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The pre-written price reduction – I think you just crossed the ethics line

By
Real Estate Agent with eXp Realty LLC 200311024

Photo Courtesy of davidbiaseNow, let me say this before you get to mad. I've done many pre-written price reductions, especially when it comes to short sales. But, where do the actions of the agent and having a pre-written price reduction cross over in to an ethics violation?

Today, I have to say I think one agent I have been trying to work with took the pre-written price reduction and posted it despite his clients' best interest. Why do I say this, especially when it really does benefit my buyer that is interested in this property?

You see, today I noticed on the MLS that the house (Business) has had a price reduction of almost $30,000. When I called the agent about it, he said that they had a pre-written price reduction on the property for today and another one in 21 days.

WHAT? Did you just tell me that? I'm thinking I should have my clients wait another 21 days now knowing it will lower another $30,000. But, didn't this agent do another ethics violation by even doing a price reduction when they know we have an offer written on a non short sale property that is pending the financials of the foster facility?

My clients have said they would go as long as the financials (that the agent has said, everyday, that he will send over when he gets back to the office... and then, everyday, it doesn't show up in my inbox) come back equal to what was said. If the clients tax forms match the verbal of what the business makes my clients were and are prepared to write a full price offer on the property.

We already have the offer written, pending getting the paperwork, and have even forwarded it to the other agent. Yet, we have never heard back from him or his client and then we see a price reduction? At what point does it become an ethics violation? I think the moment the offer wasn't presented to the client or was it the moment the agent didn't produce the taxes that he already had in hand?

UPDATE: Late last night we withdrew our offer pending the price reduction that the other agent told us was coming and receiving the paperwork from the seller.

 

Comments(56)

Terrylynn Fisher
Dudum Real Estate Group - BuyStageSell.com - Walnut Creek, CA
HAFA Certified, EcoBroker, CRS, CSP Realtor, Etc.

These markets bring up all sorts of shades of grey don't they?  Seems like a violation to me.  Short sale agents seem to be less versed in listing etiquite and often just trying to make the bank happy.  My experience has been they like to sell it themselves and often ignore offers that have been presented to give them more time to get buyers themselves.  Hard to prove as they are good at documenting, but I've experienced it.  Good luck with that one, hopefully another will come up with an ethical and fair minded peer.  Good luck to you.

Dec 26, 2008 06:48 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

the pre-written reduction is not an ethics violation (as you well know)... the violation came in divulging that information to you and other buyers.

Dec 27, 2008 01:34 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Barbara - I couldn't to the listing agent either...But, I sure could to my buyer!

Jon - It was pretty stupid on this agents part and now they have nothing until the next reduction and possibly $28,000 less to show for it.

Amy - I think I know what the sellers lawyer will be thinking if this seller hears about this.

Laura - That is what I felt about it, now is it a violation on my part to us that information?

June - That is the only time I use them also, when I have told the client that it is priced too high to begin with. I think this agent may have broken that thin ice and he better hope someone has a rope.

Dec 27, 2008 06:04 AM
Charlene Blevins
Charlene Blevins Real Estate - Marion, NC
GRI, SFR

todd, not only is is not an ethics violation for you to used the information about the fortcoming price reduction, it would be a violation if you didn't disclose that info to your buyers!

Dec 27, 2008 06:16 AM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO
SelectAnn.com

Todd,

This sounds like a violation.  How can this be in the best interest of the client?  Did the seller authorize the agent to disclose the terms of the listing agreement?????
YIKES!

Ann 

Dec 27, 2008 06:27 AM
Virginia Hepp - Mesquite NV REALTOR
Desert Gold Realty - Mesquite NV Homes For Sale - Mesquite, NV
Mesquite NV Homes and Neighborhoods - Search MLS

Hi Todd, yep, sounds like a serious ethics violation.  What a knucklehead!

Dec 27, 2008 09:00 AM
Jenny Durling
L.A. Property Solutions - Los Angeles, CA
For Los Angeles real estate help 213-215-4758

Wow!  I'd say the listing agent blew it and your clients have a smart agent working for them.  I would have recommended withdrawing the offer as well.  Good job!

Dec 27, 2008 11:32 AM
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

Gosh, Todd!  This is wrong on so many levels!  The only explanations I can think of are: either this guy is a robot who is reciting "I must reduce on this date, I must reduce on this date.." or he has an opportunity to double-end it with a firend who can't pay what your client can.  Sure, the commission would be on a smaller figure, but if he has both sides of the deal he still makes more.  Either way, he has totally and completely discarded all concern for his clients.  Maybe he's just an itidiot.  Either way, looks like your client may get a bargain (if the other agent ever gets himself in gear and gets the paperwork in).

Dec 27, 2008 05:21 PM
Tina Merritt
Nest Realty - Blacksburg, VA
Virginia Real Estate

Unless the seller's agent has written permission from the seller's to divulge the existence of the pre-written price reductions to interested parties, he is definitely in violation.  How sad!

Tina in Virginia

Dec 28, 2008 12:49 AM
Kim Hamblin
Bella Casa Real Estate Group - McMinnville, OR

Thta's crazy!  Are your clients going to make another offer? 

I would report him after it's all said and done to his supervisor.  It's shocking that he is so negligent, you'd think he's want to speed it along and get a deal going already.  Strange.

 

Dec 28, 2008 03:25 AM
Anonymous
Anonymous

Todd- like you said, there is a big difference between short sale pre written price reductions and non short sales. We have all our short sale sellers sign permission to reduce the price every set period of time, that is in their best interest because we are trying to save them from a foreclosure.

It is a totally different ball game when you get a prewritten price reduction from a non short sale seller. You are not supposed to disclose the nature of that price reduction to a buyer if that is not in the best interest of the seller and if the seller has not given you permission to tell potential buyers that he is reducing his price!

 

Dec 28, 2008 05:03 AM
#46
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

ooops, That was me, I clicked on the link from the AR newsletter and it looked like I was logged in, apparently not.

Dec 28, 2008 05:05 AM
Kenneth Fisher
Cape Fear Real Estate Solutions, LLC - Wilmington, NC
BeachTownBrokers.com, Remax Essential - Wilmington, NC

Shouldn't the pre-written price reduction be between the listing agent and the seller.  At the time stated, we get together and make the change? If we have an offer, obviously we don;t make the change? And the agent should not disclose the existence of a future reduction, unless the seller authorizes such disclosure.

Dec 28, 2008 05:20 AM
Thomas McCombs
Century 21 HomeStar - Akron, OH

Patrick Boyle wrote: Todd, it's just a reverse auction. . .  Your client can sit and wait, but another offer may come in while you do. What will be your story to your client when they were willing to offer full price, but another bought it for less? 

My response: I do not see anything automatically wrong with announcing that a price reduction is forthcoming, as long as the seller agrees to it. It can be a powerful incentive for a buyer to make an offer now before another buyer appears. It is a legitimate sales tool, and those who automatically jump the  conclusion that this is an ethics violation without knowing all the details might want to rethink their positions. 

 

Dec 28, 2008 09:13 AM
Charlene Blevins
Charlene Blevins Real Estate - Marion, NC
GRI, SFR

thomas, I agree that the jury's out on the ethics issue until all the facts are in. But how can you think it's serving your clients by telling potential buyers, yeah, it's $300k right now, but wait a couple of weeks and it'll be $$250k. that makes no sense. Under no circumstance. Announcing a forthcoming price reduction only delays offers. Forthcoming price reductions are not powerful sales tools, they are realities that discount the value of your property. Please tell me if you think I'm wrong and if so, why and how it's a sales tool.

Dec 28, 2008 10:23 AM
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
850-476-4494 - Pensacola, Pace or Gulf Breeze, Fl.

Hey Give the Realtors guns at closing and pay no commission because they will no doubt shoot each other.

Dec 28, 2008 05:15 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

I do not think you have crossed any ethic line.  If you feel that way which article and standard of practice are you talking about?

Dec 29, 2008 02:02 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I think the moment the offer wasn't presented to the client

Hmmm you submitted an offer to the agent that has not be presented to the sellers sounds like a law violation in my state.  All offer must be presented.

And unless you have the sellers written permission to advertising a future price reduction (which makes no sense to me at all) then in Georgia you can not do that either.

Sounds like they need a new listing agent as the sellers interests are not be properly cared for.  I hope your clients get a great deal.

Dec 29, 2008 02:36 AM
Carolyn E. Durkin
William Raveis Real Estate - Scituate, MA
Realtor - CBR - Scituate, MA Real Estate

I have actually seen the following posted in the property description on MLS:  "The property will have a price reduction of $5,000.00 every week until it is sold".  (???!!!)  Million-dollar property, too.  I'd like to think they had the owner's permission.  Possibly a marketing strategy...  Wish I had followed it to see what happened - know it did not sell immediately ;) 

Hope all works out well for your buyer and he thanks you for the savings!

Dec 29, 2008 05:46 AM
Thomas McCombs
Century 21 HomeStar - Akron, OH

Charlene posted: . . . Forthcoming price reductions are not powerful sales tools, they are realities that discount the value of your property. Please tell me if you think I'm wrong and if so, why and how it's a sales tool.

 My response: In this market everyone understands that price reductions are a way of life. If the property does not go under contract the price will normally be reduced. So everyone can wait for that reduction and take a chance on losing it or go ahead and make the offer now. Price reductions do not discount value -- they just recognize it. So WITH THE SELLER'S PERMISSION it could well be useful to mention a possible upcoming reduction. The idea is to attract attention to the listing and to create a "fear of loss" in the buyer. As you will remember from your negotiating classes, the fear of loss is a powerful incentive to bid NOW -- before someone else beats you to it.

Dec 29, 2008 10:07 AM