Agent let potential buyers see house with no agent present (buyers agent, Realtors)
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Asking the real estate professionals what do you think???
We have a home on the market and the agent is out of state on vacation. She implied to me that one of her associates was showing potential buyers the home. She told me of a showing last night but it was implied an agent would be with the buyers.
When we went to the home this morning we found out a family of four, two little kids around ages 4 & 6 looked at the home with no agent present. Neighbors told us they heard the kids running and sliding through the house for over an hour while the parents looked at it. We have real wood floors in the home that I paid over $8,000 for. They are beautiful! Now they are covered with scuff marks and scratches from the kids playing in the home with tennis shows on. Lots of slide scratching marks. It will take me two hours to clean the the floors and polish them. I don't think the damage is permanent. I did not have my mops with me this morning so I have not fixed the floors. The scratches could be permanent.
I called my agent and asked who was the agent representing the buyers? I thought maybe I misunderstood and it was a buyers agent from a different agency that had provided the lock box code. She said "They are my clients" so it was MY agent that provided the lock box code to this family. Had they not not trashed my floors I would have never known about it but since the floors were trashed I was livid.
Is this normal? Ethical? I seems to me that thieves could pretend to be buyers and go in and steal the high end appliances etc. I told my agent firmly I want no showings without an agent present. She said "understood".
First, I am very sorry that it happened. Sadly, this isn't the first time it HAS happened in our industry.
So, your plan of action begins!
1. Make sure that you've put in writing that the floors are damaged, and that there were unoccupied buyers in the home.
2. In writing, that she told you they were HER own customers.
3. You will expect her to pay for the damages.
4. Go ahead and copy this communication to her Broker-in-Charge (if you don't know, you can ask her directly; you can also Google and find the person if you know what her office location is).
5. Sadly, if somehow either she IS the Broker-in-Charge or a solo outfit, then you will need to be prepared to elevate this to the State licensing board.
HOPEFULLY, the floors can be easily repaired, you can sell the house, and move on with that part. That is your main goal. But on behalf of the consumers in your area, the other Realtors in your area, and frankly the market everywhere, I hope that you will eventually take this to the State board - AFTER you sell. If she didn't act absolutely chagrined, embarrassed and mortified that the people she trusted to help her in breaking rules caused damage, that tells me this ain't her first rodeo.
I think the most obvious grievance I can be sure happened here is a breach of the showing instructions as agreed between you and your agent. Those MUST be followed, and breaking them is grounds for fines and suspensions.
On the actual opening of the door, local rules may differ from where I am on exactly which rules were broken, so you need local answers.
By way of background to explain, when you say lockbox code, I'm assuming it's a combination lock of some kind?
In our area, it would be a huge violation of our MLS Rules to give out any lockbox code to a client. We commonly used Supra boxes though, which are only opened through an agent-only app and therefore much more secure. I have little experience with combination lockboxes. Combo locks are also often called contractor lockboxes, anyone can buy and use them, and they are not necessarily subject to MLS rules, unless there are MLS rules that cover them in your area.
I hate to sound wishy washy on this, but it may matter. If there's one thing I've learned on this forum it's that rules and customs vary widely in different parts of the country.
Still... she broke the trust she should have had with you and your showing instructions... And I'd think that's a pretty serious breach of rules anywhere. You could and probably should report her.
Thank you both for your replies. She is the broker in a single person independent agency. It is a lock box with a combo code.
I will take photos of the floors and try to fix them. She did seem embarrassed by the incident and mumbled "I didn't think they were bringing their kids." I think she cared more about getting "caught" which makes me wonder how many times she has done this? She has sold many homes in our area which is why we choose her. She is out of town for a month which I only found out the day she was leaving. Needless to say none of this sits well with me.
I read the listing agreement and it is not spelled out "the agent won't give out the lock box code to potential buyers" so not sure if it is a violation or not. To me it was unethical and lacked responsibility. The house has been on the market 4.5 months and six weeks to go until the listing expires. If not in escrow I won't renew and then talk to local realtors what should be done. It was in escrow once but the buyer got cold feet and cancelled during the first 17 days.
I was so shocked as I never heard of this, an agent providing the lock box number to potential buyers! I clearly spelled out today no showing without an agent present and she agreed. My neighbors will be watching. We no longer live there, moved 25 miles away.
HOPEFULLY, the floors can be easily repaired, you can sell the house, and move on with that part. That is your main goal. But on behalf of the consumers in your area, the other Realtors in your area, and frankly the market everywhere, I hope that you will eventually take this to the State board - AFTER you sell. If she didn't act absolutely chagrined, embarrassed and mortified that the people she trusted to help her in breaking rules caused damage, that tells me this ain't her first rodeo.
Yes I agree and will do this like you said after the house sells. I don't want this to happen to other sellers. Thank you!
Need to process this and work on the floors tomorrow to determine the level of damage. So sad and disgusted this happened.
You should insist that the agent see the floors before you do anything to them.
I would not want to spend my time fixing them. She should arrange for someone to do it, and I would seriously consider telling her to use the company that installed them, assuming it is still in business, since it sounds like it did a good job.
You should insist that the agent see the floors before you do anything to them.
I would not want to spend my time fixing them. She should arrange for someone to do it, and I would seriously consider telling her to use the company that installed them, assuming it is still in business, since it sounds like it did a good job.
No.
The agent is a stone-cold drooling moron.
Keep her completely out of the repair loop, and just get a check from her to cover repairs.
5.1.2 Without Seller Consent, Participant or Subscriber Not Present
When Providing Access (Sec 9.10)
$200 – 1st violation
$400 – 2nd violation
$800 – 3rd violation
5.1.3 Violations of Lockbox and Key regulations (Sec. 13)
$200 – 1st violation
$400 – 2nd violation
$800 – 3rd violation
Need to process this and work on the floors tomorrow to determine the level of damage. So sad and disgusted this happened.
Wow.... They got off easy down there... I think our fines are alot higher... I didn't find fines listed like that anywhere on a quick search, I think they're determined on a case-by-case basis... but here's some examples from a recent list of disciplinary actions from our MLS. They vary because the situations probably vary, but your instance of a listing agent deliberately allowing unaccompanied clients to open a lockbox would have to rate pretty high on our violations scale
Summary of Complaint: The broker failed to follow the showing instructions in the listing and loaned his Electronic Key to another person. Penalty: Fined $2,500.
Summary of Complaint: The broker failed to follow the showing instructions in the listing. Penalty: Fined $1,000.
Summary of Complaint: The broker failed to follow the showing instructions in the listing. Penalty: Fined $500.
Summary of Complaint: The broker failed to follow the showing instructions in the listing and failed to leave a business card. Penalty: Fined $2,000 with $1,000 suspended on the condition that the member not be found guilty of any further Rule violation within 12 months. The designated broker and broker are required to attend the first available NWMLS Rules and Regulations class.
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