Agent let potential buyers see house with no agent present (agreement, listing)
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I would report this for several reasons, including what the other posters mentioned. But also bc you may have more options for your listing agreement if you make it known to the local association that there is an ethics violation. Some contracts state if you relist the home and it sells within 90 days, that original agent is due all or part of the commission. Some agents local to me do not market to recent expireds for this reason. You might actually be able to fire her now, though, if you report a violation, you can ask them what the ramifications are for your listing agreement (they may refer you to a lawyer, though). I personally would consider letting her go now, read your contract. I wouldn’t want to do business with her once that trust is broken and if I felt she did something so grievous as to need to make an ethics complaint. By the way, at least where I live, ethics penalties with the local association are often more severe than legal penalties where the actual law was broken. Allowing someone to enter without an agent present may not be illegal but it certainly is completely unethical and hopefully not commonplace. I feel for you, you shouldn’t have to deal with this and I would send her a bill for your time in cleaning the floors or having to repair them. For now I would ask her if she can put a Supra box on it instead of a combo box. That way at least you have some assurance that nobody can get in without a Realtor.
I would fire her, and get her lockbox off my house. Anyone else she gave the code to, still could get in.
When you get a new agent, I would want a Supra box on it, if your MLS's use them.
Not only does it require the agent-only app, it logs and sends a notification every single time the box is opened, so it's trackable.
They also stop working after 9:00 PM by default... They can be configured with specific hours they will work. Less important for this circumstance perhaps, because it's vacant, but good peace of mind when people are still living in the house.
IF the agent/broker is a REALTOR, the Code of Ethics does cover the subject under Article 3. Specifically, Standard of Practice 3-9 states that:
“Realtors® shall not provide access to listed property on terms
other than those established by the owner or the listing broker.
(Adopted 1/10)”
Those terms should be mentioned in your listing contract but it seems clear that this was not a term to which you’ve agreed. Filing an ethics complaint with your local board will bring the matter to the attention of a review committee who will determine if there’s enough reason to pass it on to a professional standards hearing. This won’t result in any compensation to you but it might result in a fine or other disciplinary action for the agent. It’s your call but I think you can see that we who take this stuff seriously wish that members of the public (and other agents) would bring these potential ethics violations to the attention of the board.
It’s your call but I think you can see that we who take this stuff seriously wish that members of the public (and other agents) would bring these potential ethics violations to the attention of the board.
Indeed, our business depends on our ability to assure sellers that their home security will be taken very seriously while the home is listed.
This wasn't an accidental breach of the rules, like not being punctual or misunderstanding a showing instruction. She KNOWS what she did is wrong.
One place I lived there was an Ethics Committee as part of the Board of Realtors. They investigated complaints, interviewed both sides, reached a decision and fined when necessary.
Personally, I wouldn't want that realtor touching my home. Who knows what other realtor code or just regular codes of of normal human behavior she will violate in the future. Arranging for someone to have access to get in your home unsupervised??
Hey, if it hasn't been mentioned already do have that access code changed.
Thank you all for your professional comments. I was so shocked! She is in Michigan and I am in CA. She is on vacation but will be back in 4-5 days. I don't want to fire her (yet) but need to calm down and look at all my options. Did insist on the lock box being changed out and that is happening. Again, I can't thank you all enough!
She did text that in 16 years of the business she never had such disrespectful buyers which makes me think this was not her first rodeo. Crazy because she does have a good reputation around town. She did say she was "so sorry" but I kept thinking if one of those kids had broken an arm or leg and I would have been sued. Sorry is not enough.
Thank you all for your professional comments. I was so shocked! She is in Michigan and I am in CA. She is on vacation but will be back in 4-5 days. I don't want to fire her (yet) but need to calm down and look at all my options. Did insist on the lock box being changed out and that is happening. Again, I can't thank you all enough!
She did text that in 16 years of the business she never had such disrespectful buyers which makes me think this was not her first rodeo. Crazy because she does have a good reputation around town. She did say she was "so sorry" but I kept thinking if one of those kids had broken an arm or leg and I would have been sued. Sorry is not enough.
Oh wow. I feel like her response makes it much worse. She’s blaming them entirely but without her initial behavior, none of that would have happened! And I agree it sounds like she’s done it before and is used to doing it. I almost wonder if she allowed them in just because and they are not real buyers. Who is in a house for an hour? And does this “buyer” not have their own agent? If they had a buyer’s agent, it never would have happened.
You have a great point about injury occurring, too.
I would hope there are listing photos that confirm that the floors were not damaged at that time, too.
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