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#339202 - 05/25/10 01:19 PM A question on a situation...
TrueVisionary Offline
Member

Registered: 03/28/07
Posts: 41
Loc: VA
Hey Everybody... I have ?...

An agent showed a home to a prospective buyer. When the showing was over, the seller disclosed to the Buyer's agent that they had a home that they were eager to move to in another state during the conversation.

The Buyer's agent told their asst. the same information. The asst. disclosed the same information to the Listing agent.

None of this was done in malice or in any way trying to get an "edge" ... In fact it all came up in the regular course of conversation.

Did someone do something wrong here?

What say you? smile
_________________________
"It is impossible to rightly govern a nation without God and the Bible."
-- George Washington (The 1st President of the United States)

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#339204 - 05/25/10 01:55 PM Re: A question on a situation... [Re: TrueVisionary]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4725
Loc: Vermont's North-East Kingdom
Well, I certainly hope that the Buyer's Agent disclosed this to the Buyer . . . . after all, that's his/her job. I'm assuming here that when you say Buyer's Agent, you mean an actual Agent/Client relationship, with all the fiduciary responsibilities that entails . . . . otherwise, you would have said referred to a Selling Agent who brought along a mere Customer.

Did the Buyer's Agent disclose to the Seller that they are working from the other side of the table? Many people think that Agency Disclosure pertains ONLY to Buyers . . . . but it pertains to Sellers too (at least here in Vermont), and the Seller has to be advised at the first substantial meeting that this Agent has the responsibility for furthering the interests of the Buyer as a first priority . . . . NOT the Seller's interests.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#339205 - 05/25/10 02:08 PM Re: A question on a situation... [Re: Vermont]
TrueVisionary Offline
Member

Registered: 03/28/07
Posts: 41
Loc: VA
Agent did not disclose to the Seller that they were working for the buyer. I'm told it was just a short conversation as they were leaving the property...
_________________________
"It is impossible to rightly govern a nation without God and the Bible."
-- George Washington (The 1st President of the United States)

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#339207 - 05/25/10 02:21 PM Re: A question on a situation... [Re: TrueVisionary]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4725
Loc: Vermont's North-East Kingdom
Maybe they just wanted it to be known; but it does undermine their bargaining position somewhat . . . . and maybe the Sellers understand that.

That does not relieve the Buyers' Agent from making his own disclosures . . . . but I'm in Vermont, and you're in Virginia. If I'm representing a Buyer, and I happen to meet the Seller of another Agency's Listing during a showing, I consider that "substantive" contact, and I give them an Agency Disclosure. If I never meet them until Closing . . . . it doesn't get done.

Your Rules and Regulations will govern whether anything was wrong. Regardless, now that he also knows about this, the Listing Agent should diplomatically remind the Seller that "Loose lips sink ships" . . . . but they may know all that and still be desperate enough to throw caution to the wind. This is America, and that's their right. They want to move. They can use whatever tools they see at their disposal.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#339212 - 05/25/10 03:31 PM Re: A question on a situation... [Re: Vermont]
TrueVisionary Offline
Member

Registered: 03/28/07
Posts: 41
Loc: VA
Thanks Vermont... I think they want out... smile
_________________________
"It is impossible to rightly govern a nation without God and the Bible."
-- George Washington (The 1st President of the United States)

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#339219 - 05/25/10 05:10 PM Re: A question on a situation... [Re: TrueVisionary]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
Quote:
...the seller disclosed to the Buyer's agent that they had a home that they were eager to move to in another state during the conversation.


The seller can disclose anything they want, obviously they are motivated to sell.

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#339242 - 05/25/10 11:25 PM Re: A question on a situation... [Re: pikes peak]
SLChomes4sale Offline
Member

Registered: 05/28/06
Posts: 119
Loc: UT
Wouldn't be a problem to me. If I'm the buyer's agent & the seller tells me something you can bet I'm going to use it to my buyer's advantage. That's what I'm getting paid for. If the listing agent is mad, he should have told his seller to keep his mouth shut.

If I'm the listing agent, it wouldn't bother me either. I probably would have advertised the home that way, "motivated seller, moving out of state!" I don't see a problem with the situation.

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#339243 - 05/26/10 12:13 AM Re: A question on a situation... [Re: SLChomes4sale]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8476
Loc: georgia
If the owners say they are motivated and moving or distressed I actually put that they give me permission to release that info in the listing agreement and use it for marketing.

As the listing agent you can't advertise a property that gives away the sellers position without their permission. I get it in writing because buyers and sellers say one thing in the moment and then lie later to cover their butts. When everything is in writing it keeps all parties honest most of the time.

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#339264 - 05/26/10 08:54 AM Re: A question on a situation... [Re: Vermont]
Kjmendy Offline
Veteran Member

Registered: 05/16/10
Posts: 709
Loc: London, Ontario
Originally Posted By: Vermont
the Listing Agent should diplomatically remind the Seller that "Loose lips sink ships"


Agreed!

Sometimes there is nothing you can do, but the listing agent should always try to keep there clients away from an potential buyers.

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#339295 - 05/26/10 12:38 PM Re: A question on a situation... [Re: pikes peak]
Jennifer Allan Offline
Major Contributor

Registered: 11/12/06
Posts: 1623
Loc: The Beach
Originally Posted By: pikes peak
Quote:
...the seller disclosed to the Buyer's agent that they had a home that they were eager to move to in another state during the conversation.


The seller can disclose anything they want, obviously they are motivated to sell.


What Pikes said...
_________________________
Jennifer Allan, GRI
RE/MAX Hall of Fame
Author of Sell with Soul, Creating an Extraordinary Career in Real Estate without Losing Your Friends, Your Principles or Your Self-Respect

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