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#452632 - 05/20/16 08:05 AM Open House, procuring cause and grievance
VAagent Offline
Member

Registered: 05/20/16
Posts: 11
Loc: Virginia
I've been informed by our board's ombudsman that an agent is intending to file an ethics grievance against me saying I stole her clients.

I met these clients at an Open House a friend was having. They contacted me a week later and asked to work with me. We looked at several homes & they signed the EBA with me that weekend. The following week they asked to write an offer on a property that they had seen at another Open House they had gone to on their own a few hours before meeting me. They were upfront that they had strongly disliked the listing agent and wanted nothing to do with her.

When I presented the offer the listing agent told me she remembered them from when they came to her Open House. Nothing more was said at the time.

The clients turned out to be very difficult at every step. Did not make the transaction pleasant for me and really nickeled and dimed over the inspection up to the last minute.

Fast forward, weeks after closing, I was told the listing agent is pursuing ethics charges against me. I am flabbergasted. I think this is just anger over how ugly the clients were about things, but it is being directed at me. I have EBA, emails, etc. I do not know how she can allege she was the procuring cause + unbroken chain of events. Just because they walk into an Open House and she shows them around?

I have been in real estate just under a year. Any feedback is welcome.

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#452634 - 05/20/16 09:13 AM Re: Open House, procuring cause and grievance [Re: VAagent]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7503
Loc: Vermont's North-East Kingdom
I don't recall that just attending someone's Open House would somehow obligate you to becoming an Agent's "Client" ?

Doesn't that ordinarily require a Contract . . . . even in Virginia ?

I think someone is on the verge of making a fool of herself !

As an ethical matter, you have evidence that they (the Buyers) initiated the Contact with you . . . . you didn't pursue them.
_________________________
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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#452638 - 05/20/16 10:34 AM Re: Open House, procuring cause and grievance [Re: Vermont]
VAagent Offline
Member

Registered: 05/20/16
Posts: 11
Loc: Virginia
Originally Posted By: Vermont
I don't recall that just attending someone's Open House would somehow obligate you to becoming an Agent's "Client" ?

Doesn't that ordinarily require a Contract . . . . even in Virginia ?

I think someone is on the verge of making a fool of herself !

As an ethical matter, you have evidence that they (the Buyers) initiated the Contact with you . . . . you didn't pursue them.


Thank you. Those were my thoughts as well, but this has me a bit rattled. I suppose that is the intention.

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#452639 - 05/20/16 10:45 AM Re: Open House, procuring cause and grievance [Re: VAagent]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7503
Loc: Vermont's North-East Kingdom
How much experience does this Plaintiff Agent have ?

Is she just making an Ethics Complaint . . . . or making a claim for Money as well; which would necessitate Arbitration ?
_________________________
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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#452641 - 05/20/16 11:03 AM Re: Open House, procuring cause and grievance [Re: VAagent]
estatereal Offline
Major Contributor

Registered: 01/27/07
Posts: 2990
Loc: LAND OF THE FREE!
who had an eba signed by the buyer first?

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#452642 - 05/20/16 11:13 AM Re: Open House, procuring cause and grievance [Re: estatereal]
VAagent Offline
Member

Registered: 05/20/16
Posts: 11
Loc: Virginia
She has been a licensed agent since 2004.

She did not have a buyers agreement. Only I did.

All I've been told is a grievance. No mention of arbitration.


Edited by VAagent (05/20/16 11:14 AM)

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#452646 - 05/20/16 01:06 PM Re: Open House, procuring cause and grievance [Re: VAagent]
estatereal Offline
Major Contributor

Registered: 01/27/07
Posts: 2990
Loc: LAND OF THE FREE!
so you wrote an offer for a buyer who had under eba and it got accepted by a listing agent that later got upset.

i wonder if she gets upset at the other open house buyers who wander through her listings and then proceed to use other agnets to purchase a home without her or if that only happens if she holds the open house. either way, its the same end result. she did not have a client so unless there is something left out, she's just complaining. i'm sure that if the facts are as straight forward a response from you to the commission should clear this grievance up no problemo

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#452647 - 05/20/16 01:14 PM Re: Open House, procuring cause and grievance [Re: VAagent]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7503
Loc: Vermont's North-East Kingdom
This is a REALTORŪ COE matter; it doesn't go to the Commission.

It goes to the Grievance Committee first, and then, if they determine that the complaint has merit, they either forward it to Professional Standards or, if Money is involved, it goes to Arbitration. If it is found to be without merit, the Grievance Committee just dismisses it.

The Commission worries about matters involving Licensees and the General Public . . . . not squabbles among REALTORSŪ !
_________________________
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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#452649 - 05/20/16 01:32 PM Re: Open House, procuring cause and grievance [Re: VAagent]
David Hunter Online   content
Major Contributor

Registered: 09/27/05
Posts: 1564
Loc: Cleveland, Ohio
Interesting... I'm just curious to see which way this goes. Either way, the listing agent should have just accepted it and moved on with her life.
_________________________
David Hunter | Retired RE Agent |Direct-Response Marketer
www.DukeOfMarketing.com/7-Real-Estate-Marketing-Strategies/
www.TheSaviorsMinistry.org


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#452650 - 05/20/16 01:52 PM Re: Open House, procuring cause and grievance [Re: David Hunter]
VAagent Offline
Member

Registered: 05/20/16
Posts: 11
Loc: Virginia
Hopefully it will not amount to anything. But I'm preparing as if it will. I will keep you updated.

Kathy


Edited by VAagent (05/20/16 01:53 PM)

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#452651 - 05/20/16 03:08 PM Re: Open House, procuring cause and grievance [Re: VAagent]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7503
Loc: Vermont's North-East Kingdom
Originally Posted By: VAagent
". . . Hopefully it will not amount to anything. But I'm preparing as if it will . . ."

You may not believe it at the moment but this can be a valuable experience to look back on in the years to come.

I've been called before some of these Committees as a Respondent; and I've sat on both a Grievance Committee and a Professional Standards Committee, both of which dealt with actual Cases involving people I knew very well. Also sat on an Arbitration Committee that never had to hear a dispute.

What I can say is that nothing is fairer than a judgement by your peers . . . . peers who also know our jobs inside and out, and who have often found themselves in very similar situations as the Plaintiff and the Respondent, and who will agonize over doing what's right.
_________________________
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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#452656 - 05/21/16 08:55 AM Re: Open House, procuring cause and grievance [Re: VAagent]
VAagent Offline
Member

Registered: 05/20/16
Posts: 11
Loc: Virginia
Thanks Dale

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#452668 - 05/22/16 02:58 PM Re: Open House, procuring cause and grievance [Re: VAagent]
Granta Omega Offline
Member

Registered: 05/01/15
Posts: 160
Loc: Cleveland, Ohio
Do they have an exclusive contract with that buyer? If so, they need to go after the buyer for the commission as they breached the contract and didn't tell you they were under contract with that agent.

If not, that agent has no case. You introduced the property to them, and you created an unbroken chain of events that lead to the sale. Therefore, the commission is your brokerages's.

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#452686 - 05/23/16 07:58 AM Re: Open House, procuring cause and grievance [Re: Granta Omega]
VAagent Offline
Member

Registered: 05/20/16
Posts: 11
Loc: Virginia
The other agent did not have an exclusive buyers agreement with the buyers. I did.

They are claiming that since these buyers walked into their open house that they were the procuring cause leading to the sale.

Of course I haven't seen any of this in writing, as this has only been conveyed to me verbally by my association Ombudsman. The other agent has not contacted me on this directly.

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#452739 - 05/24/16 12:54 PM Re: Open House, procuring cause and grievance [Re: VAagent]
Granta Omega Offline
Member

Registered: 05/01/15
Posts: 160
Loc: Cleveland, Ohio
Did you show the house to them after they saw it through the open house? Did your buyers communicate with the other agent after the open house.

This is why I hate represented buyers going to open houses. It screws everything up, because they think they can just do all the talking with the other agent to avoid the middle man, and then use you to write the comtract.

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