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we are working with an agent from an exclusive buyer brokerage, specifically to avoid being unrepresented. i am certain he is not a subagent. the listing agent was apparently not aware of this. if she is in fact doing something illegal, our attorney would have said so. it's just a shame that there seems to be a question of ethics.
we are working with an agent from an exclusive buyer brokerage, specifically to avoid being unrepresented. i am certain he is not a subagent. the listing agent was apparently not aware of this. if she is in fact doing something illegal, our attorney would have said so. it's just a shame that there seems to be a question of ethics.
So what did your agent say when she found out the other agent was contacting you directly?
In Oregon it is illegal. We can't talk to a client being represented by another agent without the permission of the agent. There is clearly some agency confusion by the listing agent or the OP.
What you just said is in the NAR COE, I believe it's article 16, not a "law". If the agents were not REALTORS®, there is no law stopping them from contacting the other party. But from what the OP is saying, he's not a client, he's a customer, and if both agents represent the seller and neither represent him, the listing agent can contact him.
...But from what the OP is saying, he's not a client, he's a customer, and if both agents represent the seller and neither represent him, the listing agent can contact him.
I think the OP has clarified that their agent only represents them. Their agent is an exclusive buyer's agent. It was the listing agent that was confused and called them a customer. The listing agent does not seem all that up to speed if she thinks an FHA loan is risky.
I think the OP has clarified that their agent only represents them. Their agent is an exclusive buyer's agent. It was the listing agent that was confused and called them a customer. The listing agent does not seem all that up to speed if she thinks an FHA loan is risky.
When I responded, there was no page 3, so that confuses me since the time-stamps are far enough apart that page 3 should have been on my screen... hence, I did not see his clarifying response... but it is still odd for the listing agent to have said that they both represent the seller.
What you just said is in the NAR COE, I believe it's article 16, not a "law". If the agents were not REALTORS®, there is no law stopping them from contacting the other party. But from what the OP is saying, he's not a client, he's a customer, and if both agents represent the seller and neither represent him, the listing agent can contact him.
Let me clarify...the ORS (Oregon Revisted Statues) outline undisclosed limited agency. So one of the working rules of the Oregon real estate agency is that we can't have contact with someones client unless the contact is initiated by the other client (how people can start to interview for a new agent if they aren't happy with their old one, open house contact and such) or the agent expresses gives permission such as setting up a showing appointment. This is to avoid, say having the listing agent start to advise the buyer about what to do, thus creating an undisclosed limited agency situation.
My MLS is a non-REALTOR MLS so the NAR COE doesn't apply to us unless agents choose to join.
The OP is a client, just not a client of the listing agent as they assumed. I'm totally unclear how the listing agent thought the buyer agent was in fact a sub-agent. Clearly the buyer agent was not clear enough with the listing agent of their role.
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