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REAL ETHICS by Steve Stazel | November 2008 | Index of all Real Ethics columns
What to do when another broker’s seller calls
Here is the situation: You get a call from a seller who is frustrated and wants to leave his current broker. What do you do?
Since the seller called you (and you didn’t directly or indirectly solicit the call) you can talk with the seller. The first thing I would suggest you do is to ask whether they have discussed the problem with their current broker. If their broker isn’t aware of the seller’s displeasure, how can the broker correct the problem? (Wouldn’t you appreciate it if a competitor said this to one of your unhappy sellers?)
If that doesn’t satisfy the seller, it is my opinion that you cannot assist the seller in getting out of the contract. That would be giving legal advice. At this time you should suggest they contact an attorney.
There is something you can discuss ethically with a disgruntled seller. It is addressed in Standard of Practice
16-6 which states that there are two and only two things you can discuss with another broker’s disgruntled seller, if they have initiated the contact. First, you can discuss the terms upon which you might enter into a future agreement. And second, you can enter into a listing agreement with the seller which becomes effective upon the expiration of the current listing agreement.
You cannot discuss with the seller what you think the listing broker is doing wrong. That would be considered an intrusion into an agency agreement. Not only would it be unethical, but it would be a violation of Colorado Real Estate Commission Rule E-13.
And one more thing…if you are ever called by another broker’s seller you might want to keep in mind the Golden Rule.
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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