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And if I were that realtor, I would still show your home and try to sell it. Half of something is better than nothing.
People say the funniest things. I absolutely would NOT try to sell the home. He's not my cliennt. I have no obligation or motivation to sell his house.
If, however, his house happens to meet the needs of one of my buyer clients, I'd not hesitate to show it to that client. Why let the fact I blew one piece of business interfere with a clients need? (of course, I'd never have acted like the agent in the OP. But that's not the point.)
It's not an ethical violation to call and ask the question. In fact, he can call and solicit any business other than the one already under contract.
That said, I still think the agent who waits "a few months" after a presentation, and then only calls when he sees it got listed with someone else, is delusional and a poor real estate agent. How did he expect to get that listing, which was never promised to him if I read the OP correctly, with absolutely no follow up? I'd actually be surprised if any homeseller would ever call an agent like that to tell them they were going to hire someone else. Hell, it's likely they were forgotten if they didn't follow up for months.
I respectively disagree. The time to discuss it is before it hits the MLS and not after. The agent who did not get the listing specifically asked about that business that was listed with another REALTOR and in my eyes that is a violation of the Code of Ethics.
Standard of Practice 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)
And for the record, without wanting to cause a confrontation, it's my opinion that your "I'm available to answer questions but you'd have to initiate the contact" is more a violation of the spirit of the Realtor CoE than the call made by the agent in the OP. I can't call you becasue it violates the rules, but here's a way around that. Wink wink.
I see nothing wrong with informing a potential client what the rules are during the solicitation of their business as well as the reason why there will be no follow up during the listing contract of a competitor. There's no wink wink about, the public does not know that they can't be contacted and some have told me that they thought I was no longer interested in their business, when in fact, I was following the Code of Ethics. Now I inform them before their listing hits the MLS that if I do not win their business, I follow their listing closely, but that I can't initiate contact. If you think that violates the spirit of the Code of Ethics, I disagree.
Standard of Practice 16
When REALTORS® are contacted by the client of another REALTOR® regarding the creation of an exclusive relationship to provide the
same type of service, and REALTORS®
have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective upon expiration
of any existing exclusive agreement. (Amended 1/98)
I didn't get the impression he was soliciting for the listing. My take is that he was asking why he didn't get the listing. If that is the case then there would be no violation
I respectively disagree. The time to discuss it is before it hits the MLS and not after. The agent who did not get the listing specifically asked about that business that was listed with another REALTOR and in my eyes that is a violation of the Code of Ethics.
Standard of Practice 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)
The time to talk about it IS before it comes on the MLS. I agree that the phone call was a useless one. But that doesn't make it unethical, unless you interpret the call as soliciting the business. I don't see it that way. The OP said the agent expressed surprise that he didn't get the business, and seemed to be looking for a reason for that. He didn't ask the OP to cancel the contract and list with him.
The time to talk about it IS before it comes on the MLS. I agree that the phone call was a useless one. But that doesn't make it unethical, unless you interpret the call as soliciting the business. I don't see it that way. The OP said the agent expressed surprise that he didn't get the business, and seemed to be looking for a reason for that. He didn't ask the OP to cancel the contract and list with him.
Bill that is true. He did not ask anything.....a lot of awkward silence. I think he is a good guy, and sincerely hope he brings a buyer.
In my zipcode currently my home is the 3rd highest listed. The first two are currently $299k, and then my home which is at $269k. There are no homes in our town over $299k. Realtors have told us our home is priced right to sell. I know the market determines this, so we will see. It has been listed for 9 days now, and has been shown about 5 times this week. A brokers open house is scheduled for next week. My listing agent has good success with these, as she feeds the attendees well and gives giftcards away as door prizes. She gets written feedback on price, house condition, etc, from every broker and agent that attends......that should be honest info to use if we need to change anything.
I would not expect him to "work hard to sell my house"....but it is my understanding that MLS gives all Realtors a bigger array of product to sell. Some Realtors just work on getting listings, some work hard to sell anything they can, building a customer base and they are willing to show any home that they feel their client would be interested in. I'm probably naive, but I'm thinking the most successful Realtors work hard to get listings, work hard to sell.....basically work hard. If a Realtor is only willing to sell the homes they themselves listed I doubt they are doing anyone, including themselves, the best they could do.
NOT inferring that anyone here is like that.......thank you all!
People say the funniest things. I absolutely would NOT try to sell the home. He's not my cliennt. I have no obligation or motivation to sell his house.
If, however, his house happens to meet the needs of one of my buyer clients, I'd not hesitate to show it to that client. Why let the fact I blew one piece of business interfere with a clients need? (of course, I'd never have acted like the agent in the OP. But that's not the point.)
I assumed that is what they meant. That if you had a buyer you would still show them the house.
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