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Old 04-05-2008, 01:17 PM
 
Location: Raleigh, NC
998 posts, read 3,488,839 times
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Perhaps you should call the local chapter of the Association of Realtors for their definition. Good luck.
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Old 04-05-2008, 01:18 PM
 
Location: Barrington
20,092 posts, read 14,434,070 times
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How did this other agent know the buyer had gone to contract? Sounds like the buyers may have told the other agent and the agent sent them a congrat note.
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Old 04-05-2008, 01:24 PM
 
Location: Salem, OR
11,012 posts, read 18,924,139 times
Reputation: 6973
Quote:
Originally Posted by Rapture View Post
Again....Does that Code mean a REALTOR cannot contact another agents client? Does anyone know the answer, please? Thanks..

Silverfall you said it's not black & white so I'm assuming you know what it means. Please explain, thanks.

Also, again there's more to the story. Please I'm begging people here, stop passing judgement and guessing or giving an opinion. Can someone just answer the question? If you don't know, that's fine, no big deal but giving just opinions or telling me what do is not helping. I'm just asking what EXACTLY does the code mean.

I'm not talking about another agent trying to steal a customer, sour grapes, who won etc...I want to know what the code means!
It's not black and white because it is by nature subjective.

Scenario: My neighbor across the street lists with their best friend an agent with Company X. As my neighbor, I ask how it's going and wish them well. As an agent am I talking with someone else's client. Yes...am I interfering with or soliciting their business...no...

What that letter says is the one an only factor on whether or not their was an ethical problem. If she sent them a card that simply says "congratulations on your home purchase." Then there is no ethical violation. She solicited nothing...

Scenario: The buyer agent can't make the home inspection so the listing agent is there. The listing agent and the buyer talk. Does this violate the article, no.

So if you need a black and white answer, Yes you can talk to other agent's clients.
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Old 04-05-2008, 01:30 PM
 
Location: Barrington
20,092 posts, read 14,434,070 times
Reputation: 6227
Quote:
Originally Posted by Silverfall View Post

So if you need a black and white answer, Yes you can talk to other agent's clients.
The intent is not solicitation and therefore there is no conflict.

If the agent made contact to make the buyer feel guilty, that's jerky, but not solicitation.
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Old 04-05-2008, 01:36 PM
 
Location: Columbia, SC
7,035 posts, read 11,177,146 times
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Wow, I would probably be mad about that also. I don't think it was a heartfelt reach out and certainly not professional. However...you would have a hard time proving a violation going by the book. Probably not worth pursuing but I suggest talking to your BIC if you feel wronged.
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Old 04-05-2008, 01:47 PM
 
Location: Salem, OR
11,012 posts, read 18,924,139 times
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Quote:
Originally Posted by middle-aged mom View Post
The intent is not solicitation and therefore there is no conflict.

If the agent made contact to make the buyer feel guilty, that's jerky, but not solicitation.
I agree. Since there wasn't an attempt to interfere in the contract, then there is no violation.
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Old 04-05-2008, 03:49 PM
 
Location: Woods of Missouri with many Critters
25,441 posts, read 8,984,255 times
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The way I read it is: No agent shall 'ever' contact another agent's client while there is a signed 'contract' in effect. If the client contacts another agent first, then and only then, may another agent discuss real estate with the client. No contact, period! A situation here that would have prompted me to ask my broker to contact their broker and request that the agent in question be reminded of this.

Having said all of this, I must admit that this is on somewhat shaky grounds. How seriously do you want to open a chasm with this other agent? I would seriously look to the future. You may need to show one of their listings, etc. in the future. This business makes for some strange happenings. Good luck to you.
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Old 04-05-2008, 04:10 PM
 
Location: Gorham, Maine
1,663 posts, read 2,750,313 times
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Quote:
Originally Posted by Rapture View Post
WhoFanMe - it was a floor duty call. She doesn't even really know the people.
Thanks for your reply but again, I don't feel the code has a gray area.

Again....Does that Code mean a REALTOR cannot contact another agents client? Does anyone know the answer, please? Thanks..

You have completely misunderstood my question. Did your client tell the offending agent that they had chosen you? Is it possible that the other agent doesn't know that your buyer had representation and thinks they are unrepresented?

Now I'm going to muddy the water further. How does the offending agent know the BUYER on a property under contract that hasn't closed yet? Shouldn't that be confidential at this time?
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Old 04-05-2008, 04:32 PM
 
Location: Pinal County, Arizona
25,100 posts, read 24,540,520 times
Reputation: 4812
Quote:
Originally Posted by Rapture View Post
Again....Does that Code mean a REALTOR cannot contact another agents client? .
The way you worded this question, as an absolute - and as a member of NAR Pro Stds committee - and a national Pro Stds Instructor - my answer is - no, the code does not mean a REALTOR can't contact another agents client.
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Old 04-05-2008, 04:39 PM
 
Location: Sunny SC
4,088 posts, read 9,630,678 times
Reputation: 2355
Before I say anything, I first want to say thank everyone for their posts here.

Sacrementan: The code does not say an agent cannot contact another agent's client. If that were the case, Buyer's agents could not call listed Sellers to arrange a showing; something which is commonplace. And agents showing property could not greet the Sellers.

I believe it does say that and I know there are times when another other agent would be speaking with your client but that's after you gave permission.

The problem arises when the agent "takes action inconsistent" with another agent's exclusive representation agreement. Therefore it is not the contact in itself that is the problem, but the nature of the contact. If, as your client's agent, it is your sole duty and right to offer congratulations on the home purchase, then this agent has violated the ethics code. From what you've told us, I don't believe that is the case.
I haven't read any code that says anything about the nature of what something is or was but I also don't remember every code word for word. I just can't believe the code of ethics would mean that. People have different opinions of what the nature of something is, so this is why I believe it is black and white. Just my opinion though, I am trying to understand.

Janecj: Perhaps you should call the local chapter of the Association of Realtors for their definition. Good luck. Thanks and I realize that but a lot of what happened was yesterday late afternoon and I was very upset, so I posted on here to see if anyone else had the answer to the question. Like I said I am not trying to get this person in trouble in anyway or even confront her about it. It's a small piece of a bigger thing that happened. I'm asking this question because I was told it was against the code of ethics. I already know it was just plain wrong what she did (in addition to a bunch of other things) but didn't know if that's what that code means. I'm just trying to learn something here.

middleagemom:How did this other agent know the buyer had gone to contract? Sounds like the buyers may have told the other agent and the agent sent them a congrat note. Funny name.

She knew because I was trying to be a nice person and emailed to let her know. The buyer was working with a builders agent, also had the girl in question take them out one day and had me take them to see properties. I found out about this and explained agency, explained a buyers agreement and explained that they need to make a decision and use one agent. They liked me, they liked the houses I showed them, signed with me and bought a house. I also found out the other agent worked for my company in another office and never even mentioned a buyers agreement to them. After the house went under contract, I thought I would email the agent and give her a heads up so she's not wondering what happend to the people and that they had been working with three of us but signed with me and bought with me. I would want another agent to do the same for me but I also would not put myself in that situation. She wrote me back four days later (because that's how often she checks her email) and said ok, thanks for letting her know. Then proceeds to email my client congrats. These people were not her friends, relatives or anything. She did not even really know them and to top it off she let them buy her lunch when they went out the one time. There is still a lot more to this story but she made MY clients feel bad and that's whats really ticking me off. Not to mention we all need referrals and she may have ruined that for me and my company. Her sole purpose was to create guilt and she did because now the buyers are upset.

If the agent made contact to make the buyer feel guilty, that's jerky, but not solicitation. I never said it was solicitation and yes I know it's jerky.

Brandon: Wow, I would probably be mad about that also. I don't think it was a heartfelt reach out and certainly not professional. However...you would have a hard time proving a violation going by the book. Probably not worth pursuing but I suggest talking to your BIC if you feel wronged. Like I said, I'm not trying to get anyone in trouble and again there's more to the story. I just posted on here to find out what that code meant exactly. I was told it's against the code of ethics from someone that's very knowledgeable, much more then me and I was trying to learn something and see if that's what that code means.


Northwoods: The way I read it is: No agent shall 'ever' contact another agent's client while there is a signed 'contract' in effect. If the client contacts another agent first, then and only then, may another agent discuss real estate with the client. No contact, period! A situation here that would have prompted me to ask my broker to contact their broker and request that the agent in question be reminded of this. Thank you and that's how I understand it and it makes sense. Even w/o that code, it's just wrong and unprofessional.

Having said all of this, I must admit that this is on somewhat shaky grounds. How seriously do you want to open a chasm with this other agent? I would seriously look to the future. You may need to show one of their listings, etc. in the future. This business makes for some strange happenings. Good luck to you.
Yes it does! And I'm not trying to open anything, it was opened by her and there are other issues at hand. Thanks for the good wishes and I'm not worried about her showing any of my listings because she has never been able to make a sale and the only listing I know of she had, she lost because they fired her.


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