This is a true story. As indicated in my earlier post (http://www.agentsonline.net/forum/ultimatebb.php/topic/3/692.html), I'm a seller and am having some problems with my flat fee MLS listing. I figured that I needed to hire a full-service realtor because whatever I was doing on my own wasn't working. I pulled the listing last week from the discount broker and setup interviews with 4 local area realtors.

Realtor #1: Nice lady, approx 10 yrs experience. From a major name agency in the area.
Realtor #2: Older gentleman. 2nd career. Approx 3 years experience. Small name agency.
Realtor #3: Experienced female, 15 yrs experience, friendly attitude. Big name agency.

After interviewing them all, we decided upon Realtor #3. A few hours after we signed the paperwork, Realtor #3 uploads all our info onto the MLS. I get an email from Realtor #1 asking if this is my listing. I politely thanked her for her time, and let her know that I was planning on calling her that night to let her know that we chose someone else. But I didn't realize the listing would be up the same day we signed the paperwork.

Now Realtor #1 is obviously upset that she didn't get the listing. She sends a copy of the email that I sent her telling her that we selected someone else to her boyfriend. Her boyfriend comments that it sounds like I was very frugal, and would have been a difficult person to satisfy. This email was obviously intended to her, and was somewhat of a consolation for her to keep her chin up.

Instead of sending the email to his girlfriend (Realtor #1), he sends the email to ME by mistake.

Did Realtor #1 violate the NAR code of ethics by sending my email communications with her to her boyfriend? Keep in mind that we did not have a signed agreement with Realtor #1, but we had some candid discussions of our finances and motivations to sell. Isn't she supposed to keep this stuff confidential?

I can not see how it would be a violation to forward to a friend someone's e-mail that says they chose not to do business with you.

Not really the COE. However they may have violated the letter of the law. For they sent out a private communication to someone that it was not intended.

On a side note if you are correct in what you are saying then you just validated your choose in agents was correct. For

A few hours after we signed the paperwork, Realtor #3 uploads all our info onto the MLS.
That shows Realtor #3 is fast and on the ball so to speak
I get an email from Realtor #1 asking if this is my listing.
Well that is something he would have known. For if its in MLS then he whould know if he did the paperwork. Seems to me that he is a little to much whisky if you know what I mean

There was a violation upon further thought but not on forwarding the email. She violated the code and maybe state law depending where you are by contacting you after she knew that your property was being marketed by another agent. That could be construed as crossing a sign and a very bad thing to do.

There was no COE violation.

The agent was not soliciting the seller she was just making sure if the listing belonged to the potential client. I think the point was had the potential client already signed a listing agreement and just not told the agent at the time of the listing presentation. I have seen sellers do this cause they just do not want to call and cancel the meeting cause they do not handle confrontation well.

Once that was verified the agent had no additional contact with the seller.

The seller then chose to send an email explaining her financial reasons for not choosing her when a simple yes we went with another agent would have sufficed. This reply email was not covered under any confidentiality requirement as the seller had already entered into an agency relationship with another agent.

No violation at all.

Realtor #1 isn't the sharpest tool in the shed.

1. Didn't know the address of the place where she just completed a listing presentation

2. Boyfriend doesn't know email basics.

No COE violation though.

sgopal, Did Realtor #1 violate the NAR code of ethics? What do you think and why?.
http://www.realtor.org/mempolweb.nsf/pages/Code?OpenDocument

Standard of Practice 16-13

All dealings concerning property exclusively listed, or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client’s representative or broker, and not with the client, except with the consent of the client’s representative or broker or except where such dealings are initiated by the client.

Something tells me that the initiation of contact was when the seller interviewed the agent. In addition, the nature of the email indicates that the agent was not sure if the seller in question already had their home listed or not.

Is one of those ify things. On one hand an agent has the right to contact a potential client. And there was contact going back and fourth. On the other the agent say it was in the MLS. So the agent should have known that their was a agency relationship forms. On the other the seller orignally contacted him. By the last the agents has the right now to respond. However by asking if its his listing well that just shows that this agent has had a few to much if you know what I mean. For you would think that an agent knows if he/she signed any paperwork.

If you go by strict letter of the law and strict interpretation of the Code of Ethics there MAY have been both a Code violation and a violation of state license law (depending on what state you're in).

Whether or not there is a violation(s) would be for a Grievance Committee at the local board level and/or your state's real estate governing body to determine after conducting an investigation.

Duties of confidentiality apply during and following professional relationships in my state.

Having said all this it would be up to you to actually file the complaints and it takes more than a phone call to initiate them.

You have to get the proper forms from the appropriate body, fill them out, write a summary of your take of the events that caused the alleged violation.

The other party, Realtor #1 in this case, would receive a copy of your complaint, be allowed to respond with her side of the story, and then a determination would be made whether to forward the complaint up to a Professional Standards Committee for a hearing and/or the appropriate state agency could schedule a hearing.

Frankly I don't see either a state licensing agency or the local Association of Realtors getting too worked up about your complaint unless you could demonstrate some tangible way in which you suffered damages as a result.

This whole episode sounds more like poor e mailing skills than the start of any sort of conspiracy.

What would you like to happen???