Friday, March 21, 2008

What You Need to Know: Article 16

By Jack Wilkinson
2002 President of the Marin Association of REALTORS®

Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.

It is an excepted law of ethics that punishment in the Court of Conscience, unlike Courts of Law, lessens with each repeated and unrebuked offense.
Joseph S. Auerbach


Article 16

“Respect the exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with their clients.”


Oh, how tempting it is to want that listing that hasn’t sold. It is a bit overpriced. The yard could use some clean up. And, of course, the interior should be “de-cluttered” and, if not totally staged, at least rearranged.

Lisa answered her cell phone with her usual chirpy greeting, “Hi, this is Lisa, how can I help you?”

“Hello Lisa, this is Mrs. Jones. You showed my home the other day and I wanted to talk to you. Did your buyer like it? Are they going to write an offer?”

Lisa had to think for a moment. Oh yes, I remember, she said to herself, “Messy yard. OK, it needed a bit of trimming and clean up, but it was salvageable. Too much clutter in the rooms, made them look small and uninviting. The kitchen was clean but again, too much stuff on the counters. I mean, it looked like people actually lived there.”

“Yes, Mrs. Jones, I remember now. I was just previewing the property and didn’t have a buyer with me.”

Mrs. Jones responded with a disappointed, “Oh, too bad. I was so hoping you had a buyer. Do you think you might have one, a buyer that is, in the future? We have been having no luck at all. It’s been on the market for three weeks and not one offer, or any interest for that matter. We are getting so discouraged.”

So, reader, what do you think could happen next, should happen next? What would you
do?

Lisa knew this listing was an exclusive with Charley B. In fact, she knew that Charley had sold Mr. and Mrs. Jones this house about 5 years ago. She had a buyer for it then and there was a bidding war that Lisa lost. Her buyers were disappointed, but Lisa found them another house that they liked even more. So, it all worked out in the end.

Here was Mrs. Jones, expressing obvious frustration at not getting her home sold. And Lisa knew, just knew, she could do a much better job of marketing the property than Charley could ever do. Most certainly, a lot better than he had done so far.

Was Mrs. Jones asking her for her opinion on what to do? What did Mrs. Jones really want?

Lisa simply answered with a few suggestions about the yard and general clean up of the clutter. She then went on to tell Mrs. Jones that she would be happy to talk to Charley because she felt rather uncomfortable having this conversation, since Charley was her exclusive agent.

At this point Mrs. Jones said, “I really want another opinion. Charley has been very good to us and for us, but sometimes I just know he is afraid of hurting our feelings. What do you think, Lisa?”

At that point, Lisa’s belief in good karma, good sense, and most of all her commitment to positive ethics, based on the REALTOR® Code of Ethics, came to her rescue.

She simply gave Mrs. Jones her thoughts on what she felt might improve the chances of a sale. Lisa closed the conversation with, “I know Charley and he always does a very good job, putting his clients first. I agree, he probably didn’t want to hurt your feelings. Why not try those little changes and discuss it with Charley. I do wish you the very best, Mrs. Jones. Goodbye, now.”

And with that she hung up the phone and went about her day.

Better to shun the bait than struggle in the snare. John Dryden