1,844,301
Sorry, I just don't get your Q.
I will say that visiting an Open House does not make that buyer your client.
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Pete Xavier
Pacific Palisades, CA
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Kasey & John Boles
Boise, ID
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Les & Sarah Oswald
Eastvale, CA
-
Barbara Todaro
Franklin, MA
-
Thomas J. Nelson, REAL...
La Jolla, CA
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Michael Jacobs
Pasadena, CA
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Nina Hollander, Broker
Charlotte, NC
-
Jennifer Mackay
Panama City, FL
-
Julie Larson Realtor® ...
Sarasota, FL
5,104,931
What Lyn Sims said. Attendance at an open house does not a client make. And really, if there are issues it is about procuring cause. But an open house is not in of itself a procuring cause.
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Jill Sackler
Long Beach, NY
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Pete Xavier
Pacific Palisades, CA
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Kasey & John Boles
Boise, ID
-
Thomas J. Nelson, REAL...
La Jolla, CA
-
Julie Larson Realtor® ...
Sarasota, FL
-
Teri Pacitto
Westlake Village, CA
-
Michael Jacobs
Pasadena, CA
-
Jennifer Mackay
Panama City, FL
900,248
During an Open House, the agents are representing the SELLER and should have a sign in the home posted to that effect. Without a specific Buyer Agency agreement, they have no right to claim those buyers (unless the laws in your state are different). Don't believe they can claim procuring cause at an OPEN house.
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Inna Ivchenko
Encino, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
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Mimi Foster
Colorado Springs, CO
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Nina Hollander, Broker
Charlotte, NC
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Lyn Sims
Schaumburg, IL
1,543,843
All my buyer's are under contract. Listing agents and builders can make all the claims they want; I've got a contract and they do not.
Listing agents and new construction sales offices do not have a claim on your clients; not if they want to sell homes. The MLS advertises a cooperating fee paid; end of story.
Screw them Kathryn Acciari they are legally obligated to present your offer.
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Anita Clark
Warner Robins, GA
-
Pete Xavier
Pacific Palisades, CA
-
Thomas J. Nelson, REAL...
La Jolla, CA
1,026,993
I would make sure I have a secure Buyer Agency with the client who looked at the Open House and then present their offer. If someone refused to accept our offer, I would go to the managing broker. This is about working for the best interests of their client, not about whether or not they're going to have to split the commission.
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Pete Xavier
Pacific Palisades, CA
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Kasey & John Boles
Boise, ID
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Eve Alexander
Tampa, FL
2,182,552
This is so wrong ! Buyers need Representation (advice, counseling , strategy ,agent's knowledge to slant agreement) and should be allowed to interview and hire. Someone lounging around at an Open does not equate to pro-curring cause !
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Thomas J. Nelson, REAL...
La Jolla, CA
-
Lynnea Miller
Bend, OR
-
Michael J. Perry
Lancaster, PA
1,712,676
Nice doesn't matter, fair and ethical matter.
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Anna "Banana" Kruchten
Phoenix, AZ
-
Thomas J. Nelson, REAL...
La Jolla, CA
-
Nina Hollander, Broker
Charlotte, NC
989,652
What exactly is the question? If a buyer shows up at an open house and the listing agent owns the buyer?
I'm confused
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Michael Jacobs
Pasadena, CA
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Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
864,658
Procuring cause is a serious of continuous steps by which the buyer is represented from start to finish. A mere tour of an open house does not show procuring cause.
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Eve Alexander
Tampa, FL
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Kasey & John Boles
Boise, ID
3,345,091
I often ask myself the same question about being too nice. Is it possible to be too nice? I just dont' know the answer to that. I do know that I can be smarter about the choices and decisions I make.
Now that I have read your clarification to Lyn Sims comment and understand the question, yes, an open house is a free for all and why I am not a fan of them. The buyer has the right to work with any agent they want to work with. An open house does not create agency or procuring cause ... as Nina Hollander mentions.
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Jill Sackler
Long Beach, NY
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Kathryn Acciari
Shrewsbury, MA
2,062,245
Your question is a little confusing, but reading some of your responses in the comment stream, I think, has cleared it up.
If I'm understanding correctly... you're asking "If an open-house-attendee decides to come back with their own buyer's agent, do you (as the listing agent who sat the open house) accept that".
And I would respond that you don't have a choice. The fact that they attended your open house without an agent does not mean that they de-facto become your client. An open house is "no-man's land" on purpose. Buyers/Lookers can come look at the house without an agent and without creating an agency relationship with the agent sitting the open house.
If/when they return with their own buyer's agent... to write an offer... THEN they have chosen representation... and it should be honoured.
Period.
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Pete Xavier
Pacific Palisades, CA
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Kasey & John Boles
Boise, ID
536,943
I think you are wonderful. I paid after 2 showings , one at an open house and a second with mom . They said they had no agent then contacted a friend.
At the end of the day, The seller needed to sell and I was glad to get it done. Maybe I am too nice as well.
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Kasey & John Boles
Boise, ID
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Eve Alexander
Tampa, FL
3,416,038
It is more based on the law of procuring cause. If a buyer drives by an open house, stops, looks, then hires an agent who sets up an appointment to see the home, THEN makes an offer... then the buyer agent should be due a commission. If that buyer visited the open house, then asks a buyer agent to write contract who never saw or showed the home, the listing agent may have a case.
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Michael Jacobs
Pasadena, CA
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Julie Larson Realtor® ...
Sarasota, FL
1,197,545
I am not really sure what the question is here. I am sure you are very nice to care about your clients. Your clients are the ones who decide who is representing them.
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Nina Hollander, Broker
Charlotte, NC
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Lyn Sims
Schaumburg, IL
4,434,127
4,936,716
Most times they have a sign agreement with a buyer agent but still look at open houses. it is what it is, been bitten also like this.
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Kathryn Acciari
Shrewsbury, MA
1,525,616
I think you may have run into a couple of unscroupulous agents this week.
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Pete Xavier
Pacific Palisades, CA
1,503,008
If the buyer walks into my open house and does not state they have an agent. If I spend time showing them the house and answering their questions, that's all you need in CA to make them your client. Same thing goes for new contruction, if you don't register the buyer before they walk in, you don't get paid!
I've had it happen to me as the listing agent. Spent over an hour with a family at an open house. Got their info, followed-up with them. Offer came in with the person who was selling thier house, had never showed them my listing nor was it even on the list he gave them (per the buyer). Seller was livid and almost refused the offer and almost refused to pay the co-broke (seller can do that in Cali).
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Pete Xavier
Pacific Palisades, CA
7,836,431
I prefer your kind policy for good relationships with other agents.
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Kathryn Acciari
Shrewsbury, MA
577,750
A consumer visiting your open house does not make them your client. If you have them sign a Buyer Representation Agreement, then they become your client. If somone came into my open house, the first question I ask is "are you working with another agent, and if so are you under contract?" If the answer is no, then they are fair game.
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Kathryn Acciari
Shrewsbury, MA
5,583,278
we're listing agents, and if a buyer wanders in without a buyers agent but writes up an offer with a buyer's agent, we pay the buyer agent....always.... we represent the seller....and everyone deserves proper representation....
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Kathryn Acciari
Shrewsbury, MA
613,494
No, you are not too nice as a listing agent...you are too nice to the listing agents that are bullying you. Bite their head off and they will back off.
Eve
PS: Since when does anyone need permission to represent a buyer, make an offer or view an open house or show a property that buyers have already seen?
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Kathryn Acciari
Shrewsbury, MA
4,800,082
911,338
The agent holding open house doesn't not have authority to claim that they represent me if I visit their open house without an agent. Even if I ask open house agent some questions about the property, that still doesn't mean they represent me or that they are the procuring cause of the sale.
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Eve Alexander
Tampa, FL
1,466,207
Kathryn Acciari Showing up at an open house does not create or establish agency and the farthest thing from procurring cause. A buyer is always free to have their own representation.
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Eve Alexander
Tampa, FL
4,572,464
I don't believe attending an open house "unrepresented" establishes an agency relationship.
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Kathryn Acciari
Shrewsbury, MA
716,049
Hey wait... those people I saw over there, ya, those ones over there, I have no idea who they are... I claim them as my clients.
Ok, I was being sarcastic. This concept of having an open house by a listing agent and that a visitor is now a client of the host agent is so ridiculous that it's ridiculous.
So do your thing, show houses, write contracts, and make sure you also get the buyer representation agreement signed by your client....
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Kasey & John Boles
Boise, ID
3,071,489
1,390,113
When a buyer comes to an Open House we are hosting, we ask if they have representation. If they say no, then we offer to work with them. If they say yes, we happily split with their agent if it results in a sale.
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Nina Hollander, Broker
Charlotte, NC
1,045,440
I don't think you are I think the other agents who refused it are wrong... simply having an open house doesn't make everyone who walks in YOUR client. I think the way you handle your listings is RIGHT its what I do under those same circumstances
280,599
I'm just curious, what is "your" buyers stance? If they want you to represent them and you to submit the offer, the other broker should let it happen. Or be prepared to lose the buyer.
5,217,375
1,726,096
4,319,419
Kathryn Acciari - indeed you are too nice. Just write the offer for these buyers - and when
1,622,432
It would unlikely be the case here. Everyone is welcome to my OHs. These agents simply sabotage the sales and all duties to their seller-clients by claiming your buyer-clients.
I do not know rules in your area, but it is happening often, do instruct your client to tell the listing agents that they already work with you.
3,986,258
2,684,109
6,393,609
Attending an open does not make them their client, point this out to their broker and yours.
3,383,334
If you have a signed agency agreement, this shouldn't be an issue.
If you don't, let this be the lesson in getting one signed.
How you practice as a listing agent is not really the issue. The issue is protecting yourself from jackals like this.
5,049,477
No I think you are being ethical and professional and not just thinking about double-ending a deal and making more money. Attending an open house does not establish procurring cause. Perhaps you should speak with your broker as well
3,587,960
The first question I'd be asking at open house is - are you working with an agent? If they say yes, I'd be friendly, show them around and be glad they stopped over. If not I'd see if there was a good possibility we good work together. Typcially they are not going to buy that particular listing so it would not be a dual agent situation - which I'm not a fan of BTW.
3,988,007
I attended an agency class this week and the instructor spoke of this and how it was being done now quite often.
1,157,785
In my jurisdiction, we would refer to the MLS Rules and any other relevant rules.
809,258
Buyer's have a right to choose who represents them whether they saw a home at an open house or any other way. It doesn't even matter if the other agent hasn't seen the house. I don't know about your MLS rules, but ours have very strict rules about the co-broker offer. A listing agent can not refuse the co-broker fee to the agent who brings the buyer, even if they haven't shown the house. In fact, we have outlying areas that tried to lower the fee if the buyers agent hadn't shown the property themselves and our MLS made a very clear rule that the co-broker fee was offered unconditionally, meaning that those listing agents had no right to change the fee no matter what. As others have said, just because the buyer came to an open house doesn't make them the listing agent's buyer and they can't make a claim on them. I'd check your local MLS rules and regulations to see if they are even allowed to do that. -Kasey
5,005,659
I'm with Lyn Sims ..speak to your broker and have them contact the listing agents broker. I always welcome the buyers rep!!
2,781,283
Your way is one approach...there are others. Explore to your satisfaction
5,772,575
352,976
Maybe I need more coffee but I'm not understanding the question you asked. As a listing agent if the buyer came to your open house or called you to,show the house you certainly would find out if they have an agent or intend to if they wish to submit an offer. Then you decide if you want to arrange showing with them or have them bring their agent.
'I only work with buyers who I have pre approved and have a buyer broker agreement to avoid this issue. If they come to an open house or broker pre-view I do ask those questions and often they have jumped the gun and came without their agent. I respect that even though sometimes agents have buyers do the work and they do nothing.
711,852
This is happening all the time in our market. But we honor buyer agent representation. Buyers may come to open houses alone. We ask if they have representation and if they say yes, that is great. If they say no, we can go forward in representing them as agents hosting the open house - write up on that home or any other we may find for them.
921,504
You should mention the name of the franchise that advocates such action. Let's find out if it a rogue agent or a directive on the while towers of the corp. office.
4,883,260
I am confused (which is nothing new for me) did they go to a new home builder?
1,513,143
Here it would not be uncommon for the listing agent to act as a dual agent; although those with many listings generally send them to their buyer's agent's and still keep a piece of the buyer's agent's commission.