has anyone considered asking permission to show expired listings to clients?
We do that. Often, Expired Sellers will say
"Well, if you have someone that's interested, you can show it."I usually say, "We can't present it IF it is not listed".
Then they say they'll
"be happy to Give us a One Day Listing to cover you." That's certainly NOT what I want; but my foot is in the door now.
I ask if I can use the Expired Fact Sheet as a basis for presenting the Property, and have them "initial" a copy indicating that it is still correct.
Then I go on to tell them that I'll probably be representing the Buyer, as my Client and will anticipate that I'll will write up any Offer so that I am paid out of the Proceeds of the Transaction, and I have them sign our Standard Agency Disclosure (just like for Customers) having them acknowledge that
I WILL NOT BE REPRESENTING THEM. Then suddenly, all they want to know is WHEN I will be showing it ? . . . . as if I have Buyers on a leash.
This is pretty simple when you're dealing only with the Expired Listings of Other Agencies.
But it gets a little dicey when it's your own Expired Client. Technically, some of your Fiduciary Responsibilities to that Seller Client (like Care, Obedience, Accounting, Loyalty and (Non-)Disclosure),
even after the Listing Expired, continue on into perpetuity. So some Authorities (including some Attorneys) would challenge the Ethics and/or Legality of the same Agency now taking a position in opposition to the Former Client by representing a new Buyer Client in a Transaction.
I haven't seen this matter (of Conflicting or Overlapping Fiduciaries) discussed here; and it may deserve its own Thread. I just know
I have felt very uncomfortable, when a former Listing of mine, and one where I possess substantial "Confidential Information" about the Seller, is now listed by another Agency and I am presenting the Property to a Customer (or worse, a Buyer Client). It's a matter to be resolved in the Courts (hopefully without my involvement) But, in the meantime,
I can't nickel and dime myself out of business ! You simply can't always take the completely safe route without being crippled in your activities.