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Here is the scenario, I have a client that is really interested in a foreclosure but the property is not listed yet. I told them we would have to wait until the property is listed. He took it upon himself to contact the listing agent that had the notice posted on the door. She showed him the property. They set up a second showing and my client decided he did not feel right about this and asked me to meet him there. I called the (listing agent) I say that as it is still not listed and she proceeds to tell me there is no way to look at the property since its not listed. I did not mention my clients at this time, I decided to surprise her at the showing. She was surprised to see me and told them to leave. They came back after I left and went through the property anyway. She then called me and told me since she has so much time invested in them she should write the offer when it comes up. Did I mention IT IS NOT LISTED YET!
First off, let me say I'm not an agent, I just have worked in a real estate office for 15 years. Also, many rules are national, but many more are local and would vary from MLS to MLS. So take my response with a grain of salt.
In my area, this would be an MLS violation by the other agent. You can't advertise a house in any way, including putting your name in the window, if it isn't currently listed, or you have an agreement filed with MLS that it is an office exclusive. Your area's MLS rules may be different, though. Even "Coming Soon" signs are only allowed for periods of less than a week.
It would also, I believe, in all areas, be an ethics violation for them to not have asked the clients if they are working with an agent, and then to continue working with them after finding out they have an agent. I assume, since you called them your clients, that you are in a contract with them. If so, then the other agent is interfering in a contractual relationship, not at the beginning, since your clients didn't say they had an agent, but once you showed up with them at the listing, and then after knowing you were working with them, she still showed them the property after kicking you out, that is absolutely an ethics violation, in my opinion.
I don't think you did anything wrong. At this point, it isn't in your clients best interest for the "listing" agent to represent your clients, even if you weren't in a contract with your buyers. But if your client wants you to represent them, the seller isn't offering a commission at this time, so you'd either need a commission agreement, or else you'd have to work out commission with your buyer.
Thank you, tomorrow I was going to look up exact violations as I also believe there are many and report this agent. The infuriating fact was that she said she should work with them since she invested time.
Yeah, go ahead and report that agent to the LLR. I'd also contact the bank and inform them of the issue. Agents don't get to make those decisions, the buyers do. I hope you have an agency agreement in place.
I wouldn't say you are in the wrong. I'd recommend looking up your MLS rules in regards to prelisting/coming soon, I know my mls just changed to a 3 day maximum. If they are a Realtor report to local association. In addition check with what ever asset management company is in charge of the foreclosure and report your concerns to them as well. Sounds like the agent is being shady and trying to double end the deal.
In my area, MLS rules don't apply unless it's in the MLS. This property is not in the MLS, so no rules there are broken. Also, since the MLS is where there is a promise to pay the buyer's agent, this agent would not be entitled to a commission unless it was worked out prior to any offer being written as you can't, according to the code of ethics, negotiate commissions while negotiating a contract with clients. So, if you were in my market, you could write the offer up, but you wouldn't get paid... you would have to ask the buyer to pay you.
Here is the scenario, I have a client that is really interested in a foreclosure but the property is not listed yet. I told them we would have to wait until the property is listed. He took it upon himself to contact the listing agent that had the notice posted on the door. She showed him the property. They set up a second showing and my client decided he did not feel right about this and asked me to meet him there. I called the (listing agent) I say that as it is still not listed and she proceeds to tell me there is no way to look at the property since its not listed. I did not mention my clients at this time, I decided to surprise her at the showing. She was surprised to see me and told them to leave. They came back after I left and went through the property anyway. She then called me and told me since she has so much time invested in them she should write the offer when it comes up. Did I mention IT IS NOT LISTED YET!
If she did something illegal or that could damage her license I would suggest she lose that attitude.
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