Special offer

To complain or not to complain that is the question

By
Real Estate Agent with Legend Realty

I recently lost a listing of a very good client and friend. It is my understanding from the email I received from my sellers that this agent solicited the listing during the listing period. And I can actually prove several of the facts. Such as an email from my seller stating that they would be lying if they said they had not been approached by another agent and guess what else the following day upon checking the lockbox I noticed this agent had indeed been in the home. My question is this, is it productive and a waste of time to complain on this unethical agent? I lost the listing about a month ago and recently found out that the agent with the listing across the street also just withdrew their listing that was also solicited by this agent. I think this unethical and unscrupulous SOB needs to be stopped but is it worth the time and effort to fight with him/her? Should I just sit back and hope he will be sued for misrepresenting SQFT and material facts. Now karma is a funny thing because my husband who is also an agent recently placed a renter in one of this SOBs listings. We recently received several emails from the tenant (who is a major executive here in town) it was drafted to the agent in question and slammed him and his business practices or lack thereof. You dont know how bad I wanted to post her letter on YouTube. What is an agent to do??

 

Comments(12)

Hope Goss
Ventura Property Shoppe - Ventura, CA
Ventura Real Estate

I would make the complaint - probably to the local board.  There may be other complaints, maybe not.  Either way, you hope that by speaking up, you can avoid another agent being stepped on in the same way.  Good luck to you.

Aug 22, 2008 03:43 AM
Melina Tomson
Tomson Burnham, llc Licensed in the State of Oregon - Salem, OR
Principal Broker/Owner, M.S.

This is against Oregon law so it would be a no brainer.  File the complaint. Either you want to make the practice of real estate better. If you fail to file a complaint with your board, then you have nothing to complain about since you are allowing it to occur. 

Aug 22, 2008 03:45 AM
COMPASS PALM SPRINGS | Stewart Penn
COMPASS - Palm Springs, CA
COMPASS Palm Springs - Broker Associate

Jennifer - have you approached this agent to discuss her unethical conduct?

Aug 22, 2008 03:52 AM
Jennifer Harris
Legend Realty - Huntsville, AL

Stewart-No, unfortunately I have not made an attempt to speak with them. I was more hoping for the sky to fall on them. Of course, I'm kidding. I actually thought by now I would be over it but I still find myself having evil thoughts. :-)

Aug 22, 2008 04:03 AM
Paul S. Henderson, REALTORĀ®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Jennifer, I believe we can't turn on and off the ethics light when ever we feel like it. Either we be diligent, and report the wrongs, or we manifest more of this behavior.

I had this happen to me once and I had all the evidence, my broker let me down. I vowed then not to have it happen to me again...

Aug 22, 2008 04:05 AM
COMPASS PALM SPRINGS | Stewart Penn
COMPASS - Palm Springs, CA
COMPASS Palm Springs - Broker Associate

I would approach the agent AND report the unethical conduct, as Paul suggests. Silence is equivalent to condoning that unacceptable behaviour.

Aug 22, 2008 04:13 AM
Charlene Sandoval
Keller williams West sound - Gig Harbor, WA
Relocation and Real Estate Gig Harbor Washington

I would file the compliant, I agree those of us that call ourselves professionals need to stand up for the ethics on a regular basis .

I try to practicee fighting the battles I can win, but in this case at a minimum the board would be aware of the agent's behavior if there are other complaints out there, and perhaps there are. Its very likely if this individual has been in the business a while . People who work like that have always been that way. There are a few agent in our MLS that are habitually unethical, and they started getting their hands slapped a couple years ago, now they are fined heavily on a consistent basis. I don't know about other MLS boards , but our publishes warnings and fines on the website so everyone knows who the problem children are.

Aug 22, 2008 04:20 AM
Jennifer Harris
Legend Realty - Huntsville, AL

You are absolutely correct I feel at fault to some degree for what happened to the other agent. I think had I reported the incident immediately my friend may not have lost the listing across the street.

Aug 22, 2008 04:20 AM
Anna Little
Greater Atlantic Shores Properties at Atlantic Shores Cooperative - Virginia Beach, VA

It is easy to say "make the complaint" but no so easy to do!  There is nothing wrong with making it, it is the only way to regulate what realtors are doing.  There was a good quote in a blog the other day "Goodwill is earned by many acts and lost by one"  something like that...the other realtor will loose any respect that others have for her as the word gets out.

 

Aug 22, 2008 04:21 AM
Sheila Reeves
Allen Tate Realtors - Greenville, SC

That is against ethics rules most places.  But, to move and be more productive, you must find a way to get beyond it.  Otherwise, you are allowing her to have control of your emotions.  You're upset so you don't perform as well.  Write a complaint to the Board, detailing what happened, then MOVE ON.  Or write her a letter like you would like to write, but do not mail it.  Or write her a letter outlining the steps you will take should she ever solicit one of your listings again, then do it if it happens.  This way, you have gotten rid of the anger you have inside over the issue and have a plan to deal with it.

On future listings, I would forewarn the sellers that one agent in particular will most likely contact them, in violation of ethics laws, and try to solicit their business.  You don't even have to use her name.  Just tell them if it happens, you need to know about it as this behavior is against all ethical principles in real estate. 

Hope this helps.

Aug 22, 2008 04:22 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Jennifer, I think I would speak to the owner or managing broker of this agents office and suggest if these practices don't stop very soon there will be a law suit and you are giving the persona in charge a courtesy of a heads up. Let the employing broker deal with it -if nothing happens then you can always tell the ethics board of the warning later. Which will make you appear to be giving the powers that be the option to correct prior to a legal issue. Steve

Aug 22, 2008 04:28 AM
Patty Carroll
Vancouver, WA

We think that if all of us took the time and reported unethical behavior to our boards it would weed out the bad agents that give us all a bad name. Why have rules if nobody will report offenders or there is no consequences. We think that your broker is wrong on this one.

Aug 22, 2008 05:21 AM