Home Selling in 92672>Question Details

Marilyn Delao, Real Estate Pro in San Clemente, CA

How would you handle it if competitors knowingly contact your seller/client and try to get private showings before the property has hit the MLS?

Asked by Marilyn Delao, San Clemente, CA Wed Aug 1, 2012

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6
Patrick Fields’ answer
I'm not sure what your local MLS rules are, but I don't see an ethics violation...It sounds like your concern may deal with their having contacted the seller/client directly without going through you. If so, I would suggest contacting them and asking why. It may reveal an issue with your pre-listing method or contact information that you are not otherwise aware of.

I'm guessing that you used a "coming soon" sign in the yard....if so, the interest is to be expected, but is your contact number, QR code or website info listed for inquiries?
1 vote Thank Flag Link Wed Aug 1, 2012
Yeah. It's a "coming soon" sign while the property is being lightly renovated. This agent already contacted me the day the sign went up and she asked to preview it. I explained the situation and said there wouldn't be any viewings until the house was done and on the MLS. But, she went around me, approached my seller in his garage and asked for a tour. She then told him she was having an open house around the corner the coming weekend and asked if it would it be alright if she showed the property.

I don't think that's right. Any thoughts about that?
Flag Wed Aug 1, 2012
BEST ANSWER
Personally I think it's unethical for another agent to contact your seller IF they know you have a signed listing agreement. If you have a "coming soon" sign in the yard, my assumption would be that you have an agreement signed.

Firstly, talk to your broker. I wouldn't ask them to do anything about it quite yet.

Secondly, I would call the agent and ask them to direct any correspondence through you. I would also coach your seller on how to handle situations where other agents may be contacting them.

If the agent does not agree to direct questions through you, I would then ask your broker to contact their broker so that everyone knows what is going on.
0 votes Thank Flag Link Wed Aug 1, 2012
Thanks. I agree. I get it, we're all hungry. But, holy crap!! I would never go around another agent because it's flat out WRONG. I'm forever amazed at the brazen behavior of some of these agents here in California. Same thing happened to me on another listing...and it just so happens that may last 4 listings needed renovation or work before they were ready to be listed on the MLS. But, naturally, as a good agent, I'm being proactive and trying to create a buzz about them before the Summer selling season disappears. Doesn't mean test agents can just disregard the rules. And maybe it's my face on my sign & business card. Maybe it says to people "It's okay. Wipe your boots me. I don't mind". Problem is, I do mind and I'm not afraid to let them know it. Grrrr....
Flag Wed Aug 1, 2012
How would you expect other agents to be aware of your relationship with the home owner?

Unfortunately, unless there is a signed agreement and people are aware of it, the home owners would be fair game. It's one thing to expect people to be ethical but another to expect them to clairvoyant.
0 votes Thank Flag Link Thu Aug 2, 2012
Yeah. It's a "coming soon" sign while the property is being lightly renovated. This agent already contacted me the day the sign went up and she asked to preview it. I explained the situation and said there wouldn't be any viewings until the house was done and on the MLS. But, she went around me, approached my seller in his garage and asked for a tour. She then told him she was having an open house around the corner the coming weekend and asked if it would it be alright if she showed the property. I don't think that's right. Any thoughts about that?
Flag Thu Aug 2, 2012
If I had a signed listing agreement then I wouldn't be that worried about it, even though it would have been preferable for them to go through you before contacting the seller. I'd say it's a good indication that you will soon have multiple offers on your listing. With inventory being scarce, buyer's agents may be scrambling to find something to show their buyer before anyone else catches wind of it. However, in the long run that offer is still going to have to go through you. Counsel your seller, speak to the agent, take control. Good luck.
0 votes Thank Flag Link Thu Aug 2, 2012
If your office takes 2-3 days to enter the LISTING; I could see this happening.
But, so what?
You have a signed and dated contract to LIST the house, and the Sale of the house is not CONTINGENT upon it appearing on the MLS.
This is actually a question that should have gone to your Broker; that's what he's there for.
0 votes Thank Flag Link Wed Aug 1, 2012
Perhaps a new trend? Could listing agents be waiting and incouraging "in house offers?"
0 votes Thank Flag Link Wed Aug 1, 2012
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