The form referred to is the NYS agency disclosure form, which is required by law so the consumer knows for whom the agent showing them homes represents. It is the law and is we can't get around it, though many skip it. As for seeing other homes I would expect an offer of nothing less- that is his job and offering to show more houses to a new prospect is what we all do.
It sounds like there were some unlucky events, but I have never seen the guy obstruct a showing on purpose for his own gain or through negligence. Your agent most likely called CSS (Centralized Showings) to schedule, and they have been spotty lately- I have 40+ listings myself and they have given me headaches the past few weeks.
Unethical? Never in my experience. The guy wants to sell his listings as much as I want to sell my own. If you had bad luck this past weekend try again. Whatever logistical foibles occured will probably be straightened out.
It makes me no money to defend Seiden. But the truth is the truth.
Also there is the NYS disclosure and dual agency that he probably wanted to explain to you. Maybe his seller instructed him that he does not want him to be a dual agent and only wants other agents in his office showing the listing. He may explain that to you and why he won't be able to show you the house and someone else in his office will be.
He may also want to see a preapproval and if you do not have one he may have a loan officer in his office who can work on for you in a matter of minutes. Quite often buyers are not ready to do that and those are the types of people agents like Mark do not want to work with.
Also the house you want to see is a short sale so most likely he will explain to you the process which may take a while to close (if it ever sells at all). If you recall he said this house may not even be one he shows you because most buyers who learn what the short sale process entails decides they do not want to see it. Therefore he will put together some other houses to show you. The majority of buyers do not want to see a short sale house, he knows that so he is possibly "assuming" that will be the case for you and wants to make sure you can see something that fits your needs. - Again I am just guessing here.
As I said earlier he may indeed have a buyers presentation and want to sit with you for a bit to show you what he offers as well as qualify you to make sure what you are looking for is realistic, you can afford it and what your timeline is to find something. If you have a lease that is not up for another year or so he may not be so inclined to work with you right away. There could be many reasons why he requires a sit down prior to looking at houses as do many other agents in the area do but without speaking to him I have no idea.
As far as the religious observation comment, I am not sure but I have heard all sorts of legit reasons why a house can't be shown and believe it or not sometimes those days are weekends. Crazy that a house can't be shown on possibly the most important day(s) of the week but sometimes it happens. It is not like he knew when the other agent called to show the house that the agent was working with you. You also have to realize he may have set aside a time to see the house with you and had not even called his seller to confirm it so there is a chance he did call her and then later found out it can't be shown so it really is hard to say how legitimate that showing restriction is.
Lastly if he met you, you like him and like everything he has to offer you as a buyers agent and asks you to sign an exclusive with him and you say no then he may just not want to work with you and will recommend you seek another agent. If a buyer likes the agent and everything he has to offer and who is willing to show you houses and dedicate a lot of time to you and then you say you won't sign the buyers agency form it may seem fishy to him that maybe you are just wasting his time and use more than 1 agent or maybe like some buyers you only call the listing agent on ever house you want to see. Now I have no idea if that is true but dealing with hundreds of buyers, a lot of buys agents are very particular who they work with.
Anyway if that is a house you truly want to see there are plenty of agents out there who will show it to you and won't give you a hard time about it.
Finally - Are you prepared, if you aren't ready to pay in cash then you must speak with an lender and get pre-approved for a loan. If you are set up and ready to buy, then you're not respecting the agents time.
I wish happy house hounting and the best of luck.
This is a very interesting subject. To answer your actual question above we as agents have a responsibility to our client and should show them Do we use every chance to gain new clients and use all the sales and pitches we are tought? Yes. However our first responsibility is to our clients. If a buyer wants to see my client's house and they have turned down my offer to show them other homes, then you show them your client's house, then do what you are contracted and obligated to do - sell the house. I would insist on meeting at my office - for safety (I take a copy of your driver's license) and confirmation of financing or proof of funds. So I believe the this agent has done a disservice and we as agents need to be mindful of who we are working for - ourselves or our clients. Good-luck with your home search.
just a little 'side note' from me.
thank you so much for the insights into a home buyer. it's nice to see your responses (level headed and polite) to the many bits of advice you've received here. It hasn't gone unnoticed, nor unappreciated.
You say that you negotiate for a living, representing actors. What if a potential client--an actor--told you: "Look. I know what I want. My bottom line is $10,000 for this gig. If I get it, I'm happy. I really don't need you negotiating for me." Umm . . . what would your reaction be? Beyond perhaps telling the potential client that you might be able to negotiate a more lucrative deal, you might also talk about various terms and conditions. Dressing room conditions. Transportation to and from the performance site. Whether the producers could record or tape the performance for future use. Whether your client would have any say over other casting decisions. Rehearsal hours. Additional compensation for promotion of the performance elsewhere, such as on radio or TV. Whether your client's image could be used on ancillary products--T-shirts, posters, etc.
Real estate negotiations are every bit as involved. You--and, really, all buyers--need someone who is focused on representing you.
Hope that helps.
Because of this, Mark MUST meet you and get the disclosure signed. I'll back him 100% on that because far too many agents don't . He also has the right to insist buyers meet him at the office. If he requires his agents to do this, what kind of example would he be setting if he didn't? Mark is a tough Top Producer who's business model is very successful. He is a major competitor to me so if I can say this about my competitor, I think I can be sure he is following the letter of the law and his business model. One of these "letters" state that the listing agent / broker may not discuss details with you until you sign this disclosure.
One thing you need to understand with short sales is that the person is loosing the house. Think of it like a friendly foreclosure. The seller won't make a dime and will most likely be forced to rent a house for many years after the short sale closes. They are not in the same boat as a typical seller who WANTS to sell, they HAVE to sell. Because of this, they may not be as accommodating as most sellers.
Glad you got your appointment and hopefully you will find your dream home and now that you have disclosed you have "representation" I am sure your agent will be happy to answer any further questions. Short sales are not easy!
You might be able to find the managing broker here:
or here: http://www.rebny.com/
or perhaps here: http://www.dos.state.ny.us/licensing/
you may also want to see if you can find the regional director of the agency (that would be hopscotching over the head of the managing broker)...
@Susan, love your suggestion!
Keller Williams Realty
Redfin is simply another real estate agency with a different business model. If you feel they could handle it better, you can call one of their buyer-agents and reqest they show you the house. I would imagine they may be met with the same "Closed Sundays" story as your current agent.
And I question your premise that FSBO sales are on the rise. My experience has shown that FSBO sales, at least in our area, have declined.
The obfuscation that you've received from Mr. Seiden's office is, indeed, unacceptable. And your agent should contact their managing broker (who actually owns the listing) and let them know what's going on. The agent appears to be standing in the way of a potential sale.
Maria Dolores Weiss
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I would go the route of using another agent and contacting the agent yo did have contact with's manager or broker.
I wish you well in getting the house you want!
Accredited Buyer Representative
Licensed Associate Broker
William Raveis Legends Realty Group
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The fact that, as the buyer, you are approaching this property through the "listing agent" may be a mistake. Considering the agent has a solid relationship with and commitment to the seller will likely not benefit your position.
Consider persuing the property through an agent that is representing you and will best support your interests....not the seller's.