Home Buying in 07030>Question Details

Marie Sander…, Home Buyer in 07306

I walked into an open house last weekend and the agent told me that I had to work with her to buy that property. I told her that I was working with

Asked by Marie Sanderson, 07306 Sun Jul 25, 2010

an agent as I was leaving, and she told me it didn't matter because he didn't accompany the tour. Can this be true? I'm considering an offer, but don't want to screw over the realtor I've been working with the past year I would have thought that an open house is open to the public without obligation. Please help

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I am so tired of agents telling you to report agents that violate the ethics code. First you should read the ethis code. If you are in fact upset because an agent intimidated you and was in violation of the code and you feel this was a deliberate act then by all means report the agent. Otherwise just call your agent and tell him/her that you want to put an offer in on a property. Tell them what property, how much you want to offer and the terms of your offer. If you need help with this information then ask your agent for advice. That is what we do. We advise. Good luck.
2 votes Thank Flag Link Thu Nov 18, 2010
When I hear stories like this it maddens me. It's Realtors like this that give us all a bad name. An Open House is just that and Open to the general public to come through and tour the house with no pressure. You are completely within your rights to continue to work with your present realtor and kudos to you for being faithful to him/her.
2 votes Thank Flag Link Wed Nov 17, 2010
Fellow Realtors,
This question was posted back in July. The buyer as a natural progression later asked questions about other properties and then lastly in October asked about flood certs. I would guess from her questions that the he buyer has moved on, not only from that property but probably to the contract stage or toward closing on a different property.
Can we let this question rest?
2 votes Thank Flag Link Wed Nov 17, 2010
Thank you for sticking by your agent that has worked so hard for you. I appreciate your loyalty. The agent holding the open house is wrong and I think the seller would be very upset it they were to find out that someone that is supposed to be working for them made a potential buyer feel uncomfortable. Call your agent and have him deal with the other agent. Don't even worry about any more. Good luck!
1 vote Thank Flag Link Fri Nov 19, 2010
Isn't it a violation of our Realtor Code of Ethics to interfere with the agency relationship of another Realtor?

Marie, if you told this agent you are working with another agent, they are violating our ethics code and can be fined. Report this person to your agent, who should report them to their local and or state Board of Realtors.

This stuff makes steam come out of my ears!
1 vote Thank Flag Link Thu Nov 18, 2010
the Buyer Broker agreement between the agent and client will prevail. Know the agency relationship you have with every realtor! If you have chosen an agent that you want to work with that agent has an agency to you and you should engage in a buyer broker agreement which will protect you and your agent!
Note agency is disclosure...buyer broker is a contract!
1 vote Thank Flag Link Thu Nov 18, 2010
What happened to "ethics"? This is very upsetting to me.
1 vote Thank Flag Link Thu Nov 18, 2010
Personally, this is why I offer my customers to work under contract with me. It protects both my buyers and myself in this sort of situation. You are under no obligation to work with the agent from the open house. For an agent to claim that you "must" work for them because you attended their open house is completely false. This type of agent is not a rarity, and many times they will not make any effort to show you around the house if you are working with another agent. If you like your agent, and wish to continue working with them, always disclose at an open house that you are working with another agent.
1 vote Thank Flag Link Thu Nov 18, 2010
You are under no obligation to be at an open house with your agent. If you are signed up with an agent you need to disclose that you are working with an agent. If you are not contractually in a relationship with an agent, you can do whatever you want. But you have every right to go out and get your own agent. You are never required to be forced into dual agency. In fact, it's in your best interest to have your own agent representing you, rather than the seller's agent who must act on their behalf first and foremost.
1 vote Thank Flag Link Wed Nov 17, 2010
There is your answer right there, you should not visit houses on your own, when you work with an agent, unless you both have agreed differently. In that case your agent should give you couple of her business cards. Some selling centers specifically request that an agent must accompany a client at the 1st visit and register the client. All clients should be careful when approaching open houses. This is the listing's agent chance to find a client on her own, so she doesn't have to give up part of her commission. On the other hand it is not your fault. You are not a pro in this profession. First of all your agent should educate you, so you don't run into situations like this in the future. Second, the listing agent didn't behave professionally, nor ethically. When you told her that you work with an agent, she should write it down and ask about your agent's name, or even a business card. You are right to worry about your agent's commission because she is working hard for you, and she is working at this moment for FREE, right? You don't pay her for showing you houses, so it is only fair that when she helps you find a house, she should get paid. And because it is not coming out of your pocket, you should be double careful and loyal to your agent. Regarding that specific situation, I am afraid, that even if your agent puts an offer for you on this house, she won't get paid. It is called a procuring cause. The best you can do is to ask your agent to talk to her broker, so he or she can call the other agent's broker and discuss this before you present an offer. This might help to protect your agent's interest in the cooperative compensation. Good luck!
1 vote Thank Flag Link Wed Nov 17, 2010
What the agent at the Open House should have asked you is, "are you working with another agent"?
otherwise, I would love to work with you.
1 vote Thank Flag Link Wed Nov 17, 2010
Great answer Lisa...I guess some people forgot the "ethics" part of our business.
1 vote Thank Flag Link Wed Nov 17, 2010

Good Evening.

As long as it wasn't a new build/spec home, where-as they (the sales reps) make it ery clear, your agent needs to be there with you on the first visit, then you are free and clear to use your agent. I would suggest
you carry your REALTORS business card and show or give it to the other agent, leaving no doubts.

There have been a couple of issues in ref to procuring cause, w/o a signed and vaild BBA between a buyer and an agent, but again for the most part, you can use whomever you want as your agent.

I hope that helps.

1 vote Thank Flag Link Wed Nov 17, 2010
These types of horror stories I hear all the time and it frustrates me to death! It is sad that agents try and "bully" or coerce buyers into thinking that they can only use them in order to purchase a property. Most buyers like yourself are truly misled and believe that you have to only use them. Its not until after the deal is completed that most buyers realize from talking to someone else or their own research that they did not in fact have to use the listing agent but could have had representation from any agent you chose.
I would continue to use the agent you have worked with for many months now and in fact tell your agent about the unethical actions of the other agent that is in their market area. I hope everything works out great for you and you do in fact purchase the home.
1 vote Thank Flag Link Wed Nov 17, 2010
It sounds like trouble and keep your guard up the entire process. When an Agent makes false statements that is clearly wrong she is gives us good agents a bad name. You can do not have to use her to purchase this property however there is only one exception to this....

If she works for a developer and this is a new home then yes your agent would not have a right to claim a commission however exceptions can be made but it is not your battle. Let your agent work this issue out and if you want this house then have your agent contact the other agent to write an offer.

Good Luck!

Jason D. Coriano
1 vote Thank Flag Link Tue Nov 16, 2010
Old Post, but had to respond!!!!

That is not true. The Open House Agent feels she has "procuring cause" just because you came into the open house. If you are working with an agent that has shown you other homes, you've relied on them to assist with mortgage preapprovals, your agent can schedule another showing with you to see the home on another day and will have procuring cause. Walking in does not make her your agent.

Janet Larsen, Broker/Associate
Remax Connection
Web Reference: http://www.njrealtorjan.com
1 vote Thank Flag Link Sat Nov 13, 2010
It's possible that the agent was not the listing agent. In other words, the agent was holding the open house for someone else who actually had the listing. Agents do this in the hope of finding Buyers to work with.

She was probably upset because she did not stand to earn anything working with you unless she were the one to write your offer. Her behavior was unprofessional and likely unethical as well. You are under no obligation to work with the agent who held the open house.

Explain things to your agent and let him/her write your offer.

Warm regards,
Maggie Hawk, REALTOR
(386) 314-1149
Watson Realty Corp.
1 vote Thank Flag Link Sun Jul 25, 2010
Marie, if it's a resale, you and your agent have nothing to worry about. The agent at the open house was completely unethical and lied to you about who can and cannot represent you. He or she cannot force you to buy exclusively through her.

Another agent that should have her license revoked.

Scott Miller, Realty Associates, Boca Raton, FL
1 vote Thank Flag Link Sun Jul 25, 2010
A realtor cannot force or require you to use them for a transaction.
However procuring cause can be an issue because your agent should accompany you to all properties that you want to see. Usually the listing agent doesn't care who is the buyer's agent because they do not care who they split the commission with and so they do not fuss over the procuring clause issue. However, in this case it seems that the listing agent has the intentions to keep all the commission to herself therefore she might make a fuss over this clause. Have your realtor contact her and have this straightened out if you are really interested in making an offer on this property.

For future reference if you really want to protect your agent's commission I would suggest you have your agent contact the listing agent before you walk into the open house if your agent cannot be with you at that moment. This will help solve some of the procuring clause issue.
Web Reference: http://www.DavidNewHome.com
0 votes Thank Flag Link Fri Nov 19, 2010
Your Buyers Agent does not have to be with you every time you look at a property. My buyers go to open houses all the time without me. That does not mean that you shouldn't be represented. The listing agent in your case is wrong, wrong and wrong. It certainly would not be fair to your Buyers Agent who has spent time with you getting you started in your property search just because you happened into this open house without him. I always ask my buyers to please put my name on the sign-in sheet so the listing agent giving the open house knows they are working with an agent, me.
Stay loyal to your agent, they have invested time in you.
Hope this helps, Jeff Persons ABR http://wesellboston.net/
0 votes Thank Flag Link Fri Nov 19, 2010
Hello Marie, Hot topic!! Agree with the "call your Agent" crowd. However it does still unnerve me that Realtors are using this approach.At an Open House, I generally ask this question quickly and treat all parties the same way. Remember Realtors you are representing the SELLER not yourself at an Open House!
0 votes Thank Flag Link Fri Nov 19, 2010
The best way to avoid this is to disclose that you're under contract with an agent as you walk in the door. During our consultation, we explain this to our clients and have them give our card instead of their info. However you still have the option to use the agent you wish. The seller wants to sell, and if you want to buy, then make the offer with your agent and let the two agents work out the rest. Best of luck and enjoy your new home.
Web Reference: http://www.treugroup.com
0 votes Thank Flag Link Fri Nov 19, 2010
Dear Marie:

You are correct that you can continue work with the realtor, you have been working in the past year. Good luck.
0 votes Thank Flag Link Thu Nov 18, 2010
You have the right to work with the Realtor you have been working with. You are correct
open house are designed to give the public an opportunity to view the home without obligation.
Call your Realtor and have he/she show you the Property and than write up your offer and submit to the Listing agent, Good Luck
0 votes Thank Flag Link Thu Nov 18, 2010
If this agent is the listing agent or affiliated with the listing office they cannot force dual agency.
0 votes Thank Flag Link Thu Nov 18, 2010
It would be a good idea to call your listing agent and have them speak with the selling agent directly. You are able to work with any agent you feel comfortable with.
0 votes Thank Flag Link Thu Nov 18, 2010
All areas do things just a little bit differently so I don't proclaim to know how things are handled in New Jersey.
However, when one is working with an agent to find a house it is always good for the Realtor to explain the process for your area. It sounds like you are a good loyal client wanting your Realtor to get paid for all her hard work over the last year! I commend you for that!
I agree with you that an OPEN HOUSE should be just that. Open to anyone. It is the professional's responsibility to ask you if you are working with another agent. I coach my client's to sign in with their name and MY name when entering the open house. That way there is no question even if the attending Realtor does not ask the appropriate question. You could also give your Realtor's card to the Open House Realtor and ask if its ok to look around. I can't imagine a legitimate Realtor turning you back...but if they do then I would call your own Realtor right on the spot and ask her to talk to the other Realtor before proceeding.
Any listing Realtor's job is to market and SELL the home. We hold open houses for the public to view the house and hopefully find a house that they have not seen before. We also hope to pick up new clients for either that house being held open or another house if that is not the right house for the client. However, it is not ethically
right for the Realtor holding the open to tell you that you can't work with your own Realtor when she finds out at the open house. She had no time or money invested in you and she would have still gotten a commission as the listing Realtor. It is a definite WIN WIN situation if she gets a contract on the houes!
If that Realtor wants to hold you accountable for some RULE then she needs to be held accountable as well for trying to steal someone else's client.
0 votes Thank Flag Link Thu Nov 18, 2010
Personally, this is why I offer my customers to work under contract with me. It protects both my buyers and myself in this sort of situation. You are under no obligation to work with the agent from the open house. For an agent to claim that you "must" work for them because you attended their open house is completely false. This type of agent is not a rarity, and many times they will not make any effort to show you around the house if you are working with another agent. If you like your agent, and wish to continue working with them, always disclose at an open house that you are working with another agent.
0 votes Thank Flag Link Thu Nov 18, 2010
It is a public open house for the public. An agent does not have to accompany you to the open house. You said you were working with an agent....it should end there! Please stay true to the agent you were working with and do not let a listing agent make you sway your loyalty.
0 votes Thank Flag Link Tue Nov 16, 2010
Nope. A buyer can use any agent he or she wants with a few exceptions. If the property is new, and your agent hasn't registered with the builder, then you could have a problem.
0 votes Thank Flag Link Tue Nov 16, 2010
The answer depends on several things. Do you have a valid Buyer's Agency contract with your Realtor? The Realtor at the open house does not have a business relationship with you, and is trying to steer you. Have your Realtor show the home to you, then proceed with an offer.
0 votes Thank Flag Link Tue Nov 16, 2010
Contact the homeowner and tell the seller what the "paid help" is doing, then tell them you would be interested in their home is the fired the idiot realtor.

Real Estate Agents have been known to force /steer buyers to use their services, forced to use specific loan officers and title services, inspection companies.

You are the buyer, it is your choice to whom you wish to use
0 votes Thank Flag Link Tue Nov 16, 2010
There may be some rational behind the logic being used by the agent holding the open house, but, I don't believe it is written in such a way to bar any buyer from buying any house they choose, nor bar that buyer from selecting their own representation for the resulting offer and purchase. Having said that, you must be aware that there are new home developments that have rules like this in place that require a buyer to be "registered" by the accompanying Realtor if that Realtor expects to get paid. Interestingly, some of these new home development even allow the whole transaction to take place without the accompanying Realtor's input, e.g., their own representatives write their own purchase agreement, on their own forms, and with their own terms and conditions. The accompanying agent simply gets a "referral fee" (albeit the equivalent of a "regular" commission, in some cases!).

Now, if you were not at a New Home development, you may force the issue by having your existing agent do their part to bring you around to the house (a second time), and get there with you by making an appointment for the two of you, and after that, write the offer you want to put on the house -- this way you keep things in the right sequence of events, and there would be no issues about who did what and how. It is a bit tricky when the lister puts on such conditions.
0 votes Thank Flag Link Tue Nov 16, 2010
Ask the agent who was at the open house what the Board of Realtors would think about the situation, and who they would side with.

Realistically this is one of the most messed up issues with Realtors today. Most Realtors can't fend for and make a living for themselves, so they fight and scrape for every piece of business whether they are entitled to it or not. Things like this are what gives a Realtor a bad name. Yes, your agent should have been accompanying you, but the other agent is not acting in your best interest because she is not representing you.

Your agent can represent you, but it will probably go to arbitration to figure out who gets the commission, and unfortunately for your agent arbitration is a bunch of morons who don't take things like contracts and laws into consideration. Arbitration is there for the weak Realtors who can't do business the right way, in my opinion. "I didn't follow rules, but I still did something so pay me!" Rediculous, but we as Realtors have to agree to arbitration to be Realtors.
0 votes Thank Flag Link Tue Nov 16, 2010
Dear Marie,
This is precisely the reason that I work with my buyers under contract. This protects us both from unethical real estate salespeople!
To answer your question you can certainly continue with your current buyer agent and they will be so grateful to you for that.
The only exception to this would be if it was a brand new property being shown by the builder's agent. In that case your agent MUST come with you when you tour the property.
0 votes Thank Flag Link Tue Nov 16, 2010
Hi Marie,

The Listing Agent at the Open House is completely wrong... You do not have to work with her as your Agent to purchase the property.. First, if you don't agree to Dual Agency (representing both the Buyer & Seller) she cannot represent you... Second, you already informed her you have an Agent working for you, and your presence at an Open House does not constitute 'Procurring Cause' on her part. The Listing Agent was only performing a "ministerial act" by Opening the House to prospective Customers (not clients).

You might consider report her to her Company's Managing Broker, since I'm positive you are not the first person who has been "mis-informed" at an Open House.

Bottom line, use your own Realtor for separate representation.

Best of Luck,
David Jaffe-SRES,CDPE
Realtor-Coldwell Banker
0 votes Thank Flag Link Tue Nov 16, 2010
Hi Marie, In NY you are not bound to work with anyone unless you sign an "Exclusive right to Represent" especially when the agent already represents the seller! New Jersey laws may differ but realistically if that was the case nobody would go to open houses that already work with another agent. From now on carry some of your agents business cards and whenevr you go to an pen house immediately tell the listing agent you are working with so and so, then hand them a card. also in NY we are techniccally supposed to ask the sellers permission t work with any buyers that come through, even if they don't want to buy that particular house. If you already have a written agreement with your agent then present the offer along with your agreement. Lastly always be very careful what you tell a listing agent about your finances, personal situation, etc, they represent the sellers interest and will use that info to their advantage.


Christopher Pagli

Licensed Associate Broker
Accredited Buyer Representative
GREEN Desginated Agent
Legends Realty Group
0 votes Thank Flag Link Tue Nov 16, 2010
Hi Marie:

Sometimes builders refuse to work with an agent once you have signed in at their open house, but I know of few builders who would risk losing a deal because they did not want to pay your agent for representing you. I would have your agent call the open house agent and get things worked out.

Ron Rovtar
0 votes Thank Flag Link Mon Nov 15, 2010
If you like working with your current agent, it's a good idea to go ahead and sign an exclusivity agreement with them.

Seems like the agent at the open house was out of line and was playing hardball to try and get double commission. She was not really servicing her clients (the Sellers) because if she wrote the contract for you, she would end up being a dual agent ... clients are no longer really represented at this point.

As indicated in an earlier post, I was also going to mention "procuring cause" as the possible point the Open House agent was referring. If you want the house, ask your current agent to take you back for a second viewing.

All the Best.
0 votes Thank Flag Link Mon Nov 15, 2010
It's all about the contract. If you have a contract with one agent and not the other, you can use your person. Some Realtors will attempt to intimidate a buyer into using them, but always walk or run from those folks.
You are your own person and can go look at open houses without being escorted by your Realtor if you want to, it is just best to disclose your status to the listing Realtor as soon as possible.
0 votes Thank Flag Link Sat Nov 13, 2010
Hi Marie, I agree with many of the other agents. Don't let this situation get in the way of getting the home you want. Let the Realtors work it out within the guidelines of the industry. Viewing a home unaccompanied should not automatically commit you to working with the sitting agent. However, it is always helpful when prospective buyers disclose up front they are working with an agent. As an example, I was holding an open house where I had over 10 prospective buyers come in at the same time. I had a team of 3 Realtors working the Open House. One of my team members spent considerable time with a couple and then the couple said they were interested in taking the next step. The initial agent asked me to sit with them at that time to go more in depth regarding the buying process for their home. I spent an additional hour and and a half with the couple. At which time, I had 2 different buyers request my time (they had to wait). I even worked out a negotiated price including tile the client wanted (it was a new construction). Once we had worked out the details and were ready to sign, it was at this time they disclosed that they were working with an agent and wanted to take the paperwork home to go over it with their agent. Since, they actually filled out a questionnaire which gives them the option to disclose that they were working an agent and they didn't, you can imagine my surprise.

However, as a professional even at this point, I couldn't/wouldn't stop them from doing what they wanted. I had recourse but my first priority was to selling the home. I hope this clarifies why it is important for home buyers to disclose up front that they are working with another Realtor. Good luck with getting the home you want.
0 votes Thank Flag Link Fri Nov 12, 2010
It is often helpful for us as agents to know how Home Buyers and Home Sellers chose to handle situations and how those situations were resolved. Please share if and when possible. Thanks.
0 votes Thank Flag Link Sun Sep 26, 2010
I practice real estate as an agent in Hoboken, NJ. As such I understand that every state has different ways of handling this situation and the relationship between real estate agents and customers and procuring cause. These are legal issues by nature and are complex. A regular transaction in Real Estate is stressful for a customer, trying to find the perfect home and trying to make that home his or hers. It involves a large sum of money and moving to a new place which many times can be life changing.
Because this process is so confusing there is a higher standard that real estate agents follow in our code which requires realtors to work out any disputes in this area amonst themselves in a fair way that does not put the customer in the middle. Think of it as one of the perks you get as a customer working with a professional.
My suggestion is simple; you are a long way from closing the transaction, call the realtor you are comfortable working with and ask him/her if they would like to get you to the point of putting in an offer, it may be a little more complicated for that realtor than usual, but every deal has some kind of complication, he or she will work that out with the other realtor and you would not be in the middle.
You can then focus on your offer and getting your dream home.
As I explained I am a real estate agent and not a lawyer, this stuff is complicated the professionals can work it out.
Good luck on your purchase.
David Chittum
Robert DeRuggiero Inc. Realtors
0 votes Thank Flag Link Sat Sep 25, 2010
Submit the offer if you are interested in the house with your agent.

Did you sign in at the open house?

I would send 'a copy 'of the offer to the seller at their address certified mail .

Agent greed.

Remember, the agent doesn't own the house (they might). But unless they do, they don't. The seller owns the house.
Web Reference: http://www.rentlaw.com
0 votes Thank Flag Link Thu Jul 29, 2010
An open house is an open invitation for the public to view the property. You are free to use anyone you choose to submit an offer on the property. I would suggest that you book an appointment with your agent to view the property and I would sign a buyer's agency agreement with your agent, even it it's just for this particular property.

Good luck!
0 votes Thank Flag Link Thu Jul 29, 2010
Dear Marie,
Situations like this reflect very badly upon the ethics and professionalism of our industry. Unfortunately, they happen because of behavior of persons such as the one you encountered.
I work quite a bit with buyers and we use a contract..that takes care of such situations called an "exclusive buyer/broker agreement". Once such an agreement is in place, simply let the offender know, you are under signed contract with your buyer agent. That should end the discussion!
0 votes Thank Flag Link Tue Jul 27, 2010
Jeanne back - I think Joan is right - let you agent handle the discussions with the agent/broker.

Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Tue Jul 27, 2010
Open Houses are open to the public. You have confirmed that you have an established relationship and I presume signed nothing to the contrary with the agent that hosted the Open House. Proceed with your plans, working with the agent that has earned your business. My suggestion to strengthen the relationship you have in place is to reinforce it with an buyer agency agreement - sounds like it is implicit anyway with your loyalty earned by your agent so make it official. Also, have your agent make an appointment and get back in there with her/him to further clarify any questions of procuring cause.

If you run in to any trouble, voice you concern to the listing agent and her/his broker if necessary.

We agents do host Open Houses in hopes of building our buyer base. But the seller opens the doors of his/her home in order in sell it. If you want to buy this home go for it.

Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Tue Jul 27, 2010
Wow! Probably all the more reason why you shouldn't use that agent holding the open house --- holding the house hostage is more like it. Seems he's got questionable ethics especially since you've already told him that you have a realtor. If he's not the listing agent, he's there to find new clients. But this is certainly not the way to do it.

Whenever I hold an open house, I always ask the people if they have a realtor. If they do, I simply offer my service to answer question about the house that I'm showing, and that I encourage them to tell their realtor to call me if they need additional info later.

At the same time, I encourage my buyers to check out houses during open house especially if I am not available at that time. I also ask them to inform the open house agent that they're woring with me. It's all part of professional courtesy and to eliminate any possible problems like that one you describe.

If you want to write an offer, by all means, use your own realtor.

Good luck.
0 votes Thank Flag Link Mon Jul 26, 2010

I would let your agent know that you went to the open house and are interested in making the offer. I would also let her know what the agent at the open house said. Let your agent handle it. Buyers come to open houses all the time without their agent present but disclose that they are working with an agent and any professional agent sitting the open house will honor it. I'm not sure why the agent sitting the open told you that, whether she was the listing agent or not, it doesn't matter. Its a professional courtesy that we honor other agent's buyers and not try to steal them.

Don't not proceed on the offer because of this. If you want the house, have your agent write it up. The agents will work it out. By the way, if you sign in at an open house, write your name and next to it write your agent's name in paranthesies. Leave your agent's telephone number and have the agent at the open follow up with your agent and not contact you directly.

Good luck.

Gina Chirico, Sales Associate
Lattimer Realty
973-715-1158 cell
973-575-6353 ext 17 office
0 votes Thank Flag Link Mon Jul 26, 2010
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