Scott ... Until an agent has a signature on the dotted line no one owns anyone. Even if the other agent shows the home first, the buyers may not like that agent or have a variety of reasons that they find themselves unable or unwilling to work with the first agent. In Nevada "Procuring Cause" is next to impossible to uphold.
Bottom line, a customer has the right and ability to secure representation with whom ever they choose provided they have not signed a legal agency contract with another agent.
I have run into a bit of a problem and need your opinion. If you have a Listing and a potential buyer sees your ad, calls for an address to drive by or simply drives by from seeing the address online... Are they actually YOUR customer yet? The easy answer is No, Obviously you have not signed them up as a Buyer Broker as they just called, you have not met them yet...They are however potential customers as they are driving to that listing becuase of your ad.
Now the PROBLEM part... Say another agent from another company lives near your listing, then they allegedly stop a lot of the cars driving by or people walking around looking at the property and hand out their card and offer to represent them as a buyer agent.
Is this alright?
We have Procurring cause VS. Ethics VS. The Law which all are different. Is this breaking any of them? Not the law, maybe not procurring cause but it depends on whose ethics we are quoting.
The only reason that buyer is their was becuase of the listing agents ad after all?
Reading a featured blog this morning where an agent was showing a home with their buyers and another set of buyers showed up for an open house. The agent holding the open house had not showed up. So the buyer agent offers to represent them and brings them through the house. Again a gray area. Does it violate any rule, law or ethics? It did show me that this happens more than one thinks.
The agent allegedly is using a "dragnet" to gather up my potential customers outside my own Listing does not seem right. To some it may not seem wrong and to others it is very wrong. What are they violating? they would be violating similar rules towards these buyers if they are representing several buyers showing the same listing to each buyer without disclosure.
I work hard to List new properties, I work hard to get these properties under contract and closed. I work hard to market and advertise my Listings to potential Buyers. In NH I can show buyers my listings after they sign the agency disclosure form knowing I represent the seller, but will work honestly and ethically during the transaction. with all parties involved.
Although it may not be illegal, it may not be against the ethics rules but is at the botton end of being ethical and is down right unprofessional.
If you need to sell your home and you owe more than your house is worth, i may be able to help. I specialize in working with home owners to get your home sold. There are many options such as a short sale whcih may be able to help you.
Please try and avoid out of state or out of town agents and companies that make "out of this world promises". We are local agents with experience who never charge any up front fees. WE GET RESULTS!!!
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Scott Godzyk is the Owner/Broker of The Godzyk Real Estate Services located in Manchester NH. With 25 years of Real Estate experience Scott specializes in Listing and Selling Bank Owned Homes, Short Ssles, Residential Properties, Condominiums, New Construction and Investment Properties. Scott services the counties of Hillsborough, Merrimack, Rockingham and Belknap. To contact Scott Godzyk please call 603-661-2121 or email email@example.com. his website is www.ScottSellsNH.com.
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