I haven't yet decided if society has changed and no longer considers contracts binding or if real estate contracts are just considered by the public to be insignificant, but either way, the public doesn't seem to understand whose client they are!
The Minnesota "Contract for Exclusive Right to Represent Buyer" has this clause in it (bold is in the contract): "BUYER'S OBLIGATION: Buyer shall
- work exclusively with Broker for the Purchase of property."
It also reads: "CAUTION: BUYER'S ACTIONS IN LOCATING A PROPERTY MAY AFFECT PAYMENT OF COMPENSATION BY SELLER(S) AND MAY THEREFORE OBLIGATE BUYER TO PAY ALL OR PART OF THE COMPENSATION IN CASH AT CLOSING. FOR EXAMPLE: THE ACT OF GOING THROUGH AN OPEN HOUSE UNACCOMPANIED BY YOUR BROKER OR BROKER'S SALESPERSON OR SIGNING A PURCHASE AGREEMENT THROUGH ANOTHER BROKER OR WITH OWNER (FOR SALE BY OWNER) MAY REQUIRE YOUR PAYMENT OF THE FULL COMPENSATION TO YOUR BROKER."
If this is how the contract reads and buyers understand it, why am I getting calls on my listing with the explanation that the caller's agent is out of town and they "must see my listing this very minute"? Or the excuse will be, "I don't want to bother my agent because s/he's so busy." It's not okay to bother your own agent who's going to get paid for being bothered, but it is okay to bother some strange agent who is NOT going to get paid for being bothered? There's just a tad bit wrong with that picture!
When the call comes in, do I show the house. Of course! There's not one showing opportunity that I want my seller clients to miss out on, so if I'm available, I will show the house. Does that make it right? Not really.
In addition to the buyer breaching their contract with their agent, it also puts the agent who is being called in a bit of a bind. The potential exists that the buyer's agent might think the other agent is trying to steal their client. That is a huge offense and is a breach of the REALTOR Code of Ethics. As a result the agent being called may try to avoid talking with a potential buyer who is under contract with another agent.
Does this mean I don't want my clients to bother me? Not on your life. If my clients are NOT bothering me, I'm not able to give them the kind of representation that I am committed to. So, if you have a question, call your own agent. If you're my client, call ME! Being bothered by MY clients is what I get paid for!
Credit to Karl vonLoewe for this "bothersome" topic.
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