How do you handle an agent who poaches your client at an open house?

Question

Answers Subscribe to Answers

Sort

Ambassador
4,318,402

Praful Thakkar

LAER Realty Partners - Andover, MA

Andover, MA: Andover Luxury Homes For Sale

Donna, happened to me and the agent at open house wrote an offer with her, too.

I called the agent and buyers backed out. However that was so unethical of her to do that knowing they had representation.

May 09, 2015 05:39 AM

Upvote

1

Donna Flaherty

Islip, NY

Rainmaker
175,514

Spirit Messingham

Tierra Antigua Realty - Tucson, AZ

Third Generation Full-Time Realtor® 520 471-6900

It has never happened to me, that I know of.

May 09, 2015 01:35 AM

Upvote

1

Sandy Padula & Norm Pa...

, CA

Rainmaker
115,420

Jeanne Feenick

NextHome Premier - Basking Ridge, NJ

The Agent you choose REALLY does make a difference

....with extreme caution.

I had this happen to me recently, "poaching" is a good description. Long standing relationship and ready to list their townhome (which I had sold to them a few years back). Then the "local guy who lives in the complex" did his strong push on them convincing them that they would be far better served with him. He had been the listing agent on the unit we bought and at the time we found him quite creepy. When we looked at units in the development to get a good sense of the competition as we approached listing time, he was watching our every move - again creepy. But somehow he managed to carry the day.

Memories are long - and reputations take a long time to build. Remember this behavior.

....we just had a long discussion about procuring cause at a meeting yesterday. You might talk with your broker/manager for guidance.

May 09, 2015 12:07 AM

Upvote

1

Sandy Padula & Norm Pa...

, CA

Rainmaker
699,177

Chris and Dick Dovorany

Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL

Broker/Associate at Premiere Plus Realty

Call their broker and board.

May 13, 2015 03:47 AM

Upvote

Rainmaker
7,308,619

Roy Kelley

Retired - Gaithersburg, MD

Your best protection is an exclusive agreement with your clients. If you fail to have an exclusive agreement, they are free to use other agents and you should not blame this on the the agents who will take advantage of opportunities.

May 09, 2015 09:03 AM

Upvote

Rainmaker
5,581,941

Barbara Todaro

RE/MAX Executive Realty - Happily Retired - Franklin, MA

Previously Affiliated with The Todaro Team

I would have called that agent and clearly would CLEARLY make her understand that the buyer was working with you...and if she was that desperate for business, you would try to refer some of YOUR OVERFLOW to her.... however, there would be no guarantees of this happening, since your clients ARE VERY PARTICULAR ABOUT THE QUALITY OF AGENT THEY DEAL WITH, AND SHE PROBABLY WOULD NOT MAKE THE CUT!!!!!!!!!!!!!!!!!!!

that would be as nice as I could possibly say it....it goes downhill from there....TRUST ME ON THAT.

May 09, 2015 07:01 AM

Upvote

Rainmaker
4,799,925

Gabe Sanders

Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL

Stuart Florida Real Estate

If your client advised this agent that they were working with you, I would consider asking your broker to let the other agent's broker know about this situation.

May 09, 2015 04:46 AM

Upvote

Rainer
5,180

Donna Flaherty

Douglas Elliman Realty - Islip, NY

The client, in this case is a very dear, old friend, almost family. I did have a discussion about representation with them at the onset of business & had them sign a disclosure. After this happened I explained to them that the agent was out of line & her behavior unethical. I didn't feel I would have the grounds to file an charge of ethics violation without an exclusive buyers rep agreement with my client. Of course after the fact I did ask them to sign but at that point they didn't want to be the source of conflict because they were still interested in the Agent's community. I respect their wishes & wouldn't do anything to make them uncomfortable. I'll remember that agent & express my distaste for her practices if the opportunity presents itself. Live & learn. I'm just practicing 2 years, I have a lot to learn. Hopefully the lessons aren't too punishing. I actually didn't even know the client was going to an open house. They like to act independently. But I had reminded them to present my card if they did go.

May 09, 2015 03:12 AM

Upvote

Rainmaker
443,009

Cindy Davis

SD Home Source Realty - San Diego, CA

First, I always go with my buyers to open houses. I don't trust other agents to do exactly what you are describing. As you said, your client was a willing a willing participant and you had no agency disclosure.

I would have to think long and hard about approaching the agent and/or his broker. This could easily be reduced to a misinterpretation or different sides of the story.

May 09, 2015 02:28 AM

Upvote

Rainmaker
398,456

Jill Murty, Realtor - Orange County, CA

Movoto - Laguna Niguel, CA

My initial response is that you ought to track that agent down and deliver a good kick in the knee. The downside is that it would be tough to practice real estate from your jail cell after having been convicted of (justifiable) assault.

I'd chat with the clients and let them know they can choose to work with whomever they wish.

They might want to keep in mind that the open house agent's attempts to gain them as clients is not appropriate, as the agent knew the clients were already represented.

If the clients want to work with someone whose behavior is unethical, they should consider how they're putting themselvess at risk by working with such a person.

May 09, 2015 02:06 AM

Upvote

Rainmaker
1,690,554

Sandy Padula & Norm Padula, JD, GRI

HomeSmart Realty West & Florida Realty Investments - , CA

Presence, Persistence & Perseverance

This seems like an Code of Ethics violation and you should discus this issue with your managing broker.

May 09, 2015 01:42 AM

Upvote

Back to Top

Donna, happened to me and the agent at open house wrote an offer with her, too.

I called the agent and buyers backed out. However that was so unethical of her to do that knowing they had representation.
....with extreme caution.

I had this happen to me recently, "poaching" is a good description. Long standing relationship and ready to list their townhome (which I had sold to them a few years back). Then the "local guy who lives in the complex" did his strong push on them convincing them that they would be far better served with him. He had been the listing agent on the unit we bought and at the time we found him quite creepy. When we looked at units in the development to get a good sense of the competition as we approached listing time, he was watching our every move - again creepy. But somehow he managed to carry the day.

Memories are long - and reputations take a long time to build. Remember this behavior.

....we just had a long discussion about procuring cause at a meeting yesterday. You might talk with your broker/manager for guidance.
Your best protection is an exclusive agreement with your clients. If you fail to have an exclusive agreement, they are free to use other agents and you should not blame this on the the agents who will take advantage of opportunities.
I would have called that agent and clearly would CLEARLY make her understand that the buyer was working with you...and if she was that desperate for business, you would try to refer some of YOUR OVERFLOW to her.... however, there would be no guarantees of this happening, since your clients ARE VERY PARTICULAR ABOUT THE QUALITY OF AGENT THEY DEAL WITH, AND SHE PROBABLY WOULD NOT MAKE THE CUT!!!!!!!!!!!!!!!!!!!

that would be as nice as I could possibly say it....it goes downhill from there....TRUST ME ON THAT.
If your client advised this agent that they were working with you, I would consider asking your broker to let the other agent's broker know about this situation.
The client, in this case is a very dear, old friend, almost family. I did have a discussion about representation with them at the onset of business & had them sign a disclosure. After this happened I explained to them that the agent was out of line & her behavior unethical. I didn't feel I would have the grounds to file an charge of ethics violation without an exclusive buyers rep agreement with my client. Of course after the fact I did ask them to sign but at that point they didn't want to be the source of conflict because they were still interested in the Agent's community. I respect their wishes & wouldn't do anything to make them uncomfortable. I'll remember that agent & express my distaste for her practices if the opportunity presents itself. Live & learn. I'm just practicing 2 years, I have a lot to learn. Hopefully the lessons aren't too punishing. I actually didn't even know the client was going to an open house. They like to act independently. But I had reminded them to present my card if they did go.
First, I always go with my buyers to open houses. I don't trust other agents to do exactly what you are describing. As you said, your client was a willing a willing participant and you had no agency disclosure.

I would have to think long and hard about approaching the agent and/or his broker. This could easily be reduced to a misinterpretation or different sides of the story.
My initial response is that you ought to track that agent down and deliver a good kick in the knee. The downside is that it would be tough to practice real estate from your jail cell after having been convicted of (justifiable) assault.

I'd chat with the clients and let them know they can choose to work with whomever they wish.

They might want to keep in mind that the open house agent's attempts to gain them as clients is not appropriate, as the agent knew the clients were already represented.

If the clients want to work with someone whose behavior is unethical, they should consider how they're putting themselvess at risk by working with such a person.
This seems like an Code of Ethics violation and you should discus this issue with your managing broker.