Investors United School of Real Estate Investing
Agents Online Real Estate Forums, Discussion, Realtors Marketing Tips

Follow AgentsOnline on Twitter

Click Here to display our logo on your site and link to us!
AgentsOnline Real Estate Discussion Forums Logo

Good Ideas
Free Marketing Kit



Point2 biggest sale of the year is on!



How To Advertise Here

Sponsors
More Good Ideas!
Get Listed In The Realtor Directory

Internet Marketing Tips for Realtors




Build your brand on a Real Estate Site


Facebook
Sponsors
Topic Options
Rate This Topic
#267951 - 01/07/09 07:16 AM NAR Code of ethics violation?
realestatemama Offline
Junior Member

Registered: 07/09/07
Posts: 5
Loc: USA
There is a fairly new Realtor in town that is doing things I question. I had a listing expire on the MLS and she immediately sent the sellers an e-mail requesting the listing. I have been corresponding with the sellers about reducing the price on the extension. Sellers told other agent they were corresponding with us and had extended the lisitng. The listing is active on the MLS. Realtor X sent a long e-mail saying why her company was so much better than ours and still asking for the listing. This just doesn't seem right to me. Any other thoughts.

Top
#267961 - 01/07/09 10:18 AM Re: NAR Code of ethics violation? [Re: realestatemama]
neudot Offline
Major Contributor

Registered: 11/02/07
Posts: 1960
Loc: Central New York
If a listing has expired, it's fair game for another agent to go after it, in my experience and opinion. It's up to you, the listing agent, to get that contract renewed before it expires. The sellers may decide to stick with you...or maybe not. That's their choice. In my opinion, once that listing has expired any other agent can make their pitch.

Top
#267966 - 01/07/09 12:59 PM Re: NAR Code of ethics violation? [Re: neudot]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 6199
Loc: Vermont's North-East Kingdom
"IF" it has been Extended, and this is now evident on the MLS; then there is a basis for a complaint.

We used to allow a week or so before going after someone else's expireds, allowing for time in the mail . . . . but that was just a Gentleman's Agreement. Technology has greatly lessened that buffer of tolerance.

If it is clearly showing as an Active Listing, then you can lodge a complaint with your Board that She is interferring with the Contractial Relationship you have with this Client. The key is don't let "Good" Listings Expire . . . . You Snooze, and you Lose!

Once you allow your Contracts to expire, the welcome mat is out there and any one of "us" might come calling. If my Sellers don't renew or extend, I warn them that The Sharks are in the Water ! And sure enough, right on cue, their phone would start ringing. And Sellers like to have Go-Getters working for them . . . . so be ahead of their game.

Sometimes people get into the habit of calling Expireds prematurely early on in their careers; and develop reputations that later cause great damage to their ability to cooperate with their Peers . . . . and in this business, that Cooperation is Very Precious.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

Top
#267984 - 01/07/09 04:05 PM Re: NAR Code of ethics violation? [Re: Vermont]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 1784
Loc: Outer Banks
If she solicited your sellers while you had an active listing you can file a complaint with the MLS. You will have to study the code of ethics so that you can use the exact sections that pertain to the situation. If you don't fill out the forms correctly the whole thing is dropped.

Then you have to get your sellers to testify and there will be a hearing. You can expect to devote 2 or 3 days to this endeavor which will conclude with the scofflaw getting a slap on the wrist.

You will walk away realizing you just wasted a lot of time that could have been used for constructive purposes. Move on.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

Top
#267987 - 01/07/09 05:05 PM Re: NAR Code of ethics violation? [Re: Bigtoe]
realestatemama Offline
Junior Member

Registered: 07/09/07
Posts: 5
Loc: USA
Thanks for the input. I agree with everything said. I just needed to vent last night. It is probably not worth the time and effort to deal with a complaint.

Top
#267999 - 01/07/09 05:38 PM Re: NAR Code of ethics violation? [Re: realestatemama]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 6199
Loc: Vermont's North-East Kingdom
Originally Posted By: realestatemama
Thanks for the input. I agree with everything said. I just needed to vent last night. It is probably not worth the time and effort to deal with a complaint.
In general I agree; but too often people ignore these little things and they get out of hand. Check with your Broker; but what I would suggest without making such a "to-do" about it, is to just have the Seller send a friendly email reply back to the Young Upstart Agent saying that they are happy with your services and that they also understand that her contacting them (the Seller) is a Violation of the Code of Ethics.

Then that New Agent can spend a little time learning about the Code of Ethics and "Waiting for the Other Shoe to Drop". You and I know it never will . . . . but they don't!

This is provided, of course, that you have a very good rapport with your Seller Client ! It sounds like you do.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

Top
#268022 - 01/07/09 09:05 PM Re: NAR Code of ethics violation? [Re: Vermont]
RC21 Offline
Member

Registered: 12/17/08
Posts: 84
Loc: Kitchener, Waterloo, and Cambr...
Do the American listings not have a "do not contact" portion on their contracts for expired listings? In Canada, there is a portion on our contracts that we must check stating whether or not the seller wants to be contacted after the listing expires. If they are "do not contact", we can be punished for violating this.

Top
#268027 - 01/07/09 09:26 PM Re: NAR Code of ethics violation? [Re: RC21]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 6199
Loc: Vermont's North-East Kingdom
Unlike Canadians, most of us in America are allowed to speak with whomever we please. Such a rule wouldn't be tolerated very long here because we have become so accustomed to the Freedom of Speech provided to us by our 1st Amendment.

Of course, our "Do Not Call" list certainly brings into question the extent to which our Government can now curtail that Freedom of Speech.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

Top
#268031 - 01/07/09 09:54 PM Re: NAR Code of ethics violation? [Re: RC21]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2784
Loc: CO
Quote:
If they are "do not contact", we can be punished for violating this.


Obviously only the listing agent/broker would know about the "do not contact" request in the listing contract, unless it's shown in the MLS.
Is the request checked off when the listing expires, or at initial listing signing?
Who will do the punishing, and what kind of punishment will be dished out?

Top
#268645 - 01/11/09 09:54 PM Re: NAR Code of ethics violation? [Re: pikes peak]
RC21 Offline
Member

Registered: 12/17/08
Posts: 84
Loc: Kitchener, Waterloo, and Cambr...
we have freedom of speech in Canada too... but we also have privacy laws to protect the citizens from harrasment and advertising at home.
We have a national do not call list- you cannot call anybody on this list. This is through our government.
When we take the listings they check off whether the client wishes to be contacted after expiry or not. If they check no, we cannot call them. The punishments are dished out through our licensing agency under the Real Estate and Business Brokers Act. I'm not sure what the punishment would be- but I would imagine we could possibly lose our licensing and receive a fine.

Top
#268764 - 01/12/09 05:04 PM Re: NAR Code of ethics violation? [Re: RC21]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2784
Loc: CO
Quote:
When we take the listings they check off whether the client wishes to be contacted after expiry or not. If they check no, we cannot call them. The punishments are dished out through our licensing agency under the Real Estate and Business Brokers Act. I'm not sure what the punishment would be- but I would imagine we could possibly lose our licensing and receive a fine.


THANKS!

Top
#268928 - 01/13/09 03:29 PM Re: NAR Code of ethics violation? [Re: RC21]
REODayton Offline
Major Contributor

Registered: 07/27/06
Posts: 3720
Loc: Dayton Ohio
Originally Posted By: RC21
we have freedom of speech in Canada too... but we also have privacy laws to protect the citizens from harrasment and advertising at home.
We have a national do not call list- you cannot call anybody on this list. This is through our government.
When we take the listings they check off whether the client wishes to be contacted after expiry or not. If they check no, we cannot call them. The punishments are dished out through our licensing agency under the Real Estate and Business Brokers Act. I'm not sure what the punishment would be- but I would imagine we could possibly lose our licensing and receive a fine.


Interesting. No such thing here (my area) for expired contracts. I can see where that would save the consumer alot of aggrevation though. Is there a time frame in which an agent can legally contact the expired listing (3 months, 6 months, etc. )?

Top
#268990 - 01/13/09 07:49 PM Re: NAR Code of ethics violation? [Re: REODayton]
RC21 Offline
Member

Registered: 12/17/08
Posts: 84
Loc: Kitchener, Waterloo, and Cambr...
It doesn't specify on the form a time frame- it only says:

"In the event that this Agreement expires or is cancelled or otherwise terminated and the Property is not purchased, the Seller, by initialling:
Does (check box) OR Does Not (check box)
consent to allow other real estate board members to contact the Seller after expiration or other termination of this Agreement to discuss listing or otherwise marketing the Property."

It is useful, and protects the client, and us. It's a relatively new legislation, but I know that Sellers used to get many annoying calls after expiry trying to solicit them and they do not get these now.

I think there is a difference from "freedom of speech" and solicitation. You are allowed to say whatever you want, but you are not allowed to harrass or solicit people without their permission. This is a protection for people that surpass the freedom of speech. It's the "freedom from" as opposed to "freedom to". You are free to speak, but each person also has the freedom from being harrassed.

Top






Google Custom Forum Search

This Google Custom search may do a better job of searching the forums for some keywords than the old forum search does. The results do not include threads from the Asset Managers Forum however. To search that forum you will need to be actually in the Asset Managers Forum and you will need to use the old forum search below.
Search

Good Ideas!


build your brand and help your SEO for Realtors




How To Advertise Here

Sponsors

Newest Members
wrybread, bcdefg830509, Blessed, Valerie H, Garry
25889 Registered Users
Who's Online
4 registered (wrybread, TriangleNCBroker, bluebird, 1 invisible), 147 Guests and 1 Spider online.
Key: Admin, Global Mod, Mod
Shout Box

Top Posters (30 Days)
David Hunter 51
Cyrille 30
75Corvette 30
Eric G. 29
Vermont 24
BrianMI 23
gitmonee 23
12 step 4 BPOs? 21
OttawaRealEstate 18
HChomat 16
lucky 15
Tex 13
WickedPissah 12
TriangleNCBroker 10
St8line 10
(Views)Popular Topics
I MAKE 100 COLD CALLS EVERY DAY & LOVE IT! 10273104
No new orders today 9818556
Stupid MLS comments. 1996453
What do you know about Froy Candelario, top agent in USA 660168
Stupid QC comments and BPO requirements. 625712
New HUD Listing Brokers---Any Update? 597269
Is there religious content in Buffini class? 473295
EML 459213
Pay it Forward - BPO/REO Tips & Tricks I & II 377305
Let's talk about our cars 372091
Most common items found at an REO 308415
Evalonline 300062
Land America 285038
REOTRANS 263128
Mainstreet 261843
asset val seminar in colorado 241757
Name that Flick. Great movie Lines. 239980
FARVV 177358
HOMONYMS - There, Their, and They're 156788
USRES / RES.NET 147770
Featured Member
Registered: 09/16/05
Posts: 1077

How To Advertise Here


This site presented by RNC Internet Services