I'm dying to know how this ended up playing out! Any ideas anyone? I hope the guy loses his license for good!

Susan-
You've got to be kidding! Call MLS today and see if they can help you get your listing taken off (508-845-1011). If you can get it off MLS, it will stop the feeds to other websites as well. Is this agent the owner or broker of the company you are dealing with? Is there anyone above him you can speak with?

I didn't think this guy could have crossed the line anymore than he already has, but he has certainly proved me wrong with this move.

Please keep us informed of your progress. And you're right - this guy should not be practicing (and I mean that literally) real estate.

-Mike

I have now reported him to the licensing division, my attorney has called him. I cannot show my house, I cannot list my house, and he will not quit. The house is still showing on the MLS and other websites showing him/them as the listing agent. I am at wits end. This guy should be in jail.

Susan:

Thank you for the update. I am sorry that you had to go through this but I do know that you will find a wonderful Realtor soon. If you need a referral, I am sure most of us can get you referrals.

As Realtors representing buyers and sellers with one of their biggest financial transactions and one of the most emotional deals in their life, we watch our conducts and guard our reputation closely. There are many that come in for a fast buck and we cringe when we hear things like this. So, yes, hopefully your firing him and filing a complaint will bring positive result to this.

Good luck and let us know if we can help you in the future. .

Sylvia

Susan,
Good for you. Have you spoken with this guy's broker? Or is he the broker in charge at the office? Also call the MAR (Massachusetts Association of Realtors) at 1-800-725-6272. See if this guy is a member and find out about filing a complaint. It's so unfortunate you have to hire a lawyer to deal with this guy.

Especially since the most important thing is you need to sell our house and not deal with this stuff!

But as you can tell from all the responses, both local and national, this behavior is absolutely intolerable and reflects poorly on the entire industry. I think I can speak on behalf of a lot of real estate professionals actually doing our jobs right and taking pride in our profession, by saying "thank you" for taking the time, effort and aggravation to report this guy. Otherwise, he would simply do it to the next person.

Good luck finding your new agent! I look forward to your post telling us you found the perfect agent and the house is under agreement, set to close soon!

Mike

"I fired him on Friday, after he tried another fast one on me. I am sending in a complaint to the Mass. Division of Licensing."

Susan

You did the right thing, and are helping all the true professional agents and brokers by doing this. Good luck.

Susan, don't you know if your attorney is working on a contract?

Thank you all for your answers. I fired him on Friday, after he tried another fast one on me. I am sending in a complaint to the Mass. Division of Licensing. He keeps telling me that we have a contract, but the contract is incomplete, and in the hands of my attorney. At this point I almost wish I could throw in the towel, but I have to sell this house.

If I were the home owner, I would terminate the relationship with the agent notify their broker, and file a compaint with the Department of Real Estate.

You are right, that is grounds for immediate termination ... It is one thing for your agent to put the property on lock box and never show up to "sell" the property to the potential buyer and their agent, but another to be so lazy that they can't even show up to the property and give a direct potential consumer the run down of your property. Not mention - like all the other the other agents below are saying - the liability of allowing someone to enter your home unaccompanied and without your consent in inexcusable.

No question you should find another agent immediately and alert their broker and local real estate board.

Susan, I think if you polled every realtor on this site you would get the same answer. Giving out the lockbox number to a non agent is inexcusable. If you have proof that your agent did that I would go go the broker immediately and report this Realtor to the Realtor association in your area, the department of state, and whomever else you can think of. Perhaps your attorney?

Sellers, when you sign a listing agreement and you sign off on a lockbox you are probably signing off on language something like below. Obviously this does not give any agent the right to do what Susan's did, but it sure seems to cover the agents backside quite well.

"Owner is advised that, even though the use of the “Key Box" will probably increase the number of showings, the use of the “Key Box" involves risk of unauthorized entry to the property, theft or damage to the home and personal property therein, as well as the risk of personal injury to the occupants of the property.
Owner, with knowledge of the risks involved in the use of the “Key Box," hereby authorizes REALTOR® FIRM and Associate to place a “Key Box" on the home to facilitate the sale/lease of the property.
Owner agrees that neither REALTOR® FIRM, Associate of REALTOR® FIRM, other MLS Participants, nor the Albuquerque Metropolitan Board of REALTORS® shall be liable for any damages or claims arising out of the authorized or unauthorized use of the “Key Box" or its key and agrees to indemnify and hold harmless REALTOR® FIRM and Associate, other MLS Participants, and the Albuquerque
Metropolitan Board of REALTORS® for any damages, claims, or liability arising therefrom, including, but not limited to damages, claims, or liability resulting from loss or damage to personal or real property or personal injury, costs, and attorney's fees. Owner hereby assumes the full risk of any such loss, damage, or injury. Owner agrees to maintain insurance covering personal injury and property damage to the aforesaid real or personal property and any person therein, and acknowledges and understands that his current homeowner's policy may not provide such coverage arising out of the use of a “Key Box" or a “Key Box" key or may not provide such coverage on vacant premises.

There is another side to this post. Your Realtor probably violated the Realtor Code of Ethics. You need to check with the local Association of Realtors and look into filing a grievance. If you do not, then this may just continue. This action puts the entire lock box concept at risk.

There are some associations that will fine a Realtor $2,000 for a first time offense like this.

Hi Susan:

That is totally unexcuseable. We, as Realtors, have a fiduciary duty to represent and protect our clients interest. Giving lock box number to unlicensed Realtor puts your home and yourself security in jeopardy.

I don't know if it's available in your area, but in most towns around the country, we use electronic lock box which will only be accessible to agents who are part of the local association and/or MLS - part of the expenses we have as Realtors.

The Realtor who belongs to the system need to sync their electronic key with the server on a daily basis, so anybody who is not currently on the system or who was, but is not, a registered user, will not be able to access the box. The real estate brokerage, associations and MLS boards are very diligent about who belongs to the association / brokerage or not. They are off the system right away.

For outside Realtors who do not belong to the same system and do not have electronic keys, we will go and meet them so they can show the homes.

Yes, we have the responsibility to protect you and your property.

Best,
Sylvia Barry
Marin Realtor

Did I really just read this, Susan?
Drop the lockbox and the sign off, and get another agent- opinion.

Susan, you are correct, in my opinion, this is grounds for immediate dismissal, and you should notify the agent's managing broker, and if you want, ask for immediate cancellation & release of your contract with the agency.

Allowing a buyer through your property without an agent present is indefensible (It doesn't matter if he was on the way to the hospital with his screaming child to have an appendectomy), and inexcusable.

Your agent not only allowed a buyer to walk through your home unaccompanied, but he also gave the the combination to the lock box, which means that if they wanted to (let's assume the worst for a moment) come back and steal all of your belongings, they have complete access. Change the lock box code, re-key
your locks (at the expense of the agency), and change agent & agency.

Inexcusable.

Hello Susan. Sharing lockbox combinations with unlicensed individuals does not only compromise your safety and your agent's duties to you, but is most likely also a violation of the MLS rules. I agree that this is unacceptable and you should definitely complain to the agent's broker/office manager. Ask for a written unconditional release from the listing agreement if you can't get a satisfactory solution of this situation. You have to remember that your listing agreement is not with the agent personally, but with the agent's brokerage. Assigning a new agent or the broker handling the listing him/herself might remedy the situation. It I were the broker, I would definitely do everything I can to make this right with you and if releasing you from the contract is what you want, I'd make that happen. Good luck to you.

Susan

WOW!! That is some crazy stuff. Not that it would really matter, but I assume the home was still furnished with all of your belongings and not vacant. It may be going overboard a little in stating that an agent has a responsibility to preserve and protect your property and family. If I remember correctly in my listing agreement when I signed off on the lockbox approval there was some sort of disclaimer language. I am sure you know it is basically your responsibility to secure all easily transportable valuables and documents.

As a little side story of my own, our agent went out on our patio and had a cig and a beer while potential buyers took a second look on their own through our 3100sf home. I should have fired him when he told me that. I didn't. He basically delisted our home about a month later after deeming the property and me as too difficult. All's well that ends well as we had a very happy ending as a FSBO. :-)

Realtors are supposed to conduct business by a strict code of ethics, Make sure you contact the Broker of this agent this is not acceptable and it is cause for you to get out of your listing agreement with this company. If you are please with the company's representation overall your realtor’s brokers should assign another realtor within the company to service your needs. It is unfortunate that realtors like this are able to continue to make a bad name for other professionals who would never conduct business in this manner. If you are looking for a home at the Beautiful Jersey Shore Contact Dawn Marie White Real Estate Professional 732-528-6800 x 204

The very 1st step should be to contact the agents manager or office owner. The manager or owner is actually the responsible party fdor the agents actions. You should contact him or her and give them a chance to respond.
Sorry for the unpleasant experience.

Ouch! Unrepresented buyers should be shown the house by YOUR agent only. No excuses. I have to agree 110% that this is totally unacceptable. Sounds like a lazy agent with no regard for you and your family's safety. Definite grounds for immediate termination. Sorry you had to deal with that.

Susan,

We suggest that you contact the agents broker to make him/her aware. If you are not satisfied with this, report the incident to the local real estate board. Their information should be on your MLS printout.

You are correct with your concern and at this point may want to consider having your doors rekeyed......possibly at the agents expense. But this is a matter for the broker or real estate board.

Good luck,
The "Eckler Team"