Does an agent have the right to contact a seller directly, who's house is listed with another firm, to market their buyer agency services to them ?

Somewhere in the Code of Ethics it is stated that you can contact a client of another Realtor to offer another service. You can find the exact statement at Realtor.org

would you consider it unethical if another agent contacted your seller to promote their buyer agent services? if you have no buyer agency agreement, why should that seller be off limits to all other agents? perhaps you are a lousy agent and someone else is a superior agent that the seller may want to know about.

just asking.

Off limits. And skeezy.

Absolutely not. You can't do that, it is clearly interfering with agency. Buyer agency is not "another service". The listing agent always offers buyers agency and/or buyer referral service to their client. Any agent that pulls something like that on one of my listings will receive a personal visit, as will their broker. Agents need to generate their own business, not attempt to feed on the business generated by other agents.

wait a minute. why can't someone do that? how is this interfering with the existing seller agency relationship? as a listing broker you are not automatically someones "buyers agent". why shouldn't the seller have a choice who they use?

this is for discussion and i am not promoting it... but... as far as i can tell there is nothing in the rules and regs of real estate law that says this can't be done.

That would be a no-no here. From our code of ethics:

Dealings with other registrants

7. (1)
A registrant who knows or ought to know that a person is a client of another registrant shall communicate information to the person for the purpose of a trade in real estate only through the other registrant, unless the other registrant has consented in writing. O. Reg. 580/05, s. 7 (1).

PA Roadkill is correct, according to the Realtor COE, it would appear to be Ok for a buyer agent to solicit a client of a listing agent for the pupose of buyer representation. It is a "different type of real estate service".

"Article 16 does not preclude REALTORS® from contacting the client of another broker for the purpose of offering to provide, or entering into a contract to provide, a different type of real estate service unrelated to the type of service currently being provided..."

Now, if the seller also contracted with the listing agent for buyer agency services, then it would be off limits.

i don't think that applies in this instance.

let me give you a scenario to mull on: someone is selling a house and also wants to buy a house. there is a buyers agent that will rebate back 75% of their commission to me if I use them.

you are saying that they can not know about this buyers agent because they can't contact the seller.

does that make any sense from the sellers perspective and do you think they have any idea that you claim to "own" them. ?

tempe posted just before me so i didn't see his response. yes... that makes sense.

how can there be such differing views among agents who are supposedly professionals licensed to practice real estate ???

Seems like you contradict yourself.

I believe that it certainly does apply. When you are contacting them to be their buyer agent you are obviously doing so "for the purpose of a trade in real estate".

I send out to commercial expired's all the time. Even if they re-list with that broker they call me and use me to purchase things sometimes. Sometimes when they re-list they terminate after talking with me and list with me.I don't direct them to terminate but after they talk with me and ask about my marketing they want to switch.

I have a disclaimer in mice type on all my fliers that says.

"This flier is not intended to solicit properties currently listed for sale by another brokerage."

Sellers are free to choose who they want to buy things through.People buy and sell through me not because I give a rebate( I don't do rebates ). They use me because after I interact with them they feel I am the best person to help them with their goals.

Whether or not it's technically ok in your area you are setting yourself up to be a Pariah with other agents in your area.

Ditto!