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Not sure where you are, but in Texas, if one side is represented, the other agent cannot speak to the other agent's client without expressed permission from that agent to do so. It's crossing lines. The buyer is represented, and if the buyer calls the listing agent, any good listing agent will refer the buyer right back to their agent.
Not sure where you are, but in Texas, if one side is represented, the other agent cannot speak to the other agent's client without expressed permission from that agent to do so. It's crossing lines. The buyer is represented, and if the buyer calls the listing agent, any good listing agent will refer the buyer right back to their agent.
The client is in control of the level of agency representation they want. If a client says "speak directly to me," then there is nothing illegal about doing so. An agent cannot prevent their principal from dealing directly with the other side. You are suggesting that the tail wags the dog.
That's what I was thinking about because I throught I did something wrong. The listing agent was so upset, hope he will get over it, I really did not know...
That's what I was thinking about because I throught I did something wrong. The listing agent was so upset, hope he will get over it, I really did not know...
He is working for you. You don't work for, or at the direction of, him. It takes a lot of nerve for an agent to try to tell their principal what to do, other than to compensate them as required by your agency agreement.
The simplest way to understand an agency relationship is summed up as follows: "Succinctly, [agency] may be referred to as the relationship between a principal [in this case you, the buyer] and an agent [your real estate agent] whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf."
Notice how the agent works under the principal's control and on his behalf, not the other way around?
He is getting upset because he thinks you are trying to go around him and he probably thinks that he can do a better job than you can. Which may be true. Then again, you said he hasn't been able to get a response from the seller's agent, so it doesn't sound like that's the case.
Regardless, you have every right to communicate with whomever you want to, subject to the terms of your listing agreement. That agreement very likely has provisions that are intended to prohibit you from dealing directly with a seller in a way that cuts your agent out of a commission, but it shouldn't prevent you from dealing directly with a seller (or their agent) so long as your agent gets their commission. If it does prohibit that, it is a ridiculously one-sided agreement, and any brokerage that uses such a form is taking advantage of the public.
I have had clients of other agents contact me directly either by email or phone. I just shoot off an email to the agent to let them know we had a conversation.
It is not my preference to have the other party contact me, but I don't freak out about it either. The only reason I don't like it is because of the increased chance for miscommunication or misinterpretations. I just prefer to have one contact point.
Honestly it really just depends on what your questions are. Listing agents don't like to be put in the position of giving advice to the other side.
The client is in control of the level of agency representation they want. If a client says "speak directly to me," then there is nothing illegal about doing so. An agent cannot prevent their principal from dealing directly with the other side. You are suggesting that the tail wags the dog.
As a LISTING agent, I will NOT speak with the buyer if/when the buyer calls me. It's their agent's job to do their job. If the buyer's agent wants me to talk with their client, they aren't representing their client to the fullest, and according to my listing agreements, the buyers' agent is entitled to a very different commission. Does the agent want to get paid to do their job, or do they want a reduced pay for me to do their job?
You like to throw out "legalities" but you have no idea the actual "practice" that goes on day to day. Each principal is represented, and they need to use their representation.
As a LISTING agent, I will NOT speak with the buyer if/when the buyer calls me. It's their agent's job to do their job. If the buyer's agent wants me to talk with their client, they aren't representing their client to the fullest, and according to my listing agreements, the buyers' agent is entitled to a very different commission. Does the agent want to get paid to do their job, or do they want a reduced pay for me to do their job?
You like to throw out "legalities" but you have no idea the actual "practice" that goes on day to day. Each principal is represented, and they need to use their representation.
I am well aware of the fact that agents would prefer to deal with each other... single point of contact and all that. Chance for miscommunication. Silverfall's points are well taken and I don't disagree at all.
But your point that you are doing the buyer's agent's job is not correct in this case. If the buyer's agent called you, you would respond to them, as that is YOUR job. If the buyer (instead of their agent) called you, and if you responded to them, that would be doing the exact same job, from your standpoint. The buyer's agent may not be doing their job (depending on what their agency agreement says), but you're not doing their job either. You would be doing YOUR job.
You make a big deal about the buyer's agent "representing their client to the fullest," well it is NOT YOUR JOB, to make sure the buyer is fully represented. YOUR JOB is to work on behalf of YOUR SELLER to get the HOUSE SOLD.
If I was a seller and I knew that you refused to facilitate a deal except only and exclusively through the other agent, even if the buyer THAT I WANT TO SELL MY HOUSE TO, prefers to handle their own stuff, you would be FIRED so quickly you wouldn't know what hit you. I hope you tell each of your clients how you practice before you lock them into a contract.
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