May
2004 | Index of all Real Ethics columns
Can a selling broker contact the seller directly?
Can a selling broker contact the seller directly? Usually the answer is NO!
Standard of Practice 16-13 states, "All dealings concerning property exclusively listed,
or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the
client's agent or broker, and not with the client, except with the consent of the client's
agent or broker or except where such dealings are initiated by the client."
However, what happens if you have a contract to present and you can't find the listing salesperson?
Then you should contact the broker of the listing salesperson's office.
What if the listing salesperson's broker isn't to be found? What if the listing broker is the entire
company? What should you do? Here we are on unstable ground. You have a contract the buyer wants
presented…there is no listing brokerage representative to be found…the listing broker hasn't given
you permission to contact the owner…the seller has not initiated contact with you…the acceptance
deadline is getting closer and closer. So what's a selling broker to do?
In a situation like this, it may be permissible to give the offer to the seller. Please note the word
"give" was used, not the word "present." You as the selling broker do not represent the seller.
The contract should be "presented" by the seller's broker. By delivering the contract to the seller
you are saying, "I can't find your broker, YOU find him or her.
By conducting yourself this way I would not think you are trying to "interfere" with an existing
relationship. You are just trying to put the transaction together.
Each month, the Aurora Association of REALTORS® Web site features Real Ethics,
a column by Steve Stazel devoted to explaining Code of
Ethics issues for members. A REALTOR® since 1974, Stazel is a Professional Standards
instructor and senior Ethics
instructor for the Colorado Association of REALTORS®.
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 REALTORS®.
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