Agent2Agent in New York>Question Details

Digidogdesign, Home Buyer in New York, NY

There is an active listing, I have an agent but the LA is stonewalling entry, the listing is also on Craigs List, I had a friend inquire and was grant

Asked by Digidogdesign, New York, NY Mon Feb 17, 2014

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12
Your agent will know what to do. That is the direction you should be turning, not to strangers on the internet. Real Estate operates differently in NYC so an assertive REALTOR will prove essential.
1 vote Thank Flag Link Mon Feb 17, 2014
If all else has failed, your agent's broker owner/office manager should really contact the listing agent's broker owner/office manager and address all concerns....
1 vote Thank Flag Link Mon Feb 17, 2014
I agree with the others - have your agent escalate -and if he/she has trouble then escalate to her broker to speak the listing brokerage.

Not cool!
1 vote Thank Flag Link Mon Feb 17, 2014
Have your agent call that agent's broker ASAP.
1 vote Thank Flag Link Mon Feb 17, 2014
Is this the only property you are interested in viewing? How bad do you want it? As an agent when I am faced with similar situations I simple walk away, in fact I have a "couple" of LA names on a black list, always the same issue.
0 votes Thank Flag Link Mon Feb 17, 2014
Great responses below for sure. As someone else mentioned, it does seem to be a "pocket listing." Available for sale but not really a co-broke situation. If it's an open listing, I would send your broker to talk with the seller directly. After all, the listing agent won't allow you access any other way. I'll bet the owner could care less as long as they get a good offer.


So the broker you're working with and you have signed off on the NYS Agency Agreement form yes? This is required by NYS law and has to happen at first substantial contact. Based on your statement of working with a broker, I believe you have a buyers broker agreement. You can work under that agreement but YOU can pay your broker's commission yourself. It does not always follow that the seller pays and that's a fact. Consider that and if it works for you, go for it. The listing agent won't care as it won't affect their money. Of coure if you don't want to do that you won't be in any other position than you are now. By the way, if your broker did make you aware of this listing, they would be considered the procuring cause of any resultant sale and can sue you for their commission if you move forward without them and they have some documentation of advising you on this property. Good luck.
0 votes Thank Flag Link Mon Feb 17, 2014
Don't give up! Do as others have suggested and call the managing Broker. Explain the situation to her and tell her you want to see the property immediately. Good luck and if it's meant to be it will be!
0 votes Thank Flag Link Mon Feb 17, 2014
If your agent is working with you as a buyers agent, they can work around the exclusive listing, if they know how skills, I don't know about NYC, although I think it's a state wide law, the listing agent must grant access to a buyer's agent for exclusive listings although not to sub agents.
0 votes Thank Flag Link Mon Feb 17, 2014
All answers here are helpful as to the proper course of action in normal circumstances. However, not all real estate firms are REBNY members and as such are not bound by accepted co-brokerage rules. These firms will mostly likely hold on to their own listing for as long as possible hoping for a direct deal where they not only represent the seller but the buyer as well. Of course this is unethical but unfortunately the way some do business. "Off market" listings (aka-pocket listings) are becoming much more common due to low inventory. Good luck!
Peter Forsman
Douglas Elliman
Licensed Real Estate Salesperson
peter.forsman@elliman.com
908-510-5642
0 votes Thank Flag Link Mon Feb 17, 2014
Here is my guess as to what's happening - you're probably looking at a low priced listing under $2000. The listing agent doesn't want to cobroke because he doesn't want to split the fee. And just because its on Craigs List doesn't add any authenticity to the listing. Probably at least half the listings there don't exist because they were rented while others never did.
Sure you can complain to the LA's broker but last time I looked, there was more than one apt for any client I ever showed rentals to. And by the time you gain access, its likely to be rented anyway.
Good luck. By the way, I would also suggest finding another broker to hang your license with. If you can't talk to him about something as basic as this, you need to be some place else.
0 votes Thank Flag Link Mon Feb 17, 2014
nope the listing is close to 300K If I started with one agent, and the listing agent is still stonewalling and I obligated to still go with the agent who is NOT being let in? The LA will let someone else in...I already had a friend call the private listing...this is listed as active in Listbook, urgh, I sold my apartment three months ago and I have cash and am being stonewalled from the home I want.
Flag Mon Feb 17, 2014
Your agent needs to be more hands on, if they can not reach the LA, go to their office, call the managing broker, they cant sit and wait for a call.
0 votes Thank Flag Link Mon Feb 17, 2014
Ask your agent to speak to the listing agent's broker.
0 votes Thank Flag Link Mon Feb 17, 2014
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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