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REAL ETHICS by Steve Stazel | Oct
2005 | Index of all Real Ethics columns
What to do when another broker’s seller calls you
Here is the situation: You get a call from a seller who is frustrated and wants to leave his or her current broker. What do you do?
Well, since the seller called you (and you didn’t directly or indirectly solicit the call), you can talk with the seller (see paragraph 3 below). The first thing I would suggest you do is to ask the seller if he or she has discussed the problem with the current broker. If the 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 to the seller that he or she should contact an attorney.
There is something you can discuss ethically with a disgruntled seller. It is covered in Standard of Practice 16-6 of the Code of Ethics, which states that there are two AND ONLY TWO things you can discuss with disgruntled sellers, if THEY have initiated the contact.
· First you can discuss the terms upon which you might enter into a future agreement.
· Second, you can enter into a listing agreement with them 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…it would be a violation of Colorado Real Estate Commission Rule E-13. If you are ever called by another broker’ seller, you might want to keep in mind the Golden Rule.
Each month, the Aurora Association of REALTORSŪ Web site features Real Ethics,
a column by Steve Stazel devoted to explaining Code of
Ethics issues for members. A REALTORŪ since 1974, Stazel is a Professional Standards
instructor and senior Ethics
instructor for the Colorado Association of REALTORSŪ.
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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