Listings? Why aren’t they there?

[SD Realtor]

Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.

Think about it…. why would ANY agent not want maximum exposure for a listing. Try to understand, agents make money on the churn and holding a home off the MLS makes no sense.

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Let’s think about the possibilities.

First off when an agent takes a listing on the listing agreement the seller can instruct the agent NOT to put it on the MLS. If it is not on the MLS it will not be online anywhere. When this occurs the agent must actually send in a document to SDAR saying the home will not be on the MLS.

Second even if the agent is instructed to put the home on the MLS, when you enter the listing on the MLS there is a field that you can select to either allow or not allow the listing to be farmed out to third party providers such as Redfin, Zillow, SDLookup….In this case the listing will get MLS exposure but not third party exposure.

Third… as noted some sites will advertise contingent listings but not pending listings. Sometimes agents will actually move a listing into withdrawn status when the short sale package is being reviewed by a lender. Why? I could not tell you why, but I have seen it happen more then once. If any of these properties are withdrawn you will not see them as well.

Fourth… again, not my cup of tea but I have seen agents put a property directly into pending even though it is still contingent. Why? Could not tell you but I have seen it happen. I have had buyers I work with instruct me to ASK the sellers to put the property into pending status on a short sale rather then contingent status as well simply to help reduce the amount of backup offers that short sale may receive.

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The bottom line is that it is VERY easy for you to find out if your thoughts are true or not. You can list the street name here and any of us can call the listing agents to see and find out the truth, or you can ask your realtor to call and find out. I know it is always easiest to blame the realtors but perhaps doing a bit of legwork prior to throwing out blame would be justified.

[moneymaker]

Just to clear the air, I have no idea if any of these properties are listed on the MLS or not as I’m not a realtor. One of the houses,which I would buy if I didn’t already have a home, Ive seen the sign disappear for a few days and I figured it finally sold since it was on the market so long, then low and behold another realtor sign pops up, once again with no listing. I just think it is strange!

[moneymaker]

Just to clear the air, I have no idea if any of these properties are listed on the MLS or not as I’m not a realtor. One of the houses,which I would buy if I didn’t already have a home, Ive seen the sign disappear for a few days and I figured it finally sold since it was on the market so long, then low and behold another realtor sign pops up, once again with no listing. I just think it is strange!

[moneymaker]

Just to clear the air, I have no idea if any of these properties are listed on the MLS or not as I’m not a realtor. One of the houses,which I would buy if I didn’t already have a home, Ive seen the sign disappear for a few days and I figured it finally sold since it was on the market so long, then low and behold another realtor sign pops up, once again with no listing. I just think it is strange!

[moneymaker]

Just to clear the air, I have no idea if any of these properties are listed on the MLS or not as I’m not a realtor. One of the houses,which I would buy if I didn’t already have a home, Ive seen the sign disappear for a few days and I figured it finally sold since it was on the market so long, then low and behold another realtor sign pops up, once again with no listing. I just think it is strange!

[moneymaker]

Just to clear the air, I have no idea if any of these properties are listed on the MLS or not as I’m not a realtor. One of the houses,which I would buy if I didn’t already have a home, Ive seen the sign disappear for a few days and I figured it finally sold since it was on the market so long, then low and behold another realtor sign pops up, once again with no listing. I just think it is strange!

[njtosd]

[quote=SD Realtor]Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.

[/quote]

Not sure whether you are replying to me or XBoxBoy. Just to reiterate what I said in an earlier post “my understanding was that once a house was listed with a realtor, the realtor was required (either by listing agreement, ethical rules or something else) to get it up on the MLS as quickly as possible (assuming that the seller wanted it done that way).” So I don’t think that you and I have any disagreement on that point.

Xboxboy expressed his view that sellers’ agents sometimes diverge from the what is required, and I agreed. I don’t think that’s an unreasonable position – I haven’t found a profession yet that doesn’t have it’s bad apples.

Finally – the fiduciary duty requires an agent (whether real estate or otherwise) to act as instructed by the principle – that is the duty of obedience. The two can agree on whether the agent has a broad or narrow scope of discretion – but the agent’s duty is to carry out the wishes of the principle, or withdraw from the representation.

[njtosd]

[quote=SD Realtor]Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.

[/quote]

Not sure whether you are replying to me or XBoxBoy. Just to reiterate what I said in an earlier post “my understanding was that once a house was listed with a realtor, the realtor was required (either by listing agreement, ethical rules or something else) to get it up on the MLS as quickly as possible (assuming that the seller wanted it done that way).” So I don’t think that you and I have any disagreement on that point.

Xboxboy expressed his view that sellers’ agents sometimes diverge from the what is required, and I agreed. I don’t think that’s an unreasonable position – I haven’t found a profession yet that doesn’t have it’s bad apples.

Finally – the fiduciary duty requires an agent (whether real estate or otherwise) to act as instructed by the principle – that is the duty of obedience. The two can agree on whether the agent has a broad or narrow scope of discretion – but the agent’s duty is to carry out the wishes of the principle, or withdraw from the representation.

[njtosd]

[quote=SD Realtor]Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.

[/quote]

Not sure whether you are replying to me or XBoxBoy. Just to reiterate what I said in an earlier post “my understanding was that once a house was listed with a realtor, the realtor was required (either by listing agreement, ethical rules or something else) to get it up on the MLS as quickly as possible (assuming that the seller wanted it done that way).” So I don’t think that you and I have any disagreement on that point.

Xboxboy expressed his view that sellers’ agents sometimes diverge from the what is required, and I agreed. I don’t think that’s an unreasonable position – I haven’t found a profession yet that doesn’t have it’s bad apples.

Finally – the fiduciary duty requires an agent (whether real estate or otherwise) to act as instructed by the principle – that is the duty of obedience. The two can agree on whether the agent has a broad or narrow scope of discretion – but the agent’s duty is to carry out the wishes of the principle, or withdraw from the representation.

[njtosd]

[quote=SD Realtor]Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.

[/quote]

Not sure whether you are replying to me or XBoxBoy. Just to reiterate what I said in an earlier post “my understanding was that once a house was listed with a realtor, the realtor was required (either by listing agreement, ethical rules or something else) to get it up on the MLS as quickly as possible (assuming that the seller wanted it done that way).” So I don’t think that you and I have any disagreement on that point.

Xboxboy expressed his view that sellers’ agents sometimes diverge from the what is required, and I agreed. I don’t think that’s an unreasonable position – I haven’t found a profession yet that doesn’t have it’s bad apples.

Finally – the fiduciary duty requires an agent (whether real estate or otherwise) to act as instructed by the principle – that is the duty of obedience. The two can agree on whether the agent has a broad or narrow scope of discretion – but the agent’s duty is to carry out the wishes of the principle, or withdraw from the representation.

[njtosd]

[quote=SD Realtor]Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.

[/quote]

Not sure whether you are replying to me or XBoxBoy. Just to reiterate what I said in an earlier post “my understanding was that once a house was listed with a realtor, the realtor was required (either by listing agreement, ethical rules or something else) to get it up on the MLS as quickly as possible (assuming that the seller wanted it done that way).” So I don’t think that you and I have any disagreement on that point.

Xboxboy expressed his view that sellers’ agents sometimes diverge from the what is required, and I agreed. I don’t think that’s an unreasonable position – I haven’t found a profession yet that doesn’t have it’s bad apples.

Finally – the fiduciary duty requires an agent (whether real estate or otherwise) to act as instructed by the principle – that is the duty of obedience. The two can agree on whether the agent has a broad or narrow scope of discretion – but the agent’s duty is to carry out the wishes of the principle, or withdraw from the representation.

[SD Realtor]

nj I was not addressing anyone in particular other then to say that the fiduciary obligation is secondary to direct instructions from the seller. I don’t share the opinions that listing agents purposely don’t list homes on the MLS in hopes of double ending deals. I feel that this is by far and away the exception to the norm. The risk of getting busted is quite substantial so for someone to imply that agents act in that manner is something I do not agree with at all. I do believe that the majority of homes not in active status have valid reasons and all it takes is a little legwork to find out why.

[SD Realtor]

nj I was not addressing anyone in particular other then to say that the fiduciary obligation is secondary to direct instructions from the seller. I don’t share the opinions that listing agents purposely don’t list homes on the MLS in hopes of double ending deals. I feel that this is by far and away the exception to the norm. The risk of getting busted is quite substantial so for someone to imply that agents act in that manner is something I do not agree with at all. I do believe that the majority of homes not in active status have valid reasons and all it takes is a little legwork to find out why.

[SD Realtor]

nj I was not addressing anyone in particular other then to say that the fiduciary obligation is secondary to direct instructions from the seller. I don’t share the opinions that listing agents purposely don’t list homes on the MLS in hopes of double ending deals. I feel that this is by far and away the exception to the norm. The risk of getting busted is quite substantial so for someone to imply that agents act in that manner is something I do not agree with at all. I do believe that the majority of homes not in active status have valid reasons and all it takes is a little legwork to find out why.

[SD Realtor]

nj I was not addressing anyone in particular other then to say that the fiduciary obligation is secondary to direct instructions from the seller. I don’t share the opinions that listing agents purposely don’t list homes on the MLS in hopes of double ending deals. I feel that this is by far and away the exception to the norm. The risk of getting busted is quite substantial so for someone to imply that agents act in that manner is something I do not agree with at all. I do believe that the majority of homes not in active status have valid reasons and all it takes is a little legwork to find out why.

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