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#453446 - 07/16/16 04:07 PM Please Help.....Ethics issue!!
Jameson823 Offline
Junior Member

Registered: 07/16/16
Posts: 1
Loc: Louisiana
I had a listing for about 6 months....Had 20+ showings, spent a ton in advertising, open houses, etc....Never got an offer mainly because the seller was stubborn and refused to clean the house....

So we have a showing on July 4th....Selling agent says clients like it but have just started and want to look more...

The next morning I get text from seller saying they want to withdraw the listing.....I oblige, bc we were friends before business and I knew they were sick of the process.

The next morning, they list with another agent...........Fast forward 2 days.....New agent gets an offer from the Buyers that looked at the house on the 4th (when I had it listed!!!)....I confirmed with selling agent that they did not have a 2nd showing and their only showing was while I had it listed...

Sooooooo......First off, should I be considered Procuring agent???? And is it unethical for the new agent not to at least inform me that he just got an offer from a showing that was under my watch??

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#453448 - 07/17/16 12:47 AM Re: Please Help.....Ethics issue!! [Re: Jameson823]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2238
Loc: Outer Banks
You are not the procurring agent and the new listing agent owes you nothing. You gave up all rights to anything when you let the seller out of the contract. Apparently, the sellers weren't tired of the process, they were tired of you.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#453451 - 07/17/16 06:38 AM Re: Please Help.....Ethics issue!! [Re: Bigtoe]
JohnN Offline
Member

Registered: 11/21/13
Posts: 228
Loc: Minnesota
Originally Posted By: Bigtoe
You are not the procurring agent and the new listing agent owes you nothing. You gave up all rights to anything when you let the seller out of the contract. Apparently, the sellers weren't tired of the process, they were tired of you.

Ouch!, But basically true. Stuff happens.

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#453458 - 07/18/16 11:13 AM Re: Please Help.....Ethics issue!! [Re: Jameson823]
SoFLBroker Offline
Member

Registered: 04/20/07
Posts: 171
Loc: Florida, Treasure Coast
Yes, you pretty much answered your own question. You said, "selling agent says clients....", which means the buyer was not being represented by you.

Was this an open house type of showing? If so, and you did not have a non-representation agreement signed, it hard to understand how this could be a thought.
_________________________
Selling Foreclosures from the Treasure Coast to the Palm Beaches!


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#453461 - 07/18/16 01:50 PM Re: Please Help.....Ethics issue!! [Re: Jameson823]
JolitaB Offline
Junior Member

Registered: 07/18/16
Posts: 1
Loc: Palm Coast FL
If you're using a Florida Realtors Exclusive Right to Sell Listing Agreement, ther is a carryover clause that protects you so that any potential buyers that viewed the property may be protected under your listing. You may need to take this to your local grievance board if the new listing broker refuses to talk to you.

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#453466 - 07/19/16 12:30 AM Re: Please Help.....Ethics issue!! [Re: JolitaB]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2238
Loc: Outer Banks
Originally Posted By: JolitaB
ther is a carryover clause that protects you so that any potential buyers that viewed the property may be protected under your listing. You may need to take this to your local grievance board if the new listing broker refuses to talk to you.


our agreement has the same clause but it only applies if the seller tries to sell it to the buyer behind the agents back. It does not apply if the property is relisted with another agent. Why should the new agent be penalized, they did not do anything wrong.

and it would be the arbitration committee that handles money matters, the grievance committee handles ethic violations and the new agent did nothing wrong. If this agent committed an ethice violation then none of us can list a property after it was previously listed for fear of an ethics violation and loss of earned commission.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#453638 - 07/28/16 03:53 AM Re: Please Help.....Ethics issue!! [Re: Jameson823]
reopro Offline
Member

Registered: 09/13/06
Posts: 58
Loc: Virginia
I have never completely let a seller out of a listing contract. If the seller does not want the property on the market any more I say fine BUT if the house sells during our listing contract period my office is entitled to the commission.

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#453798 - 08/07/16 07:59 AM Re: Please Help.....Ethics issue!! [Re: Jameson823]
barb43 Offline
Veteran Member

Registered: 07/31/08
Posts: 1156
Loc: SW Okla
Here, the owner ends up squawking to the Broker Owner who almost nev-er lets anyone out of their listing agreement. If they really don't want our company to have their home listed, he'll agree to mark it "conditionally withdrawn" in the MLS. That puts the house in limbo till it expires. The house can't be listed with anyone else during that time, and it can't be shown by anyone either. So the seller shoots himself in the foot if he's so angry that he agrees to that. Once in awhile, there'll be an owner who does agree to that. wink


Edited by barb43 (08/07/16 08:00 AM)
_________________________
Remodeling houses & helping tenants get ahead in life since 1983. Licensed Realtor since 2005.


LIMITATIONS: Until You Spread Your Wings, You'll Have No Idea How Far You Can Walk. - despair.com

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#453799 - 08/07/16 10:59 AM Re: Please Help.....Ethics issue!! [Re: Jameson823]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
Originally Posted By: Jameson823
". . . we were friends before business and I knew they were sick of the process . . ."

Another reason for not mixing friendship with business.

With him gone, you can now reduce your SOI by One.

_________________________
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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#453874 - 08/10/16 09:10 PM Re: Please Help.....Ethics issue!! [Re: Jameson823]
goasya Offline
Member

Registered: 07/16/16
Posts: 59
Loc: Karnataka,India
Since you have let them out of the contract and this should be lesson to you not to mix business and personal relationship

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#454788 - 09/29/16 02:57 PM Re: Please Help.....Ethics issue!! [Re: Jameson823]
Kathy Landon Offline
Member

Registered: 09/21/16
Posts: 21
Loc: North Carolina, USA
A lot of people can be harsh for mixing business with personal friendships, but it happens. How many times does a friend ask you for favor that's related to what you do for a living? I totally agree it's good practice to not mix business and personal life, but sometimes it works out for getting leads and referrals.

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#454805 - 09/30/16 09:35 AM Re: Please Help.....Ethics issue!! [Re: Kathy Landon]
VABroker Offline
Veteran Member

Registered: 11/02/10
Posts: 1042
Loc: Virginia
I wouldn't be harsh on Jameson823, guys, because this crap happens even if you are not friends with the seller. Circumstances are what they are; although, I do put a $500 fee clause in my listing agreements if the seller wants to cancel before the expiration. It sounds to me that the buyer saw the home while you had it listed, and, when that buyer on that day didn't present an offer, seller became discouraged and decided to list with someone else. Yet; in the meantime, that buyer really did want to buy the house but now it's listed with someone else. Those of us who are seasoned agents have probably all had this experience. Sellers blame their listing agents all the time when their home does not get a contract and sell; yet, only one buyer can buy it and sometimes, it takes a considerable amount of time for that one buyer to come along. And don't feel bad, my own soon-to-be-ex sister-in-law has had 3 different listing agents on her home and refuses to use my services! Her soon-to-be-ex hubby has no backbone to tell her otherwise; but, she'd also kill him if used my services. Okay, she wouldn't actually kill him. Her preference is to make ALL her ex-husbands miserable until the day they die (I'm not kidding!).


Edited by VABroker (09/30/16 09:35 AM)

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#459042 - 09/10/17 12:25 PM Re: Please Help.....Ethics issue!! [Re: Jameson823]
RPR Offline
Member

Registered: 06/08/17
Posts: 32
Loc: Delaware, United States
if contract has been cancelled then you can't do anything.
_________________________
Property Preservation Processing Services -
rprservices.com

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