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REAL ETHICS by Steve Stazel | October 2008 | Index of all Real Ethics columns
Clients’ best interest could include REALTOR® cooperation
Article 3 of the Code of Ethics states that: “REALTORS® shall cooperate with other brokers except when cooperation is not in the client’s best interest.”
So, could Broker A refuse Selling Broker B’s attempt to show Broker A’s listing?
The answer depends on the situation.
If the seller requests (and it probably should be in the listing agreement) that a particular person or entity not be allowed in the property, then the listing broker should follow the seller’s request. There may be an acrimonious divorce, personal threats, etc. The owner may want only the listing broker to show the house for a variety of reasons. The important point here is that the broker does not make these decisions…only the owner does.
There may be a broker out there that the listing broker does not like. That in and of itself is not sufficient reason to deny a showing. It is the listing broker’s responsibility to get the home sold. In the overwhelming majority of situations, it is in the owner’s best interest for the listing broker to allow all brokers access to show the property.
What do you do if the owner says “I want you to be in the house for all showings”? What you do is...BE THERE FOR ALL SHOWINGS. If that’s not your plan, then you should not take the listing.
What do you do if the owner says, “I want only you to show the property”?
This situation is laden with problems for the listing broker. Does this mean you put up a sign to attract buyers but do not put the property in the MLS? If you do this, can you see what other brokers may justifiably think of you? “He/She has a pocket listing” and /or “He/She is not working in the owner’s best interest.” How important is your reputation? I suggest that if this situation ever arises, you explain to the seller why allowing all brokers to show the property is in his or her best interest. Doing so could be in your best interest also.
Each month, the Aurora Outlook features RealEthics, a column by Steve Stazel devoted to explaining Code of Ethics issues for members. The comments stated in this article are those of the author and do not necessarily represent the views of the National Association of REALTORS®, the Colorado Association of REALTORS® or the Aurora Association of REALTORS®. Ultimately, a hearing panel of the Professional Standards Committee determines whether a violation of the Code of Ethics has occurred on a case-by-case basis. These comments should not serve as the foundation of any ethics complaint, arbitration request or response.
If you have an ethical concern or an issue you would like
to see addressed, please call Stazel at (303) 773-3333 or e-mail him at
stazels@msn.com. The comments of this article reflect the understanding and
opinions of the author and do not represent an official expression of policy by the National Association
of REALTORSŪ.
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