
Sandra Carlisle (Ayers)
Berkshire Hathaway California Properties - Newport Beach, CA
Real Estate Marketing & Sales

Your client can probably get a good deal on that home.  I would knock 10% or so off the "market value" and have your buyer pay you 3%.  Your buyer saves 7% and won't have any competition.  Exclusive or not, I would think the fiduciary duty to have all offers presented should be there.

Pitch it as "the buyer is paying his own agent" when you call.  Might work and I doubt other agents would try.  You may even end up with a listing when the seller realizes what an idiot their agent is.

Jul 23, 2008 03:31 PM
Paul Slaybaugh
Homesmart - Scottsdale, AZ
Scottsdale, AZ Real Estate

Sandra:  Not a bad play, but I can't even get inside to view the property at this point.  I'd be flying blind.  My buyer would be taking a huge leap of faith, and I'd be taking a gamble on comping it sight unseen.  Your logic is sound, but we need eyes on the property first.  If the lister won't return the calls of a fellow agent, however, I might just have to go undercover.

Jul 23, 2008 03:44 PM
Marlene Scheffer
Realty Station - Bremerton, WA
Realtor to Kitsap County, WA

Haha, Paul's going undercover.  Bet he goes as an elephant bird.......

(My first sorry attempt at minor hi-jacking)

Thanks for an excellent, insightful yet entertaining post!

Jul 23, 2008 04:08 PM
Paul Slaybaugh
Homesmart - Scottsdale, AZ
Scottsdale, AZ Real Estate
Marlene: an elephant bird? Is that like Snufalufagus? I'm cool with that, but it might freak the listing agent out a little bit. "So you're a muppet, you say? Um ... Are you prequalified?"
Jul 23, 2008 04:35 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

This is an example of doing what is best for the agent and not the client.

Jul 23, 2008 05:15 PM
Jason Crouch
Austin Texas Homes, LLC - Austin, TX
Broker - Austin Texas Real Estate (512-796-7653)

Paul - I am happy to see that your post clung tenaciously to the bottom of the AR homepage after the flurry of features occurred earlier. 

Jul 23, 2008 05:38 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

I haven't seen an exclusive listing in quite some time.  It doesn't seem to make sense in this market.

Jul 23, 2008 05:48 PM
Kathy Anderson
Arizona Luxury & Lifestyle Living - Cave Creek, AZ
Arizona Homes For Sale

We had one of these turkeys dodo's in our Surprise neighborhood for over a year.  HUH???  Go figure!

Jul 23, 2008 05:56 PM
Margaret Mitchell
Coldwell Banker Yorke Realty - York, ME
Seacoast Maine & NH Real Estate

I can't believe that the Seller fully understands the implications of this type of listing.

"Pocket Listings" of high end homes are not unusual in my coastal town but these are generally Sellers not actively looking to sell, merely willing to do so with the right price and terms.

Jul 23, 2008 11:57 PM
Adam Waldman
Westcott Group Real Estate Company - Hauppauge, NY
Realtor - Long Island

PAUL - These still exist around here as well.  I have never thought that they were a good idea, even in the best markets.  The only time that I've used the practice myself is if the listing is signed, and I'm waiting for the professional photographer to take the pictures.  This allows me to input the listing, and then clone it and add photos.  I have talked homeowners out of doing this before.  I told them that my job is to get as much exposure as possible, and not being on MLS is cutting out the majority of the exposure.

Jul 23, 2008 11:59 PM
Laurie Mindnich
Centennial, CO

Oh, heaven's, Paul- they're not "extinct". Their nesting place is right here on Long Island, and they enjoy the creature comforts offered by the Hamptons. Heck, signs even have "exclusive" riders on them when they're in the MLS. They've just decided to make their home here because they are in good company with the quiet support of the unethical agents. Hopefully, we'll get them to migrate to Siberia at some point (maybe they'll bring their agents with them), but for now...they're quite happy!

*with respect to "talking sellers out of it", I've never even spoken with a seller that has had a disclosure explained, much less comprehension of "exclusive listings"- they aren't well informed, because the exclusives don't like "noise".

Jul 24, 2008 01:50 AM
Deb Brooks
Brooks Prime Properties Wichita Falls Texas - Wichita Falls, TX

Paul, pity the fool. In Texas we all get "exclusive listings" but that simply means we will retain a cut of the compensation. All of our exclusives are posted as 50/50 split in our MLS unless, of course, the agent is a dummy. Or crooked or stupid...

They say you just can't fix stupid.

Later in the rain~Deb

Jul 24, 2008 02:34 AM
Sandy Shores FL Realtor®, Melbourne Real Estate
M & M Realty of Brevard Inc. - Melbourne, FL
Brevard County Real Estate, Florida's Space Coast

Hey Paul, Great post, very frustrating...and an impossible situation for that seller.  Never ceases to amaze me...the crazy things that people do in this business...the agent should know better in this highly competitive market we are in today!

Jul 24, 2008 03:12 AM
Kate Elim
Dockside Realty - Spotsylvania, VA
Realtor 540-226-1964, Selling Homes & Land a

Hi Paul...It seems that defeats the purpose of the MLS.  What's the sense of having it if you are going to keep pocket listings for yourself.  When enough people do it, it can create a very unfair situation for those that don't. 

I can never figure out how they convince the sellers it is in their best interest.  I don't want to.

Kate

Jul 24, 2008 01:56 PM
Christina Williams. REALTOR® TN property search & local insights
First Realty Company - Crossville, TN

Good Grief is right!  Amazing how greedy some agents are... Well...not really amazing! 

Jul 25, 2008 01:27 AM
Paul Slaybaugh
Homesmart - Scottsdale, AZ
Scottsdale, AZ Real Estate

Wayne:  That's my take as well.

Jason:  What can I say?  I'm a fighter, and so is my little blog that could.

Christine:  Nope.  Doesn't make any sense whatsoever.

Kathy:  It will stay on the market until the agent and/or the get tired of it, too.

Margaret:  Such pocket listings do crop up in our luxury markets, but this is not the case here.  Semi-distressed vacant property at a lower price point.  Not a "I will move for the right price" type of scenario.

Adam:  The delay that you mention serves the clients interests.  The full blown exclusive listing scenario doesn't serve anyone but the agent, at least in theory.  Even that is debatable as the possibility of an eventual sale is greatly diminished.

Options Realty:  Disgusting practices you outline there.  I'm all for shipping the agents involved to Siberia along with their exclusive listings. 

Deb:  You are referring to the "Exclusive Right to Sell."  That is how we list property as well.  That simply means that all transactions flow through the listing broker.  When someone throws an "exclusive" tag on a listing here, they aren't referring to the exclusive right to sell.  That rider means the property will not appear in the MLS, and there will be no cooperation with a buyer's agent. 

Sandy:  Some agents will still take any listing at any pricing and terms.  Either the agent simply displaying avarice, or the only way he could secure the business was at a cut-throat rate (thus not leaving enough margin to offer a co-broke).  Whatever the reason, it is foolish and nonbeneficial to either party.

Kate:  There was a dark age in our industry before the MLS where every brokerage house clung tightly to its own listings.  If we aren't careful, we may revisit that period at some point. 

Christina:  It would be bad enough if it were merely greed.  It's the stupidity that galls me.

 

Jul 25, 2008 01:53 AM
Kate Elim
Dockside Realty - Spotsylvania, VA
Realtor 540-226-1964, Selling Homes & Land a

Hi Paul...That's all it would take for me to hang up my license. 

I'm not the best driver when I'm in reverse and I'm sure not taking any chances going backwards in real estate.  I love going forward.

Given the Internet, I think that if anything, the  individual MLS may just be swallowed up by bigger and bigger ones until we just have one.  That seems to be the tendency in so many industries.

Hey Jesse, keep your eyes on those 27 listings.  As soon as they expire jump on them and talk sense into those Alaskans.

Kate

Jul 25, 2008 08:11 AM
Lori Stratford
John Hall & Associates - Scottsdale, AZ
PLLC GRI

I agree this isn't the market for pocket listings... that being said I will offer myself up for sacrifice here to consider another angle: many listing agents hope to re-start the DOM clock (as if we can't just check the archive / history) or the property needs to be off market so that the bank can refi... in the meantime, the property continues to be listed, but not in MLS. 

Are these justifiable reasons? Are there ANY?

Maybe I read the post incorrectly... so please don't shoot the messenger when you respond! :)

Lori

p.s. Sandra C. - I like the way you think!!!

Aug 26, 2008 12:59 PM