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urbanrealtor
Participant[quote=SD Realtor]Lets try this again…
Call SDAR (San Diego Association of Realtors) and they can give you the costs for membership and MLS access. Your broker will need to be a member as well in order for you to receive access.
[/quote]The one thing I would add to Yoda’s comments here is that the Sandicor (San Diego County Regional MLS) does allow non Realtor agents to have full MLS access for a different fee. I believe they have to be “brokered up” and the access is technically the broker’s access. Or if you broker with a Realtor with MLS access but you are not a Realtor yourself, you can get MLS access on a separate arrangement. EG: My assistant is a licensed agent. He is not a member of SDAR, CAR, or NAR. He pays a reduced fee (like 50 bucks a qtr) to have MLS access. My fees with everything included, is closer to 4x that.
One thing I did not hear you mention explicitly (though I may have missed it) is that if your goal is to get the entire CBB on your purchase, you will need a broker and a split arrangement. Also, some sellers (and/or their agents) will not award a CBB when the agent is the buyer. You might want to clarify that with the listing agent before offering.
urbanrealtor
Participant[quote=SD Realtor]e if you have not signed a specific representation agreement I see no problem with either situation you have posed. It would be…. polite for you to at least inform the agent you are working with that you are working with someone else. If they inquire why you can let them know. Any buyers agent can go ahead and reduce the commission they receive and rebate it back to you (yet most of thier brokers will not allow that).
It is all negotiable. I never understand why more buyers do not demand that. [/quote]
Regarding working with a different agent simultaneously:
I would consider it appropriate to mention that you may or may not use them on other offers you submit.
Regarding switching agents on a particular property:
It is legal to do that but unless you explicitly broke off relations with your previous agent, i would consider it unethical. If I found out that my buyer was in escrow on a property that I had represented her on (nice hanging preposition there), then I would make an ethics complaint with the other brokers involved in the transaction.
Regarding rebating commission:
I have not ever heard of a broker not allowing an agent to rebate their own commission back. If its my money, I can do with it what I like. I did have a situation where I covered the cost of a home inspection upon closing. However, the escrow firm wanted a new addendum signed around to process it as a rebate (that is not always the case). In the interest of simplicity, I just cut a check after I got my check.Also, SD realtor is wrong (and this is an opinion) about getting rebates back. As a buyer you really become a losing proposition when you start asking for a piece of their paycheck to be kicked back to you. Take as an example this situation: A new Prudential Cal agent starts with a 35% broker split (last I check which was a couple years ago). He keeps 35 cents of every dollar he generates. He meets a client whom he goes out with 3 times for a total of 9hrs and 60 miles. Because he is an agent he drives a 4 door car with mid range mileage. The buyer is 1st timer and does not want to spend more than 200k. Considering a buyer side gross commission is likely about 3%, that means the most he can home to make off of this is 2100 bucks over the course of several weeks. Assuming an offer is accepted, that means that means 1-2 months of work making sure the escrow moves along. Figure 100 hours of work total between calls by the nervous buyer, explaining forms, attending inspections, requesting repairs, etc. In addition there are Realtor dues that total almost 1000 per year. Assuming this account for about 5% of his business that year, that means this transaction costs him $50 in dues. Finally, there are the other business expenses. He needs, at a minimum a laptop and a cell phone with a liberal calling plan. Figure another $50 in personal expenses for this transaction (that is likely a conservative estimate). So for 2100 dollars, the agent spends about 109 hours, about 100 dollars, and drives 60 miles.
This example does not hold if the buyer finds all the properties herself, or the agent never does any of those (fairly standard) things mentioned above, or if the purchase price is significantly higher, or if the split in the agents office is better. However, my point remains that having a cheap, easy, and financially lucrative transaction is an exception rather than a rule. Yesterday I spent 11 hours with clients. I don’t get paid unless they actually close a purchase. I will really re-think how much effort I put into helping them if they start asking me to kick back money.
Again my opinion.urbanrealtor
Participant[quote=SD Realtor]e if you have not signed a specific representation agreement I see no problem with either situation you have posed. It would be…. polite for you to at least inform the agent you are working with that you are working with someone else. If they inquire why you can let them know. Any buyers agent can go ahead and reduce the commission they receive and rebate it back to you (yet most of thier brokers will not allow that).
It is all negotiable. I never understand why more buyers do not demand that. [/quote]
Regarding working with a different agent simultaneously:
I would consider it appropriate to mention that you may or may not use them on other offers you submit.
Regarding switching agents on a particular property:
It is legal to do that but unless you explicitly broke off relations with your previous agent, i would consider it unethical. If I found out that my buyer was in escrow on a property that I had represented her on (nice hanging preposition there), then I would make an ethics complaint with the other brokers involved in the transaction.
Regarding rebating commission:
I have not ever heard of a broker not allowing an agent to rebate their own commission back. If its my money, I can do with it what I like. I did have a situation where I covered the cost of a home inspection upon closing. However, the escrow firm wanted a new addendum signed around to process it as a rebate (that is not always the case). In the interest of simplicity, I just cut a check after I got my check.Also, SD realtor is wrong (and this is an opinion) about getting rebates back. As a buyer you really become a losing proposition when you start asking for a piece of their paycheck to be kicked back to you. Take as an example this situation: A new Prudential Cal agent starts with a 35% broker split (last I check which was a couple years ago). He keeps 35 cents of every dollar he generates. He meets a client whom he goes out with 3 times for a total of 9hrs and 60 miles. Because he is an agent he drives a 4 door car with mid range mileage. The buyer is 1st timer and does not want to spend more than 200k. Considering a buyer side gross commission is likely about 3%, that means the most he can home to make off of this is 2100 bucks over the course of several weeks. Assuming an offer is accepted, that means that means 1-2 months of work making sure the escrow moves along. Figure 100 hours of work total between calls by the nervous buyer, explaining forms, attending inspections, requesting repairs, etc. In addition there are Realtor dues that total almost 1000 per year. Assuming this account for about 5% of his business that year, that means this transaction costs him $50 in dues. Finally, there are the other business expenses. He needs, at a minimum a laptop and a cell phone with a liberal calling plan. Figure another $50 in personal expenses for this transaction (that is likely a conservative estimate). So for 2100 dollars, the agent spends about 109 hours, about 100 dollars, and drives 60 miles.
This example does not hold if the buyer finds all the properties herself, or the agent never does any of those (fairly standard) things mentioned above, or if the purchase price is significantly higher, or if the split in the agents office is better. However, my point remains that having a cheap, easy, and financially lucrative transaction is an exception rather than a rule. Yesterday I spent 11 hours with clients. I don’t get paid unless they actually close a purchase. I will really re-think how much effort I put into helping them if they start asking me to kick back money.
Again my opinion.urbanrealtor
Participant[quote=SD Realtor]e if you have not signed a specific representation agreement I see no problem with either situation you have posed. It would be…. polite for you to at least inform the agent you are working with that you are working with someone else. If they inquire why you can let them know. Any buyers agent can go ahead and reduce the commission they receive and rebate it back to you (yet most of thier brokers will not allow that).
It is all negotiable. I never understand why more buyers do not demand that. [/quote]
Regarding working with a different agent simultaneously:
I would consider it appropriate to mention that you may or may not use them on other offers you submit.
Regarding switching agents on a particular property:
It is legal to do that but unless you explicitly broke off relations with your previous agent, i would consider it unethical. If I found out that my buyer was in escrow on a property that I had represented her on (nice hanging preposition there), then I would make an ethics complaint with the other brokers involved in the transaction.
Regarding rebating commission:
I have not ever heard of a broker not allowing an agent to rebate their own commission back. If its my money, I can do with it what I like. I did have a situation where I covered the cost of a home inspection upon closing. However, the escrow firm wanted a new addendum signed around to process it as a rebate (that is not always the case). In the interest of simplicity, I just cut a check after I got my check.Also, SD realtor is wrong (and this is an opinion) about getting rebates back. As a buyer you really become a losing proposition when you start asking for a piece of their paycheck to be kicked back to you. Take as an example this situation: A new Prudential Cal agent starts with a 35% broker split (last I check which was a couple years ago). He keeps 35 cents of every dollar he generates. He meets a client whom he goes out with 3 times for a total of 9hrs and 60 miles. Because he is an agent he drives a 4 door car with mid range mileage. The buyer is 1st timer and does not want to spend more than 200k. Considering a buyer side gross commission is likely about 3%, that means the most he can home to make off of this is 2100 bucks over the course of several weeks. Assuming an offer is accepted, that means that means 1-2 months of work making sure the escrow moves along. Figure 100 hours of work total between calls by the nervous buyer, explaining forms, attending inspections, requesting repairs, etc. In addition there are Realtor dues that total almost 1000 per year. Assuming this account for about 5% of his business that year, that means this transaction costs him $50 in dues. Finally, there are the other business expenses. He needs, at a minimum a laptop and a cell phone with a liberal calling plan. Figure another $50 in personal expenses for this transaction (that is likely a conservative estimate). So for 2100 dollars, the agent spends about 109 hours, about 100 dollars, and drives 60 miles.
This example does not hold if the buyer finds all the properties herself, or the agent never does any of those (fairly standard) things mentioned above, or if the purchase price is significantly higher, or if the split in the agents office is better. However, my point remains that having a cheap, easy, and financially lucrative transaction is an exception rather than a rule. Yesterday I spent 11 hours with clients. I don’t get paid unless they actually close a purchase. I will really re-think how much effort I put into helping them if they start asking me to kick back money.
Again my opinion.urbanrealtor
Participant[quote=SD Realtor]e if you have not signed a specific representation agreement I see no problem with either situation you have posed. It would be…. polite for you to at least inform the agent you are working with that you are working with someone else. If they inquire why you can let them know. Any buyers agent can go ahead and reduce the commission they receive and rebate it back to you (yet most of thier brokers will not allow that).
It is all negotiable. I never understand why more buyers do not demand that. [/quote]
Regarding working with a different agent simultaneously:
I would consider it appropriate to mention that you may or may not use them on other offers you submit.
Regarding switching agents on a particular property:
It is legal to do that but unless you explicitly broke off relations with your previous agent, i would consider it unethical. If I found out that my buyer was in escrow on a property that I had represented her on (nice hanging preposition there), then I would make an ethics complaint with the other brokers involved in the transaction.
Regarding rebating commission:
I have not ever heard of a broker not allowing an agent to rebate their own commission back. If its my money, I can do with it what I like. I did have a situation where I covered the cost of a home inspection upon closing. However, the escrow firm wanted a new addendum signed around to process it as a rebate (that is not always the case). In the interest of simplicity, I just cut a check after I got my check.Also, SD realtor is wrong (and this is an opinion) about getting rebates back. As a buyer you really become a losing proposition when you start asking for a piece of their paycheck to be kicked back to you. Take as an example this situation: A new Prudential Cal agent starts with a 35% broker split (last I check which was a couple years ago). He keeps 35 cents of every dollar he generates. He meets a client whom he goes out with 3 times for a total of 9hrs and 60 miles. Because he is an agent he drives a 4 door car with mid range mileage. The buyer is 1st timer and does not want to spend more than 200k. Considering a buyer side gross commission is likely about 3%, that means the most he can home to make off of this is 2100 bucks over the course of several weeks. Assuming an offer is accepted, that means that means 1-2 months of work making sure the escrow moves along. Figure 100 hours of work total between calls by the nervous buyer, explaining forms, attending inspections, requesting repairs, etc. In addition there are Realtor dues that total almost 1000 per year. Assuming this account for about 5% of his business that year, that means this transaction costs him $50 in dues. Finally, there are the other business expenses. He needs, at a minimum a laptop and a cell phone with a liberal calling plan. Figure another $50 in personal expenses for this transaction (that is likely a conservative estimate). So for 2100 dollars, the agent spends about 109 hours, about 100 dollars, and drives 60 miles.
This example does not hold if the buyer finds all the properties herself, or the agent never does any of those (fairly standard) things mentioned above, or if the purchase price is significantly higher, or if the split in the agents office is better. However, my point remains that having a cheap, easy, and financially lucrative transaction is an exception rather than a rule. Yesterday I spent 11 hours with clients. I don’t get paid unless they actually close a purchase. I will really re-think how much effort I put into helping them if they start asking me to kick back money.
Again my opinion.urbanrealtor
Participant[quote=SD Realtor]e if you have not signed a specific representation agreement I see no problem with either situation you have posed. It would be…. polite for you to at least inform the agent you are working with that you are working with someone else. If they inquire why you can let them know. Any buyers agent can go ahead and reduce the commission they receive and rebate it back to you (yet most of thier brokers will not allow that).
It is all negotiable. I never understand why more buyers do not demand that. [/quote]
Regarding working with a different agent simultaneously:
I would consider it appropriate to mention that you may or may not use them on other offers you submit.
Regarding switching agents on a particular property:
It is legal to do that but unless you explicitly broke off relations with your previous agent, i would consider it unethical. If I found out that my buyer was in escrow on a property that I had represented her on (nice hanging preposition there), then I would make an ethics complaint with the other brokers involved in the transaction.
Regarding rebating commission:
I have not ever heard of a broker not allowing an agent to rebate their own commission back. If its my money, I can do with it what I like. I did have a situation where I covered the cost of a home inspection upon closing. However, the escrow firm wanted a new addendum signed around to process it as a rebate (that is not always the case). In the interest of simplicity, I just cut a check after I got my check.Also, SD realtor is wrong (and this is an opinion) about getting rebates back. As a buyer you really become a losing proposition when you start asking for a piece of their paycheck to be kicked back to you. Take as an example this situation: A new Prudential Cal agent starts with a 35% broker split (last I check which was a couple years ago). He keeps 35 cents of every dollar he generates. He meets a client whom he goes out with 3 times for a total of 9hrs and 60 miles. Because he is an agent he drives a 4 door car with mid range mileage. The buyer is 1st timer and does not want to spend more than 200k. Considering a buyer side gross commission is likely about 3%, that means the most he can home to make off of this is 2100 bucks over the course of several weeks. Assuming an offer is accepted, that means that means 1-2 months of work making sure the escrow moves along. Figure 100 hours of work total between calls by the nervous buyer, explaining forms, attending inspections, requesting repairs, etc. In addition there are Realtor dues that total almost 1000 per year. Assuming this account for about 5% of his business that year, that means this transaction costs him $50 in dues. Finally, there are the other business expenses. He needs, at a minimum a laptop and a cell phone with a liberal calling plan. Figure another $50 in personal expenses for this transaction (that is likely a conservative estimate). So for 2100 dollars, the agent spends about 109 hours, about 100 dollars, and drives 60 miles.
This example does not hold if the buyer finds all the properties herself, or the agent never does any of those (fairly standard) things mentioned above, or if the purchase price is significantly higher, or if the split in the agents office is better. However, my point remains that having a cheap, easy, and financially lucrative transaction is an exception rather than a rule. Yesterday I spent 11 hours with clients. I don’t get paid unless they actually close a purchase. I will really re-think how much effort I put into helping them if they start asking me to kick back money.
Again my opinion.urbanrealtor
Participant[quote=Allan from Fallbrook]Dan: Whatever our differences, the fact you put Philip K. Dick at the top of your list makes you the man! Greatest sci-fi author ever, and Isaac Asimov and Arthur C. Clarke can kiss my a**.
Have you ever read “The Man in the High Castle”? Excellent alternative history novel that postulates an Axis victory in WWII.
CardiffBaseball: The lead for Rage is a Chomsky groupie, and his politics are thusly skewed. He’s a tool, but the music is good. If you like Rage, you should check out Sepultura.[/quote]
Dude.
Seriously no dissing on the fella who coined the term robot.As far as MITHC, I loved it.
The only complaint is the same one that I have for all his books. The change of perspective at the end and shifting nature of self is a bit non-linear for me. I found the whole I Ching of Nazism a bit irritating. As far as the details, I really found them cool (eg: dropping the definite articles as a cue for class status).Still don’t get the irritation with leftism. Your discourse is, with that notable exception, smarter than the usual polemics. I understand not agreeing with it but still.
Please respond intelligently with at least one reference to Phil Dick, Akira Kurosawa, or Stanley Kubrick. Also, I have drive-arounds with buyers and 2 listing appointments tomorrow so give me till tomorrow night or Sunday to respond.
Thanks.
Dan.urbanrealtor
Participant[quote=Allan from Fallbrook]Dan: Whatever our differences, the fact you put Philip K. Dick at the top of your list makes you the man! Greatest sci-fi author ever, and Isaac Asimov and Arthur C. Clarke can kiss my a**.
Have you ever read “The Man in the High Castle”? Excellent alternative history novel that postulates an Axis victory in WWII.
CardiffBaseball: The lead for Rage is a Chomsky groupie, and his politics are thusly skewed. He’s a tool, but the music is good. If you like Rage, you should check out Sepultura.[/quote]
Dude.
Seriously no dissing on the fella who coined the term robot.As far as MITHC, I loved it.
The only complaint is the same one that I have for all his books. The change of perspective at the end and shifting nature of self is a bit non-linear for me. I found the whole I Ching of Nazism a bit irritating. As far as the details, I really found them cool (eg: dropping the definite articles as a cue for class status).Still don’t get the irritation with leftism. Your discourse is, with that notable exception, smarter than the usual polemics. I understand not agreeing with it but still.
Please respond intelligently with at least one reference to Phil Dick, Akira Kurosawa, or Stanley Kubrick. Also, I have drive-arounds with buyers and 2 listing appointments tomorrow so give me till tomorrow night or Sunday to respond.
Thanks.
Dan.urbanrealtor
Participant[quote=Allan from Fallbrook]Dan: Whatever our differences, the fact you put Philip K. Dick at the top of your list makes you the man! Greatest sci-fi author ever, and Isaac Asimov and Arthur C. Clarke can kiss my a**.
Have you ever read “The Man in the High Castle”? Excellent alternative history novel that postulates an Axis victory in WWII.
CardiffBaseball: The lead for Rage is a Chomsky groupie, and his politics are thusly skewed. He’s a tool, but the music is good. If you like Rage, you should check out Sepultura.[/quote]
Dude.
Seriously no dissing on the fella who coined the term robot.As far as MITHC, I loved it.
The only complaint is the same one that I have for all his books. The change of perspective at the end and shifting nature of self is a bit non-linear for me. I found the whole I Ching of Nazism a bit irritating. As far as the details, I really found them cool (eg: dropping the definite articles as a cue for class status).Still don’t get the irritation with leftism. Your discourse is, with that notable exception, smarter than the usual polemics. I understand not agreeing with it but still.
Please respond intelligently with at least one reference to Phil Dick, Akira Kurosawa, or Stanley Kubrick. Also, I have drive-arounds with buyers and 2 listing appointments tomorrow so give me till tomorrow night or Sunday to respond.
Thanks.
Dan.urbanrealtor
Participant[quote=Allan from Fallbrook]Dan: Whatever our differences, the fact you put Philip K. Dick at the top of your list makes you the man! Greatest sci-fi author ever, and Isaac Asimov and Arthur C. Clarke can kiss my a**.
Have you ever read “The Man in the High Castle”? Excellent alternative history novel that postulates an Axis victory in WWII.
CardiffBaseball: The lead for Rage is a Chomsky groupie, and his politics are thusly skewed. He’s a tool, but the music is good. If you like Rage, you should check out Sepultura.[/quote]
Dude.
Seriously no dissing on the fella who coined the term robot.As far as MITHC, I loved it.
The only complaint is the same one that I have for all his books. The change of perspective at the end and shifting nature of self is a bit non-linear for me. I found the whole I Ching of Nazism a bit irritating. As far as the details, I really found them cool (eg: dropping the definite articles as a cue for class status).Still don’t get the irritation with leftism. Your discourse is, with that notable exception, smarter than the usual polemics. I understand not agreeing with it but still.
Please respond intelligently with at least one reference to Phil Dick, Akira Kurosawa, or Stanley Kubrick. Also, I have drive-arounds with buyers and 2 listing appointments tomorrow so give me till tomorrow night or Sunday to respond.
Thanks.
Dan.urbanrealtor
Participant[quote=Allan from Fallbrook]Dan: Whatever our differences, the fact you put Philip K. Dick at the top of your list makes you the man! Greatest sci-fi author ever, and Isaac Asimov and Arthur C. Clarke can kiss my a**.
Have you ever read “The Man in the High Castle”? Excellent alternative history novel that postulates an Axis victory in WWII.
CardiffBaseball: The lead for Rage is a Chomsky groupie, and his politics are thusly skewed. He’s a tool, but the music is good. If you like Rage, you should check out Sepultura.[/quote]
Dude.
Seriously no dissing on the fella who coined the term robot.As far as MITHC, I loved it.
The only complaint is the same one that I have for all his books. The change of perspective at the end and shifting nature of self is a bit non-linear for me. I found the whole I Ching of Nazism a bit irritating. As far as the details, I really found them cool (eg: dropping the definite articles as a cue for class status).Still don’t get the irritation with leftism. Your discourse is, with that notable exception, smarter than the usual polemics. I understand not agreeing with it but still.
Please respond intelligently with at least one reference to Phil Dick, Akira Kurosawa, or Stanley Kubrick. Also, I have drive-arounds with buyers and 2 listing appointments tomorrow so give me till tomorrow night or Sunday to respond.
Thanks.
Dan.urbanrealtor
ParticipantI just re-read the below post and I don’t want to come off as an apologist for cheesy agents. I really am trying to explain some of the ethical considerations that go into doing business as an agent. I will start with this: In a market where buyers’ agents are only paid upon closing, it is necessary to work with multiple buyers at any given time. Many leads just turn out to be tire-kickers with lots of time on their hands.
The primary cognitive referent regarding “good” or “bad” practices in this business is ethical behavior. That means the question an agent will ask (of himself or whomever) is “Is this practice or deed ethical?”
I don’t want to give you a semantic lecture but that basically means a question of how widespread the practice is, how clearly it was described, and whether or not it is considered “fair” by those who encounter it most. Ethics are shared morals.
Personal or non-shared idiosyncratic morals do not get much consideration in the grand scheme.If you used the standard California Association of Realtors Residential Purchase Agreement and Joint Escrow Instructions (hereinafter referred to as the “CAR RPA” or “RPA” or “offer”) there is a section (paragraph 27B) that states that there may be offers from other buyers and that the agent you are working with may bring those offers.
The fact that this is disclosed to you (whether or not you actually read the form you signed) and that it is a standard of practice is what makes it not unethical.
It would be arguably unethical for your agent to start going over the specifics of somebody else’s offer with you. While it is considered legal, most agents will not do it. That means that he probably acted more ethically by not discussing the other offer with you.
Here is an example. If a good deal comes active in my market, I will show it to several of my buyers. If 2 buyers asked to write offers, I would be required to represent them enthusiastically and ethically. It would be unethical for me to discuss one client’s business with another client. I would ethically disclose to each of them that, in theory, there could be competing offers. Also, please remember that the agent is not the one that decides how much the buyer offers.
It is also arguably unethical for the listing agent to be discussing the property issues with you and without your agent. While certainly different, there are some similarities to the relationship an attorney has with his client. This listing agent is a professional with more expertise than you and he really could have taken advantage of you.
Here is an example. Recently, I had an open house. The property was listed by an agent in another city (Encinitas). I do this a lot to meet prospective buyers and gain name recognition. Another agent in my office with whom I am friends sent her clients by themselves to the open house (she was busy). She knew that I would respect the agency relationship between her and them. Because the clients have seen her and I together and because we have desks next to each other and because we have the same logo on our card, they assumed we are really part of a team (which would generally mean we share income and clients). This was understandable and innocent. They started to talk about purchasing strategies. I stopped them right there. I advised that I am not their agent and that I was, in fact working with buyers on that particular property. The implication was (correctly) that I would use what they said in my presence to the advantage of my clients. That bothered them but I would rather have irritated attendees than act unethically.
urbanrealtor
ParticipantI just re-read the below post and I don’t want to come off as an apologist for cheesy agents. I really am trying to explain some of the ethical considerations that go into doing business as an agent. I will start with this: In a market where buyers’ agents are only paid upon closing, it is necessary to work with multiple buyers at any given time. Many leads just turn out to be tire-kickers with lots of time on their hands.
The primary cognitive referent regarding “good” or “bad” practices in this business is ethical behavior. That means the question an agent will ask (of himself or whomever) is “Is this practice or deed ethical?”
I don’t want to give you a semantic lecture but that basically means a question of how widespread the practice is, how clearly it was described, and whether or not it is considered “fair” by those who encounter it most. Ethics are shared morals.
Personal or non-shared idiosyncratic morals do not get much consideration in the grand scheme.If you used the standard California Association of Realtors Residential Purchase Agreement and Joint Escrow Instructions (hereinafter referred to as the “CAR RPA” or “RPA” or “offer”) there is a section (paragraph 27B) that states that there may be offers from other buyers and that the agent you are working with may bring those offers.
The fact that this is disclosed to you (whether or not you actually read the form you signed) and that it is a standard of practice is what makes it not unethical.
It would be arguably unethical for your agent to start going over the specifics of somebody else’s offer with you. While it is considered legal, most agents will not do it. That means that he probably acted more ethically by not discussing the other offer with you.
Here is an example. If a good deal comes active in my market, I will show it to several of my buyers. If 2 buyers asked to write offers, I would be required to represent them enthusiastically and ethically. It would be unethical for me to discuss one client’s business with another client. I would ethically disclose to each of them that, in theory, there could be competing offers. Also, please remember that the agent is not the one that decides how much the buyer offers.
It is also arguably unethical for the listing agent to be discussing the property issues with you and without your agent. While certainly different, there are some similarities to the relationship an attorney has with his client. This listing agent is a professional with more expertise than you and he really could have taken advantage of you.
Here is an example. Recently, I had an open house. The property was listed by an agent in another city (Encinitas). I do this a lot to meet prospective buyers and gain name recognition. Another agent in my office with whom I am friends sent her clients by themselves to the open house (she was busy). She knew that I would respect the agency relationship between her and them. Because the clients have seen her and I together and because we have desks next to each other and because we have the same logo on our card, they assumed we are really part of a team (which would generally mean we share income and clients). This was understandable and innocent. They started to talk about purchasing strategies. I stopped them right there. I advised that I am not their agent and that I was, in fact working with buyers on that particular property. The implication was (correctly) that I would use what they said in my presence to the advantage of my clients. That bothered them but I would rather have irritated attendees than act unethically.
urbanrealtor
ParticipantI just re-read the below post and I don’t want to come off as an apologist for cheesy agents. I really am trying to explain some of the ethical considerations that go into doing business as an agent. I will start with this: In a market where buyers’ agents are only paid upon closing, it is necessary to work with multiple buyers at any given time. Many leads just turn out to be tire-kickers with lots of time on their hands.
The primary cognitive referent regarding “good” or “bad” practices in this business is ethical behavior. That means the question an agent will ask (of himself or whomever) is “Is this practice or deed ethical?”
I don’t want to give you a semantic lecture but that basically means a question of how widespread the practice is, how clearly it was described, and whether or not it is considered “fair” by those who encounter it most. Ethics are shared morals.
Personal or non-shared idiosyncratic morals do not get much consideration in the grand scheme.If you used the standard California Association of Realtors Residential Purchase Agreement and Joint Escrow Instructions (hereinafter referred to as the “CAR RPA” or “RPA” or “offer”) there is a section (paragraph 27B) that states that there may be offers from other buyers and that the agent you are working with may bring those offers.
The fact that this is disclosed to you (whether or not you actually read the form you signed) and that it is a standard of practice is what makes it not unethical.
It would be arguably unethical for your agent to start going over the specifics of somebody else’s offer with you. While it is considered legal, most agents will not do it. That means that he probably acted more ethically by not discussing the other offer with you.
Here is an example. If a good deal comes active in my market, I will show it to several of my buyers. If 2 buyers asked to write offers, I would be required to represent them enthusiastically and ethically. It would be unethical for me to discuss one client’s business with another client. I would ethically disclose to each of them that, in theory, there could be competing offers. Also, please remember that the agent is not the one that decides how much the buyer offers.
It is also arguably unethical for the listing agent to be discussing the property issues with you and without your agent. While certainly different, there are some similarities to the relationship an attorney has with his client. This listing agent is a professional with more expertise than you and he really could have taken advantage of you.
Here is an example. Recently, I had an open house. The property was listed by an agent in another city (Encinitas). I do this a lot to meet prospective buyers and gain name recognition. Another agent in my office with whom I am friends sent her clients by themselves to the open house (she was busy). She knew that I would respect the agency relationship between her and them. Because the clients have seen her and I together and because we have desks next to each other and because we have the same logo on our card, they assumed we are really part of a team (which would generally mean we share income and clients). This was understandable and innocent. They started to talk about purchasing strategies. I stopped them right there. I advised that I am not their agent and that I was, in fact working with buyers on that particular property. The implication was (correctly) that I would use what they said in my presence to the advantage of my clients. That bothered them but I would rather have irritated attendees than act unethically.
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