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#455116 - 10/25/16 10:49 AM Approach to dealing with stall tactics
Donna Jean Offline
Junior Member

Registered: 10/25/16
Posts: 6
Loc: Ohio
I had a property my client wanted to view, couldn't get in due to key lock dysfunction, the listing agent met me at the location with the key but couldn't get the door to unlock. Next came the lock box....key was stuck and couldn't get it out to open door, agent called to reschedule. Third time we got in (the next day) emailed that night wanted to view property disclosures prior to putting in offer, received reply email already under contract...how would you handle this situation pertaining to not being able to get in to view the property, (but apparently someone was).

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#455122 - 10/25/16 04:27 PM Re: Approach to dealing with stall tactics [Re: Donna Jean]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7527
Loc: Vermont's North-East Kingdom
How much time elapsed between the initial effort to see the How How much total time elapsed between the initial effort to present the property and the revelation that it was Under Deposit ?

At this early date, can you determine whether it's an "in house" Buyer who put the Subject Property under Contract or does it involve another Co-Broker ?

If it involves another Co-Broker, you probably don't have a case; otherwise I'd suspect the same connivance that has raised your antennae.

I'd first engage in a discovery process to determine whether I had been denied the opportunity to fully present the property, and then I might file an Ethics complaint with your Local Board of REALTORS®' Grievance Committee and/or the MLS Committee.

Similarly, as a Member of the General Public, your Buyer may have a basis for filing a Complaint with the Ohio Real Estate Commission regarding the other Agent's apparent effort at crippling your Buyer's opportunity to consider the property.

Collect and save all emails and your telephone log as evidence.
_________________________
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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#455135 - 10/26/16 11:47 AM Re: Approach to dealing with stall tactics [Re: Vermont]
Donna Jean Offline
Junior Member

Registered: 10/25/16
Posts: 6
Loc: Ohio
My 1st request was on Monday, needed a 48 hr notice so I requested for Wednesday afternoon, the response to me was...I will see the seller the next evening and will ask about the appt then (what about the 48 hr notice?) so the appt was confirmed Tuesday evening. I was met at the location on Wednesday by the listing agent with new keys to unlock the door, which didn't work, he said there had been an appt there earlier but how did they get in, he had the key that didn't work. So the appt was rescheduled for Thursday...rec'd the call Thurday the appt needed rescheduled because the lockbox with the key in it was stuck, new appointment for Friday, we made the appointment, my client decided he would make an offer but the disclosures weren't online so I requested them Friday evening...rec'd notification Saturday morning an accepted offer had been made. I don't at this time know who the buyer is or what agent/company represented them. This was my experience with this transaction.

Thank you for your ear, thoughts and suggestions !

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#455137 - 10/26/16 01:11 PM Re: Approach to dealing with stall tactics [Re: Donna Jean]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7527
Loc: Vermont's North-East Kingdom
Originally Posted By: Donna-Jean
". . . I don't at this time know who the buyer is or what agent/company represented them . . ."

You can always ask the Listing Agent point-blank (in a non oblique manner) if the Offer came from among his own Buyers or his Agency . . . . or if it was through another Agency (Co-Broker).

If s/he says "that's confidential" or simply refuses to answer, then you pretty much know what's happening; and can start fleshing it out.

This is one aspect of brokering where the interests of the Listing Agent diverge from the best interests of his/her Client Seller . . . . because there's more commission money to be made with a modest or low Offer when it's all kept "in-house" than there is to be made with a Full-Price Offer. The Seller loses; and would have a basis for suing for a violation of the fiduciary (if they knew about it).

I had one Seller's Attorney write me, as the Listing Broker, suggesting that I had presented a Low Offer to the Seller because I would make more money than if I shared the Commission with another Agency presenting a more desirable full price Offer.

That challenge got my attention and I had to respond that there was no other offer in the offing, and that his (and my) Client's over-priced property was a real dog anyway, and probably wouldn't ever be the recipient of a better offer offer, regardless of the source; but he's free to reject the Offer.

Not a peep followed; and the Seller accepted the Offer, we Closed, and he moved out-of-State. Thereafter, I kept even better notes, and always made doubly sure I wasn't restricting anyone's opportunity to fully present any of my Listings.

But I remember it well.

Good luck to you; and congratulations on seeing the potential conflict.
_________________________
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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#455138 - 10/26/16 01:26 PM Re: Approach to dealing with stall tactics [Re: Vermont]
Donna Jean Offline
Junior Member

Registered: 10/25/16
Posts: 6
Loc: Ohio
Thank You!

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