U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Real Estate Professionals
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-04-2008, 08:36 PM
 
Location: NJ/SC
4,286 posts, read 13,391,713 times
Reputation: 2593

Advertisements

Please tell me how do you interpret the code below? The way I understand it is an agent should not contact a client of another agent that has an exclusive agency agreement with that client. I do realize it's ok to do mailings to clients of other agents, as long as you are mailing the whole neighborhood, not just that property.

Article 16

REALTORS® shall not engage in any practice or take any action

inconsistent with exclusive representation or exclusive brokerage

relationship agreements that other REALTORS® have with clients.

(Amended 1/04)
Reply With Quote Quick reply to this message

 
Old 04-04-2008, 09:04 PM
 
Location: Columbia, SC
9,071 posts, read 18,070,923 times
Reputation: 6695
I more or less agree with you.
Reply With Quote Quick reply to this message
 
Old 04-04-2008, 09:12 PM
 
Location: NJ/SC
4,286 posts, read 13,391,713 times
Reputation: 2593
Please, what's the less? I have an issue going on right now. I'm really ticked off at another agent and I need to make sure I understand that code 100%. Thank you.
Reply With Quote Quick reply to this message
 
Old 04-04-2008, 09:23 PM
 
Location: Martinsville, NJ
6,162 posts, read 11,238,662 times
Reputation: 3958
Quote:
Originally Posted by Rapture View Post
Please tell me how do you interpret the code below? The way I understand it is an agent should not contact a client of another agent that has an exclusive agency agreement with that client. I do realize it's ok to do mailings to clients of other agents, as long as you are mailing the whole neighborhood, not just that property.

Article 16

REALTORS® shall not engage in any practice or take any action

inconsistent with exclusive representation or exclusive brokerage

relationship agreements that other REALTORS® have with clients.

(Amended 1/04)
What's the actual question?
Reply With Quote Quick reply to this message
 
Old 04-05-2008, 12:17 AM
 
Location: Montana
2,203 posts, read 8,394,804 times
Reputation: 1099
Rapture, the sub-points of Article 16 discuss various situations in detail. We did discuss some of these points in an ethics class I took Wednesday. Basically, an agent cannot solicit the client of another agent if there is any sort of a written agency agreement, i.e. ERTS or Buyers Broker Agreement. However, if the client is the one who initiates the contact, then you are free to discuss whatever.

There's actually quite a few fine points in Article 16. Be sure to read through it in its entirety - I think it will probably answer your questions.
Reply With Quote Quick reply to this message
 
Old 04-05-2008, 12:24 AM
 
Location: Dallas/Fort Worth, Texas
4,142 posts, read 13,471,516 times
Reputation: 2556
If an agent sollicited a listing on a property that is already listed... that is unethical. Any mailing should have a disclaimer at the bottom or anywhere on it such as. "If your house is already listed, ignore this mailing" "not intended to sollicit business if you already have a listing agreement with another agency" etc...

If the owner of the house received the mailing that includes the disclaimer, and decided to contact that agent that mailed it, then the agent didn't do anything wrong.
Reply With Quote Quick reply to this message
 
Old 04-05-2008, 06:09 AM
 
Location: NJ/SC
4,286 posts, read 13,391,713 times
Reputation: 2593
Quote:
Originally Posted by Bill Keegan View Post
What's the actual question?
Thanks for asking because I guess by the answers I'm receiving it's not clear. I was hoping to avoid having to tell the whole long story of what happened.

I really just need to know if Article 16 is saying if I have a buyers agreement with a client, that another agent should have no contact with them w/o my consent. It's not about a listing, I only mentioned that because I know that we can contact other agents clients in the way I described.

I have a client that has a contract on a house, which is closing the end of the month. Really long story but the short is, another agent emailed them saying congrats on your house purchase to make them feel guilty for not choosing them as an agent. The clients had met with three agents before choosing me and the property I showed them. They also were never told about a buyers agreement until they met me, we hit it off and they signed an agreement with me. Anyway, this agent emailed them after finding out they made a purchase. I'm so mad because, I feel that is completely unprofessional, against code of ethics and had only one thing in mind is to make them feel bad. They do feel bad and wrote her back and apologized and explained why they called and used me. The buyers are stressed about the move and this agent made them feel bad. Also, this agent works for my company but in another office, so I think it makes my company look bad. Now, who knows if this client will be turned off enough and never send me or my company a referral in the future. We all know how important referrals are. I'm so mad!!! I still cannot believe she did that.

Again, there is more to the story but I just need to know if that code of ethics says that an agent cannot contact another agents client.
Reply With Quote Quick reply to this message
 
Old 04-05-2008, 06:42 AM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 13,023,096 times
Reputation: 3832
Quote:
Originally Posted by Rapture View Post
Thanks for asking because I guess by the answers I'm receiving it's not clear. I was hoping to avoid having to tell the whole long story of what happened.

I really just need to know if Article 16 is saying if I have a buyers agreement with a client, that another agent should have no contact with them w/o my consent. It's not about a listing, I only mentioned that because I know that we can contact other agents clients in the way I described.

I have a client that has a contract on a house, which is closing the end of the month. Really long story but the short is, another agent emailed them saying congrats on your house purchase to make them feel guilty for not choosing them as an agent. The clients had met with three agents before choosing me and the property I showed them. They also were never told about a buyers agreement until they met me, we hit it off and they signed an agreement with me. Anyway, this agent emailed them after finding out they made a purchase. I'm so mad because, I feel that is completely unprofessional, against code of ethics and had only one thing in mind is to make them feel bad. They do feel bad and wrote her back and apologized and explained why they called and used me. The buyers are stressed about the move and this agent made them feel bad. Also, this agent works for my company but in another office, so I think it makes my company look bad. Now, who knows if this client will be turned off enough and never send me or my company a referral in the future. We all know how important referrals are. I'm so mad!!! I still cannot believe she did that.

Again, there is more to the story but I just need to know if that code of ethics says that an agent cannot contact another agents client.
From what you write here, I don't see a violation. Also, you are assuming that the intention of the note was to make them feel bad. You do not know that, according to the information you provided.

The agent had previous contact with your client when s/he was interviewed and didn't get the job. After the purchase contract was entered into s/he sent a note congratulating your client. Apparently the note was not a solicitation.

Perhaps the note was close to the line, but I wouldn't call it a violation. Someone else here who has more knowledge and experience in this subject may have a different opinion.
Reply With Quote Quick reply to this message
 
Old 04-05-2008, 06:57 AM
 
Location: San Antonio
4,149 posts, read 9,323,921 times
Reputation: 3308
I don't see it as a "violation", but that agent shouldn't have reached out to YOUR client. There was nothing good that could come of that note. The only reason to do that was to try and stay in front of them for the future. I'd call that agent directly and get on them. You also might want to talk to your broker about it, because if they've got an agent doing that to agents in their own company, they need to know about it.
Reply With Quote Quick reply to this message
 
Old 04-05-2008, 06:57 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,058,887 times
Reputation: 1002
I agree with you. I tend to think it is the "more to the story" that has the op's goat.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Real Estate Professionals
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top