All the time I have people call me that want info on a house. I will ask them if they have a buyers agency agreement and the answer is often yes. Or they have an agent they are working with but they have no agreement. How or what do you tell them besides "you need to ask your agent". Plus do you tell the other agent if you hear from them that their buyers contacted you? I dont want to sound snotty on the phone but if someone is working with an agent then thats who they need to go through.

If they say they are working with another agent tell them that they have to work with their agent.

I will let the other agent know that their client called me. If the buyer needs to look and their agent is out of town or what not, I try to assist the buyer as much as I can. If I talk to the other agent and Im comfortable that they are unavailable I will show the house to their client without penalty. I won't write the contract, I make them wait for their agent to do that.

Scripts...

"Really, who are you working with."

a. uhhhh (they are just trying to blow you off, get them into the office)

b. Susy Smith at XYZ Realty

Share facts and information and let them know that their agent should contact you to arrange a showing.

I've been selling RE long before buyer broker agreements ever existed... Back in the good ol days, if you had procurring cause, you earned the commission. Times have changed. Today, (at least in CA), you better have a signed buyer agreement or have an offer written with a buyer that has NOT signed an agreement with another broker, because procurring cause does NOT exist here anymore.

I have discovered that most buyers don't have a clue what a buyer brokers agreement is! I NEVER ask a buyer if they have signed one when I first make contact with them. Develope some repore on the phone (or at the open house, if that's where you first meet). Get the buyer to understand that you know your business and you know the area they are interested in (and you better know it). Get them to like you. THEN POP THE BIG QUESTION... ARE YOU WORKING WITH A REALTOR YET??? If they really did sign a Buyer's agreement, they will tell you, but if they didn't sign one, and IF they like you, they will most likely be honest and say no! If you ask them this question right up front, before building some repore, you just gave them an out to lie... it is human nature to want to run from sales people unless you give them enough reason to trust you and want to work with you! You need to build confidence first, then inquire about their agency committment. After all, if they are already signed up with someone, you only lost about 5 minutes of chat time... not a big deal, especially if they were inquiring about one of your own listings. Maybe their realtor will now show them your listing after the buyer saw it or talked to you about it! (Just a little old time advice in todays new, wicked world of RE ;)!

I've put hundreds of buyers into homes and have never had a buyer sign a buyers agreement. If somebody calls to see one of our listings I always ask if they are working with another agent, if the answer is "yes I am", I'm usually pretty blunt and tell them that they need to have their agent show them the property, because I don't want to step on their agents toes and do their job for them. So essentially, I make it sound like I don't want to try and steal them away, but at the same time, showing them homes is their agents job, not mine.

If they say "No I'm not", I get them with a lender and in the back seat of my car as soon as possible. Though there has been a couple of times where I wish that I did have a singed agreement, my old school ways have worked out pretty good for me.

Tell it like it is in your jurisdiction. Locally we must disclose that as agents, we are required by law to make written disclosure to them at the earliest practicable opportunity of the various agency representation options available and allow them to make an informed decision as to the type of agency relationship they may wish to enter.

Currently we have.......
seller's representation, a fiduciary relationship
buyer's representation, a fiduciary relationship
customer's service agreement ( which acknowledges that there is no representation or fiduciary obligation) and
multiple representation (formerly consentual dual agency and with no fiduciary obligations)

Further, if they are enquiring about one of the firms listings, the agent is required to explain to them that the agent is acting on behalf of the seller who is their client, and if they are unrepresented, they have a choice of entering into a Customer Service Agreement or a Buyer's Broker Agreement and it may be possible with the express consent of all parties to assist all of the parties with the transaction. (multiple representation / duel agency agreement - with no fiduciary obligations) to purchase one of our listings.

Hey, who said this real estate profession was going to be easy, anyway?.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .