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#450217 - 02/01/16 03:27 AM Caught in the middle - again
JTG Offline

Registered: 04/03/12
Posts: 22
Loc: Virginia Beach, VA
A customer called and spoke to me about real estate. I asked her if she was working with another agent, and she told me that she was in the recent past, but they are not under a broker agreement and she doesn't receive listings from the client. Technically, she is not working with her.

Towards the end of our conversation she said it was a fellow agent in my office that she was working with in the recent past. I told her initially that I didn't want to step on anyone's toes, but did say the agent doesn't have to know since she didn't want to ruin their relationship. She considers the agent as a friend. I sent her the broker agreement and she signed it. She is sure she doesn't want to work with the agent and wants to move on.

It bothered me, so I spoke to my broker, who said all parties need to know. To make a long story short, the other agent went off. She did some things that weren't professional because she was mad at the buyer.

This is the 3rd time this has happened. I am not trying to "steal" anyone's client. The buyer said she handled the situation but didn't tell the agent she was working with another agent. I found out she told the agent she wasn't looking right now for a home.

Does anyone have a way or procedure of covering themselves when dealing with buyers who don't or won't disclose that they want to discontinue the working relationship with the agent and that they want to work with me? I'm giving the agent a referral fee if I find a house for the buyer.

I want to have a procedure that keeps me out of the middle. Any suggestions or ways you've handled it would be appreciated.

#450220 - 02/01/16 04:59 AM Re: Caught in the middle - again [Re: JTG]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7883
Loc: Vermont's North-East Kingdom
This is always a problem when dealing with fickle Human Beans . . . . all of whom are liars.

Unfortunately, most of my Clients, both Buyers and Sellers, have been Human Beans, so it's been tough.
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

#450223 - 02/01/16 06:50 AM Re: Caught in the middle - again [Re: Vermont]
johnnyloans Offline
Veteran Member

Registered: 03/29/09
Posts: 870
Loc: Los Angeles ,CA
I read somewhere that buyers Graduate From Client University with a degree in Lying.
Johnny James
Real Estate Broker in CA
(855) 898-3354
Greater Los Angeles Area
Have Car Will Travel
For Those That Google

#451380 - 03/18/16 07:03 AM Re: Caught in the middle - again [Re: JTG]
ScottBowland Offline

Registered: 02/25/16
Posts: 31
Loc: Penticton, BC, Canada.
I would just be open about it. If you know who the other agent is let him know what is going on - He will find out eventually anyways. Nobody can hold you to fault if you are honest and open about it. If I client lies to you that is on them - Not you.

#451494 - 03/21/16 05:55 AM Re: Caught in the middle - again [Re: JTG]
shawtuse Offline
Junior Member

Registered: 03/21/16
Posts: 7
Loc: Nebraska

I am new here and suggest an acceptable way of handling this situation would be for the managing broker to first discuss the issue with the other agent: the client preferred working with another agent (without naming names). And then leaving it up to the managing broker to suggest or assign another agent. This way it's not personal (for you) but rather becomes a business decision and no toes are stepped on if the new agent happens to be you especially if you are up-front with the other agent and inform them (casually) you've agreed to work with the client in the best interest of the broker.

#451530 - 03/22/16 01:58 AM Re: Caught in the middle - again [Re: shawtuse]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7883
Loc: Vermont's North-East Kingdom
Originally Posted By: shawtuse
". . . This way it's not personal . . ."

If MONEY is involved . . . . it's going to become personal !
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

#451842 - 04/06/16 06:50 AM Re: Caught in the middle - again [Re: JTG]
FENIX Offline

Registered: 04/04/16
Posts: 18
Loc: Phoenix
I'd communicate with the original agent in a formal meeting with the broker. Regardless of if the other agent would find out about this anyway is beside the point (I saw an earlier post). How about the code of conduct?! Keeping the boss in the loop is always a good thing to ensure not only the code of conduct is honored, but to cover your 6. All this junk of "liar university" is a bunch of crap. Let's submit some real responses here. We have real agents on here talking about real problems/concerns that are looking for real solutions. Since documentation is everything, IF you get the deal, have the broker and original agent sign a document that goes with the file acknowledging you are now the assigned agent.

Edited by FENIX (04/06/16 06:51 AM)

#451868 - 04/07/16 03:23 AM Re: Caught in the middle - again [Re: JTG]
barb43 Offline
Veteran Member

Registered: 07/31/08
Posts: 1161
Loc: SW Okla
There's not a code of conduct violation here if the buyer did not have a buyer-broker service agreement in place with the first agent, and she does now have one in place with the 2nd agent. That the first agent is angry, well, that's human nature and she'll just have to get over it. This may end whatever friendship may have been between buyer and agent #1, but that's not agent #2's problem either.

Brokers do not have time to handhold agents who get their feelings hurt. All of this "formal meeting with the broker" business certainly wouldn't happen around this town.

If you're giving advice in this thread without a license, well, you ought to get your license and get some boots-on-the-ground experience in a real estate office and the whole real estate community in which you live. You'll see how things really work that way. wink
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. -

#451883 - 04/08/16 12:19 AM Re: Caught in the middle - again [Re: FENIX]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2276
Loc: Outer Banks
Originally Posted By: FENIX
Since documentation is everything, IF you get the deal, have the broker and original agent sign a document that goes with the file acknowledging you are now the assigned agent.

what if the broker and the other agent are drinking buddies and you know the client will be forced to work with the other agent?

my last broker would have solved this by taking the client themselves.

The document you say should be signed does not exist, so it would have to be created. This means hiring a lawyer to draw up the doc because if you do it you are practicing law which is illegal, not a code violation, but illegal by state statute.
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

#453989 - 08/17/16 09:05 PM Re: Caught in the middle - again [Re: JTG]
goasya Offline

Registered: 07/16/16
Posts: 59
Loc: Karnataka,India
When money and human beings are involved together,it will end up in some form of lying.Its not your fault.


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