We have a Listing in Westlake Village. Today a "local" agent dropped off a package to our seller, thinking the listing was about to

Asked by Paris and Connor MacIvor, Santa Clarita, CA Tue Jul 26, 2011

expire... They left a note about our Seller Hiring a "local" agent. Is there a different method of operation by Realtors in Westlake Village?. Westlake Village is About 30 miles away, where we have our offices,

it is unethical and a Realtor violation for us to contact with the intent to solicit another agent's seller when they are within contract. Agents, would you let it ride, or give the violator a call to meet you behind the tool shed...

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9
Richard Powe…, Agent, Westlake Village, CA
Tue Jul 26, 2011
BEST ANSWER
This is clearly a violation of the local MLS rules. Specifically, Rule 12.4:

12.4. Solicitation of Listing Filed With the MLS. Participants and subscribers shall not solicit a listing
filed with the service unless such solicitation is consistent with Article 16 of the N.A.R. Code of Ethics, its
Standards of Practice and its Case Interpretations. The purpose of this section is to encourage sellers to
permit their properties to be filed with the service by protecting them from being solicited through
unwanted phone calls, visits and communications, prior to expiration of the listing, by brokers and
salespersons seeking the listing upon its expiration. This section is also intended to encourage brokers to
participate in the service by assuring them that other participants and subscribers will not attempt to
persuade the seller to breach the listing agreement or to interfere with the listing broker’s attempts to
market the property. This section does not preclude solicitation of listings under circumstances otherwise
permitted under Article 16 of the N.A.R. Code of Ethics, its Standards of Practice and its Case
Interpretations.

You can report them to the VCRDS MLS team, call 805-495-1331 and ask for Ginny.
2 votes
Heidi Golff, Agent, Ventura, CA
Tue Jul 26, 2011
Report them; then expect absolutely nothing to be done about it........No one at the Board ever does much of anything to any of the violators.
2 votes
Lisa Heindel, Agent, New Orleans, LA
Tue Jul 26, 2011
Report them. I'm sick and tired of agents that can't or don't follow the rules of engagement.
2 votes
Ron Thomas, Agent, Fresno, CA
Tue Jul 26, 2011
I have had it happen, where an AGENT hired a delivery/messenger company to put postcards/flyers on every door.
They did not tell them to NOT put one when there is a Realtor's Sign out front.

No mailce intended; just stupidity.
1 vote
The Heather…, Agent, Crested Butte, CO
Tue Jul 26, 2011
I think it is safe to say that this agent was in the wrong. I would contact that agent's managing or employing broker.
1 vote
John Souerbry, Agent, Fairfield, CA
Tue Jul 26, 2011
They definately made a boo boo. Another way to handle it is to suggest a restitution to the offending agent that, if they follow through with it, will stop you from reporting them. They may call your bluff, so have your facts in a folder so that you can report them if you need to. I've done this with mixed results, but I never bluff.
1 vote
Carol Lee, Agent, Westlake Village, CA
Mon Oct 3, 2011
this is a ridiculous breach of ethics. Agents like this should be banned from practicing real estate for a period of time, never mind being slapped on the hand with a fine.
0 votes
Harold Sharpe, Agent, LAKE HAVASU CITY, AZ
Tue Jul 26, 2011
Paris911
I think sometimes the only way we learn is to "get caught."
Lets face it,....
warnings, fines, arbitration, litigation, and violence may be the only way we keep order in our world.
I would take the drive to the Sellers home and gather all the info and go for the filing.
A post card or bulk mail is one thing,....
Picking on a fellow agent, directly with a seller, for not being local is unethical.
It is too directed. I would bet the agent lives very near the property.
We police ourselves. Please file the complaint so we all do better.
I don't think I would go straight to the tool shed as everyone would know who did it.
A year or two from now, when you have had a real bad day, you will know where to go... Just kidding.

Harold Sharpe - Broker
So Cal Homes Realty
(951) 821-8211
harold@socalhomesrealtor.com
http://www.socalhomesrealtor.com
California Department of Real Estate Broker License # 01312992
0 votes
JoAnn Levine, Agent, Westlake Village, CA
Tue Jul 26, 2011
As a member of the Board of Directors and the Grievance Chair of the Conejo Simi Moorpark Assoc. of Realtors,
I can say that there could be a violation of the Code of Ethics. You can call the Association and fill out a complaint packet. It goes to the Grievance Committee and if there is a violation of any ariticale of the Code of Ethics, it then goes to the Professional Standards Committee for a hearing. Along with the violation of the Code of Ethics, there can also be MLS violations added. Contact Carla at the Conejo Simi Moorpark Assoc for further information and to receive the complaint packet - 805 495-4681.

Complaints are not ignored. All Grievance and Professional Standards Committee members volunteer their time and go through training to help make our profession credible.

If you do find an MLS violation, you can hit the violation button. It is anonymous (I am also on the MLS Committee).
The agent does get a warning and must fix the error within a certain time period.

A lot of agents don't make a complaint due to the fact that they don't want to get "involved". We as agents need to get involved and pursue unethical practices by other agents. Only then maybe we will have an industry of professtionals!!! Any questions, please contact me.
Thanks, JoAnn Levine
0 votes
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