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While I agree that you lost some exposure, her actions also cost her as well. She lost 15 days of potential sign calls and an opportunity to get an offer on your house before the contract expired. Having a sign up is one of the best advertisements an agent can have even if she does not get and offer on your house. You are correct she is obviously very immature and overreacted.
You could complain to your state's Dept of R.E., she may get a letter from them. But you probably won't get anything.
Exactly, she definitely gave up. She reminded me of a spoiled only child. Which she may be.
I work in sales as well and I can't imagine doing what she did, what a missed opportunity.
I personally think she has some personality problem, she was highly reactive and confrontational on any suggestions. Who knows how many prospects she ran off?! She tried to bully me into a year contract, thankfully because she is not with a big firm I didn't sign up for that...I should have trusted my instinct because in that moment I saw her show her true colors, and her personality was not pretty.
A horse trainer FB friend recommended this gal as she was her riding client and friend, big mistake on my end.
FWIW, You could have signed a new listing agreement at any time, with the "Live" date to be the date after expiration of your listing. That would have given your new agent plenty of time for photos, and to put together a top-notch marketing plan presentation.
No agent is allowed to even discuss listing the home as long as there is another valid listing such as your was. Good way to get an agent in trouble, if they go along with this scene. It is called agency under the law. It could get the new agent in trouble with the state, and with the Board Of Realtors.
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Probably after the fact, but, why not simply erect your own FSBO sign? If you happen to get a buyer or interested party, the agent could hardly argue that it came through their efforts or listing. Then after your contract listing expiration date, simply move ahead with the private sale.
It is against the contract for you to put up a FSBO sign while it is listed with an agent. The agency agreement, would force you to give the listing commission if the property is sold during the listing period, even if you sold the home yourself.
Signs on your property rarely sell that particular property. They are just adds for the agency, to help them find buyers who they can sell any home to. Yes they are a big aid to the agency as the Realtor above said, but it is not your home that usually gets sold due to the sign. Agents put up signs to let the neighborhood know they are working in that area, and sometimes helps get listings.
I had my own commercial/investment/exchanging real estate brokerage office from 1972 till finally retired for good. In all those years, I never even owned a sign, and I know many of the high producers that never put up a sign anywhere. I sold 2 smaller upscale apartment houses my first 3 days in the business, and the following week exchanged a large apartment house as the down payment on a very large irrigated farm and signs were not responsible for this business. In that 10 day period, I sold more dollar volume than most agents move in a year.
The MLS and agents all over town will be looking to sell your property, when they have the right client. It should still be in the Realtors Internet Site. Don't let the absence of a sign cause you to lose and sleep.
No agent is allowed to even discuss listing the home as long as there is another valid listing such as your was. Good way to get an agent in trouble, if they go along with this scene. It is called agency under the law. It could get the new agent in trouble with the state, and with the Board Of Realtors.
This is not true in the State of Oregon. We can sign listing agreements with future clients to start the day after a listing expires. As long as the consumer is the one that initiates the interaction, we can do it. If we did it your way, clients would be stuck with bad agents and miss marketing time interviewing new agents. Oregon gets that is a bad deal for consumers so they can call around and start interviews while under contract with an agent, select their new agent, and have a signed listing agreement that starts the day after the old one ends.
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Originally Posted by oldtrader
It is against the contract for you to put up a FSBO sign while it is listed with an agent. The agency agreement, would force you to give the listing commission if the property is sold during the listing period, even if you sold the home yourself.
This situation is dubious because Oregon has abandonment clauses that allow clients to move to another agent if they have been abandoned, and we have fiduciary duties. Fiduciary duty #7 states (7) Unless agreed otherwise in writing, to make a continuous, good faith effort to find a buyer for the property, except that a seller's agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale. Pulling off the sign and removing it from the MLS is a clear violation of her fiduciary duties to her client.
This is not true in the State of Oregon. We can sign listing agreements with future clients to start the day after a listing expires. As long as the consumer is the one that initiates the interaction, we can do it. If we did it your way, clients would be stuck with bad agents and miss marketing time interviewing new agents. Oregon gets that is a bad deal for consumers so they can call around and start interviews while under contract with an agent, select their new agent, and have a signed listing agreement that starts the day after the old one ends.
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Signs on your property rarely sell that particular property. They are just adds for the agency, to help them find buyers who they can sell any home to.
LOL WHAT? While it may be statistically true because there are so many properties that are dogs...that makes no sense.
My mother's house sold the very FIRST DAY the realtor put a sign up. The buyer called within HOURS.
And we had 5 people call wanting to buy it within 24 hours.
It was a ranch in a desirable neighborhood without many ranches and not cheap. It was listed at $600,000 in 1999 and the buyer offered $625,000 cash quick closing.
I bought my condo in ONE DAY in 2008 after driving by and seeing an open house sign for a different property in the HOA. My agent just happened to not advertise my condo yet because it was brand new so she showed it to me.
This is not true in the State of Oregon. We can sign listing agreements with future clients to start the day after a listing expires. As long as the consumer is the one that initiates the interaction, we can do it. If we did it your way, clients would be stuck with bad agents and miss marketing time interviewing new agents. Oregon gets that is a bad deal for consumers so they can call around and start interviews while under contract with an agent, select their new agent, and have a signed listing agreement that starts the day after the old one ends.
If you are a Realtor, if you do this you are breaking the code of ethics all Realtors agree to to belong to the National Association Of Realtors.
Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS ® Effective January 1, 2012
Standard Of Pracatice 16-4
REALTORS® shall not solicit a listing which is currently listed exclusively with another broker.
However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing. (Amended 1/94)
As long as the expiration date date of the listing is known by the Realtor agent, listing the property is not to be discussed with an owner. With the exception if the agent refuses to give the other agent either in the listing information or when asked, then the agent may contact the owner to get this information and discuss future listing. As long as the information in this one exception is available to the other agents/brokers, if they try to set up the listing before the day after the listing expires, one is breaking the Realtor Code Of Ethics.
If you are a Realtor, if you do this you are breaking the code of ethics all Realtors agree to to belong to the National Association Of Realtors.
Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS ® Effective January 1, 2012
Standard Of Pracatice 16-4
REALTORS® shall not solicit a listing which is currently listed exclusively with another broker.
However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing. (Amended 1/94)
As long as the expiration date date of the listing is known by the Realtor agent, listing the property is not to be discussed with an owner. With the exception if the agent refuses to give the other agent either in the listing information or when asked, then the agent may contact the owner to get this information and discuss future listing. As long as the information in this one exception is available to the other agents/brokers, if they try to set up the listing before the day after the listing expires, one is breaking the Realtor Code Of Ethics.
The COE deals with only solicitation by the member REALTOR.
The COE does not regulate the consumer in any way, and the consumer is free to solicit the REALTOR, who is then able to offer a listing agreement at any time once the consumer has made the inquiry.
Most home sellers know when their listing agreement is scheduled to expire, and do not want to lose marketing time. The COE does not tie their hands.
The NCAR form I cited is produced by the North Carolina Association of REALTORS, and I readily assume that the way they present the topic, in the language within the form and in classes, is in compliance with their COE.
We routinely see homes relisted with a new agent the same day of expiration or the next day after a listing expires. That is the work of a proactive seller, not of a REALTOR violating the COE.
The COE deals with only solicitation by the member REALTOR.
The COE does not regulate the consumer in any way, and the consumer is free to solicit the REALTOR, who is then able to offer a listing agreement at any time once the consumer has made the inquiry.
Most home sellers know when their listing agreement is scheduled to expire, and do not want to lose marketing time. The COE does not tie their hands.
The NCAR form I cited is produced by the North Carolina Association of REALTORS, and I readily assume that the way they present the topic, in the language within the form and in classes, is in compliance with their COE.
We routinely see homes relisted with a new agent the same day of expiration or the next day after a listing expires. That is the work of a proactive seller, not of a REALTOR violating the COE.
I agree with Mike 110%. There are a couple of things to remember here. First, homeowners are not Realtors and therefore the COE does not apply to them. They are fully within their rights to solicit the services of a new agent while still in a contract with their old agent. I too regularly see MLS listings get cancelled or expire and in the same day list with a new agent. There's nothing wrong with that. Second, I would also point out that the Realtor COE does not apply to agents who are not members of a Realtor organization. So, there are plenty of agents out there who are not bound to follow these rules.
If you are a Realtor, if you do this you are breaking the code of ethics all Realtors agree to to belong to the National Association Of Realtors.
Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS ® Effective January 1, 2012
Standard Of Pracatice 16-4
REALTORS® shall not solicit a listing which is currently listed exclusively with another broker.
However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing. (Amended 1/94)
As long as the expiration date date of the listing is known by the Realtor agent, listing the property is not to be discussed with an owner. With the exception if the agent refuses to give the other agent either in the listing information or when asked, then the agent may contact the owner to get this information and discuss future listing. As long as the information in this one exception is available to the other agents/brokers, if they try to set up the listing before the day after the listing expires, one is breaking the Realtor Code Of Ethics.
No they aren't. You are misinterpreting this. You can't solicit a listing, but you can respond to a consumer that calls you. You also better not call the owner to find out the expiration date in Oregon. That's against our State laws and is considered solicitation.
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