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Old 08-05-2009, 05:32 PM
 
3,756 posts, read 9,570,475 times
Reputation: 1088

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Quote:
Originally Posted by 2bindenver View Post
I don't see any license law violation.

I do not see and CoE violation.

Somebody help me buy a clue.

Of course there was incentive, it's the commission.

Call the owner again and ask for a meeting. Tell him/her what your expectations are and who in their group could best meet them.

You are now a problem seller. It is in your best interests to see the agents as partners and work with them.

I resent you saying that I am a problem seller. If sticking up for my rights and not keeping quiet is your definition of a "problem" then so be it. I will notify the governing agencies and can prove my point.
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Old 08-05-2009, 05:33 PM
 
3,756 posts, read 9,570,475 times
Reputation: 1088
Quote:
Originally Posted by George Chong View Post
I still don't understand why you can't fire your Agent? You might want to bring that up with the Real Estate Commission too.

Point #1: is a "he said she said case". Sorry - the Agent was just wrong in making such a claim.

Point #2: I would DEMAND a copy of the Listing Agreement

Point #3: Probably is a violation of the agreement

Point #4: All Re/Maxes are independently owned and operated. Making such a broad statement is not true. I am a former Re/Max Agent
Point number one: Have witnesses other than family members that heard the false representation. I know not all ReMaxes are bad, I just stumbled upon the wrong one.
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Old 08-05-2009, 06:30 PM
 
Location: Salem, OR
15,601 posts, read 40,524,491 times
Reputation: 17528
Quote:
Originally Posted by 2bindenver View Post
I don't see any license law violation.

I do not see and CoE violation.

Somebody help me buy a clue.

Of course there was incentive, it's the commission.

Call the owner again and ask for a meeting. Tell him/her what your expectations are and who in their group could best meet them.

You are now a problem seller. It is in your best interests to see the agents as partners and work with them.
In Oregon you need to give your client a copy of contracts at the time of signing. It's one of the reasons I have a buyer agency agreement where they agree to accept an email copy instead.

That would violate our license law here. Otherwise every thing else would not violate any Oregon laws.
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Old 08-05-2009, 07:17 PM
 
Location: Hermoso y tranquilo Panamá
11,874 posts, read 11,060,394 times
Reputation: 47195
Quote:
Originally Posted by BLUEDIAMOND64 View Post
Ok, here it is: FULL STORY The first agent from ReMax verbally told us with witnesses present that she could sell the house in 2 weeks. Then, she never gave us a copy of the contract. In our area, she is the only agent linked to a builder. Ok, let me clarify. I am not talking about an entire development of new houses or townhouses, but a new house here and there. There is NO incentive for her to sell any of the listings because she has a close relationship with the builder. When we asked her to let us out of the ReMax agreement, she said fine. Then, before anything was finalized, she took our pictures off the MLS without our authorization. At the time she did this she was still our listing agent.

I called ReMax and spoke to the owner. They flat out refused to let us out of the contract but gave us another agent within ReMax.

The new agent asked us to lower the price, which we did. She also requested that we get a lock box and we complied. She also said that we should list it at 7 percent, saying that agents will not be motivated to show our house unless we do so.

My only recourse at this point is to notify the Real Estate Commission and the local chapter for real estate agents.

I do not think negatively of ALL agents, please let me make it clear. I have worked with Coldwell Banker and actually became good friends with the realator that sold my first house. The difference between agents is really incredible.

Thanks,
BlueD
Huh? I don't even know where to begin. First only God above knows when a house will sell - I literally tell sellers that when they ask 'so how long do you think it will take?' I just tell them while we'll promote it heavily and give it our best efforts there is no way we can guaranty when it will sell. That's just basic RE 101. Second, the new agent tells you that you need to get a lock box? Did she mean you pay for a lock box instead of her, as your agent, providing it and especially at a 7% commission? If so, well things sure have changed since I practiced in the States if some sellers are required to provide lock boxes instead of the agent - in a full service listing situation. Maybe I misread that part, but . . . guess that's why they do say each office is independently owned and operated 'cause if I'm reading your post correctly I'm just wanting to bang my head on my desk.

On the amount of commission that is negotiated, though I really thought the comment about feeding families etc. was rude, which is why I was initially 'assuming' (my bad) they were offering a high broker co-op to BAs to show your house, though most agents just want to find the right house for their clients; don't go 'oh, I'm only going to get X amount so I'm not going to show that house'. Now, I'm not talking about say a flat fee commission and, for example, maybe $500 or some pitiful amount like that for all of the hard work it takes. So guess what I'm saying is that I just don't understand any of this other than I wouldn't be too happy either if in your shoes - if I did in fact read your post correctly. Did I?
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Old 08-05-2009, 07:20 PM
 
3,756 posts, read 9,570,475 times
Reputation: 1088
Quote:
Originally Posted by c21boquetebocasgold View Post
Huh? I don't even know where to begin. First only God above knows when a house will sell - I literally tell sellers that when they ask 'so how long do you think it will take?' I just tell them while we'll promote it heavily and give it our best efforts there is no way we can guaranty when it will sell. That's just basic RE 101. Second, the new agent tells you that you need to get a lock box? Did she mean you pay for a lock box instead of her, as your agent, providing it and especially at a 7% commission? If so, well things sure have changed since I practiced in the States if some sellers are required to provide lock boxes instead of the agent - in a full service listing situation. Maybe I misread that part, but . . . guess that's why they do say each office is independently owned and operated 'cause if I'm reading your post correctly I'm just wanting to bang my head on my desk.

On the amount of commission that is negotiated, though I really thought the comment about feeding families etc. was rude, which is why I was initially 'assuming' (my bad) they were offering a high broker co-op to BAs to show your house, though most agents just want to find the right house for their clients; don't go 'oh, I'm only going to get X amount so I'm not going to show that house'. Now, I'm not talking about say a flat fee commission and, for example, maybe $500 or some pitiful amount like that for all of the hard work it takes. So guess what I'm saying is that I just don't understand any of this other than I wouldn't be too happy either if in your shoes - if I did in fact read your post correctly. Did I?
Yes, you understood the post 100 percent in its entirety. What I took from the "feeding the families" comment was that we would not get showings unless the commission was seven percent. Is anyone else picking up on this inneundo?
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Old 08-05-2009, 07:51 PM
 
Location: Hermoso y tranquilo Panamá
11,874 posts, read 11,060,394 times
Reputation: 47195
Quote:
Originally Posted by BLUEDIAMOND64 View Post
Yes, you understood the post 100 percent in its entirety. What I took from the "feeding the families" comment was that we would not get showings unless the commission was seven percent. Is anyone else picking up on this inneundo?
Commission aside for a minute, I understood 100% of what you posted?????? You having to provide lock boxes, being told it would sell in a specific timeframe, only way your house would get sold was at 7%, etc. etc. etc. EVERYTHING?
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Old 08-05-2009, 07:57 PM
 
3,756 posts, read 9,570,475 times
Reputation: 1088
Yes, I have sold a previous house without a lock box. Not by appointment, but always in the general area to be available for showings. Yes, the only way the house would get sold, because agents have to feed their families was listing it at seven percent. To be quite honest, I would not even mind the seven percent, but the history of the tranactions did not elicit good vibes. So, I did what the agent suggested: provided the lock box, and listed at seven percent.

To me a "professional" is one that works for the customer and is not greedy. I was also told that if the house was listed for five percent, it would not be shown.
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Old 08-05-2009, 08:45 PM
 
Location: Hermoso y tranquilo Panamá
11,874 posts, read 11,060,394 times
Reputation: 47195
Quote:
Originally Posted by BLUEDIAMOND64 View Post
Yes, I have sold a previous house without a lock box. Not by appointment, but always in the general area to be available for showings. Yes, the only way the house would get sold, because agents have to feed their families was listing it at seven percent. To be quite honest, I would not even mind the seven percent, but the history of the tranactions did not elicit good vibes. So, I did what the agent suggested: provided the lock box, and listed at seven percent.

To me a "professional" is one that works for the customer and is not greedy. I was also told that if the house was listed for five percent, it would not be shown.
At a 7% commission this should be a full service listing and what I'm just not getting is why YOU are being told you need to provide lock box, then the whole initially being told it would sell at X price within X timeframe etc. etc. etc. IMO that's just wrong. If you were doing a limited service agreement which, of course, would mean less commissions and consequently less service etc. I could understand if you were being asked to pay for certain things like lock boxes etc. - I never performed limited service type listings, so not sure what a seller has to pay for. (though it's still wrong to give a seller a definite time period a home will sell and make the families to feed comment.)

But for 7% listing commission that should mean a full service listing, the brokerage or agent providing lock boxes, full marketing etc. etc. etc. Also don't agree that on a straight sale, not SS or REO and those hassles, that a buyer agent would NOT show your home at a 2.5% BA fee though, of course, I don't know your area. I'd be fine with 2.5% and in fact down here where another brokerage has it listed at 5% we don't stomp our feet and go we're not showing that house - if that's the house our buyer wants, we show and sell the darn house.
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Old 08-06-2009, 08:16 AM
 
Location: Salem, OR
15,601 posts, read 40,524,491 times
Reputation: 17528
Quote:
Originally Posted by BLUEDIAMOND64 View Post
Yes, I have sold a previous house without a lock box. Not by appointment, but always in the general area to be available for showings. Yes, the only way the house would get sold, because agents have to feed their families was listing it at seven percent. To be quite honest, I would not even mind the seven percent, but the history of the tranactions did not elicit good vibes. So, I did what the agent suggested: provided the lock box, and listed at seven percent.

To me a "professional" is one that works for the customer and is not greedy. I was also told that if the house was listed for five percent, it would not be shown.
How long have you been on the market and what price range does your home fall into?
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Old 08-06-2009, 11:34 AM
 
Location: Just south of Denver since 1989
11,845 posts, read 34,497,539 times
Reputation: 9001
Well geez, I don't resent you.


You need to have another conversation with the owner of the brokerage. Outline your expectations. Demand a copy of your listing agreement.

Nothing is hard about that.
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