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Our company attorney years ago drafted a 1 page "Agreement of Non-Representation". Anytime we are working with a party that is not represented by an agent we make sure they sign and understand that we do not represent them in the transaction.
We want to make sure and very clear to all parties who is and who is not represented.
Man, could this not be farther from the truth for any agent (or any reputable business owner) who intends to be in the business for any length of time.
I did not mean that the agent intended to be dishonest, or would sacrifice one sale for his or her geed , or rep. I refer back to human nature , survival , and the ups and downs in the market place. I have been a Broker/agent ( property-transportation) for over 40 years, have seen a lot , its just the way it is....... the biggest problem lies with the customer, often times they are less savvy, when it comes to marketing a home. For many , its a one or two transaction in a lifetime. The agent , that gets their home sold , in a timely manner, and , at a price they like , is the good guy. Referrals are the best way to build a business, but they can also be negative , for all the wrong reasons. An" Honest Broker" is what we all want to be ,or want to deal with, in any business venture. Real Estate is no different. Unfortunately , today , the owner needs to do his homework, treat the sale of his home , as , a business deal. Emotions have little place in this dog eat dog world, we have created.
Austin Willy.... I was wrong on this, it's not an agreement but a disclosure that we use. The object is to disclose that we don't represent someone so there is no confusion.
Quote:
"If you don't sign this document, I'll take MY buyer elsewhere!"
BTW, where did this come from? I don't believe I ever came off with this attitude.
BTW, where did this come from? I don't believe I ever came off with this attitude.
I didn't mean that you had that attitude. Sorry that it came off that way. I meant that requiring a seller to sign something is pushy. Sorry if I offended you.
If I was a seller, and you put this in front of me, I would laugh. Perhaps I would sign it, after crossing out everything I didn't like and writing in other statements that I wanted you to agree to.
What is it about agents that makes them think they can "require" people who have no contractual relationship with them sign documents? This is the control aspect of the industry that is so bothersome.
"If you don't sign this document, I'll take MY buyer elsewhere!"
Our state has something similar. It's not a scary thing, essentially it says that the seller is NOT being represented by the agent. What happens sometimes with FSBO's is they start to rely on the buyer agent to guide them through the process. What this does is place the buyer agent in a position of undisclosed dual agency.
It's not a control position, it's doing exactly what you are talking about in putting it into writing that there is NO contractual relationship. It's a liability reduction (ie avoiding a lawsuit or suspension) for brokerages. We don't want to lose our licenses for practicing undisclosed dual agency.
Sometimes people don't realize that they don't know what they are doing until they are in the middle of a transaction. It's hard for FSBO's who know what they are doing to understand this sometimes.
It has nothing to do with wanting to be in control.
What is it about agents that makes them think they can "require" people who have no contractual relationship with them sign documents? This is the control aspect of the industry that is so bothersome.
It sounds like a version of the "Information on Brokerage Services" rather than a contract. The seller is being asked to sign that they are aware that they are not being represented by this agent. If they've got a problem with that, and the buyer really wanted the house, we'd move forward, but I'd be saying buyer beware every step of the way. Why on earth would a FSBO seller (or you, Austin-Willy, except for your apparent irresistible impulse to "mark" contracts written by other attorneys so they're "yours" ) object to signing something acknowledging that the agent was not representing them but only the buyer? Unless, of course, they were hoping to sell FSBO and get the benefit of representation without paying for it.
If I was a seller, and you put this in front of me, I would laugh. Perhaps I would sign it, after crossing out everything I didn't like and writing in other statements that I wanted you to agree to.
What is it about agents that makes them think they can "require" people who have no contractual relationship with them sign documents? This is the control aspect of the industry that is so bothersome.
"If you don't sign this document, I'll take MY buyer elsewhere!"
Have not read this doc but most forms like this are not "required" if not state mandated. If you were a seller without representation and I was representiing a buyer client, state law requires that you at minimum understand that relationship and acknowledge it on an agency doc w/ format provided by the state. Perhaps I read it wrong but you imply it is the realtor who institutes the controls in the industry as a means of controlling the buyer. As usual it is gov't protecting the consumer.........whether they need it or like you probably do not and as usual creating unitended consequences. If you refuse to sign the state mandated form or were combative re the signature, I would just ask you to state so on the form and initial that statement. Must have been much easier when buyers agency was non-existent and all realtors represented the Seller........for realtors at least.........less liability also.......... I find taking extra steps to avoid legal action bothersome.........Rakin is just executing the wise action. For ex. : even if I understand my buyer fully understands and believes that I have recommended a home inspection but the buyer refuses.........I have thenm sign a doc stating so..............why? If something turns up defecient, i am sure the level of understanding might change...I work too hard to pay for those and any other potential mistakes or supposed lack of understanding
Last edited by OCNYISHOME; 06-10-2008 at 11:12 AM..
Reason: add
I recently had one of my homes for rent but since the comminty doesn't allow for rent signs I put up a FSBO sign with my own phone number. I got many, many calls from (ofcause neighbors who just were interested in the price) potential buyers, renters and agents. Most agents just asked if I would be willing to work with an agent and were very polite, some tried to convince me to have an agent rent it out for me and manage it for me, without pushing me...which I don't mind since that is their business. A few were plain rude in the way the approched me...telling how stupid I'm and/or just telling me that I have to pay them at least 1 months rent to have it rented it out or I will never rent it out because they won't show my home....
1 Realtor went so far to say that he had a client with him in the car and he could show the home...I told him I would be there in less than 5 min, but he said that was taking too long. He wanted to go in with using the lockbox....weird since there was no lockbox on the door....He than stated his client couldn't wait any longer and he would call me back....he did an hour later to ask me how much I would pay him for the referral...I told him I would have to think about it since to me this was all not making any sense. Later that same day a lady calls me and tells me she was with the realtor in a car driving behind him and she didn't want to go in my house with him since he was just a realtor showing a home she had called for and not her realtor...I showed her the home and she stated that he was so rude and try to have her sign a contract with him...which she didn't do.... This is just an example of agents making the market bad and luckily there are others.
To me if an agent doesn't want to show my FSBO...that is his choice and he is missing out on a easy deal....I don't understand why I should sign a contract stating a agent is not representing me, isn't that the world up side down. If I don't have a reprenstation contract that means I don't have representation, that is why I have FSBO and doesn't that say enough....I really would have to think hard to sign that paper.....makes no sense to me.
I completely understand why you would want it to be signed - it protects you and offers zero to the seller. Why on earth would a seller want to give you something for nothing? Can you imagine what life would be like if everyone operated this way? As an attorney, I would walk around with a stack of disclosures and before I spoke with or did business with anyone, I would require that they sign lest I be accused of representing this person.
If you want to give someone notice, send them a certified letter. Otherwise you should expect to compensate me in some way for giving you what you want. As a seller, I'm not in the business of protecting you out of the kindness of my heart.
With all due respect, as the buyer's agent, you represent nothing more to a seller than another outstretched hand at the closing table (I'm NOT implying you don't provide value to the buyer). It is your client that I'm after. And if an agent refused to facilitate the transaction on behalf of its client due to a seller's unwillingness to give the buyer's agent this comfort, the buyer's agent is simply getting in the way of the deal.
On the other hand, if the buyer wanted something, and in exchange they were willing to give something back (e.g. The purchase price) I would be much more open to the idea.
The attitude that, as THL said, the seller shouldn't have the right to put its own statements into this document just reinforces my thoughts about agents and control, and the something-for-nothing aspect of this type of document.
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) object to signing something acknowledging that the agent was not representing them but only the buyer? Unless, of course, they were hoping to sell FSBO and get the benefit of representation without paying for it.
Non Representation
