I have a Seller Agency Contract to sell my home. My Agent showed my home yesterday to a prospective Buyer who did not have Agency representation.

Asked by Flyingrranches, Woodland Park, CO Mon Jan 28, 2013

My Agent is now making inquiries about my house, annual association dues, etc. on behalf of the prospective Buyer.I feel this is a conflict. I should note that I was was very specific (documented in several emails) that I would not be represented via Transaction-Brokerage and, accordingly, signed the Contract to sell my property under Seller Agency. Signed, Concerned in Woodland Park

Help the community by answering this question:

+ web reference
Web reference:

Answers

5
April DeNio, Agent, Woodland Park, CO
Mon Jan 28, 2013
Mmmmm every agent's dream....a double ended deal! :) You need to check your Exclusive Right-To-Sell Listing Contract. If the Seller Agency box is checked at the top and the box in 4.3.1.2 (Seller Agency Unless Brokerage Relationship with Both) is unchecked, then your agent can only represent you....but they can work with the buyer as a Customer. Definition of Customer: "A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such party has not engaged or employed the broker, either as the party’s agent or as the party’s transaction-broker." The Broker is obligated to disclose to that Customer their relationship to you, the Seller. I understand your concerns because in a Transaction Brokerage situation, the agent must remain neutral advocating for neither party. Some are good at this and some are not. Clarify the status of your Agency relationship with your broker and go from there.
0 votes
Linda Aanest…, Agent, Woodland Park, CO
Mon Jan 28, 2013
If your broker is only allowed to work as a Seller's Agent, it is still perfectly legitimate for that broker to work with the buyer and treat that buyer as a Customer. If the buyer agreed to be treated as a Customer, there is no problem here. Being a Customer means that there is no agency or transaction-brokerage relationship and the buyer is simply a party with whom the broker is working by communicating, showing, and possibly writing an offer. There is no standard language in the Colorado contract saying that a Seller's Agent can't work with a buyer and treat him/her as a Customer. The only thing that would prevent that would be if you had a clause in Additional Provisions stating that your agent could not work with or even communicate with a buyer in any capacity. Getting information about the property itself and passing that info to others is always legitimate regardless of the status of the broker. As your agent, the broker can't give information about you (the client) or your motivation, willingness to negotiate terms, etc. but can certainly gather and disburse facts about the property itself. As a matter of fact, HOA information and things like that should have been requested or researched by the broker at the time of listing. It sounds like your agent is simply trying to sell your house to somebody, which is what he/she was hired to do.
0 votes
Donna Brazill, Agent, Colorado Springs, CO
Mon Jan 28, 2013
I would think that the listing agent should already know the answers to those questions when they met with you to work out the listing documents you would have been asked to provide that information. If you have declined TB then you should remind your listing agent again of that. Your listing contract has a box that indicates brokerage realtionship on the top of the document and then again in I believe paragraph 4.3. Refer to that document. They may just be trying to provide all the info that the buyer needs to make a decision. Good luck with your sale!
0 votes
John G. John…, Agent, Westcliffe, CO
Mon Jan 28, 2013
I believe your agent is probably behaving correctly by answering the buyers questions. Any buyer will want to know about the area, subdivision, covenants...and they are providing that information. They may not disclose you would be willing to take less or other terms than those you offered. That would be a breach of duty. However, I question the fact you have a seller agency agreement (ONLY)...is this stated in the contract or just emails? Consider they might have a buyer and you want to sell. If it is stated in the contract you signed they should not show the property without your consent I would talk to them or their broker about it. Another option is they could have a signed disclosure from the buyer that the buyer is just a 'customer'...meaning the agent works for you but can treat the buyer as a customer.
0 votes
Donna Jarock, Agent, Highlands Ranch, CO
Mon Jan 28, 2013
It is possible, that as your agent that person is only answering questions inquired of by the Buyer. Just remind your agent that you will not allow them to represent the other buyer or any part in a transaction on your home, you hired them to represent you and your alone. Most likely they are aware of this and merely gathering some information for the buyer as YOUR agent.
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more