Your client (Seller) wants direct contact w/buyers agent?

Your client (Seller) wants direct contact w/buyers agent?

CA · Member since 2014 · 152 posts · 65 votes

Imagine you're an agent who is constantly in the field and for whatever reason has limited or no access to email to expeditiously forward communications and documents back and forth during periods of time-sensitive negotiations, offers, counters, etc.  In most cases you take care of email during the mornings & evenings which causes delays to the process during the rest of the day.

Your client wants no more of that process & wants to eliminate communication issues and other delays. Your client is requesting to be CC'd on all communications (Client wants his email address in confidential notes to be CC'd for fast response to any offers/counters) . Primarily client wants to quickly negotiate with potential buyers to negotiate informally of what potentially would be accepted as a formal offer or counter. 

You're going to lose the listing and considerable future business from this client if you don't agree to this. What do you do and why?

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
9y

you may want to look for a limited representation broker.. there are many that do that... save you a bunch of money as well..

although I have found over the years letting buyers and sellers talk is not usually a good thing as emotion comes to play too much and the deals do not come together..

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    Sounds like you have another full time job where you can't properly attend to your re communications, there would be no other excuse for this.  If so, you probably need to let the client do what they need to do.  It seems like the client is capable of doing what needs to be done, and you're lucky he is willing to do this as opposed to replacing you.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    @Jay G.

    I would not be in that situation with the technology available today. I keep a tablet with me at all times and can login to my laptop and hot spot my phone so I have WiFi. There may be days where I have many other things going on, but it is not the norm that I can't break away for 10 minutes to make a phone call/write up a quick counter and e-sign away.

    However if I was unable to fill my clients needs I would send them to someone who can. Pull a referral fee from another agent who has the availability to spend the time required on this client. Having them do their own negotiating is still all going to fall on you. Anything not mentioned or agreed to by them is going to come back and bite you. Forms missed you think are not required are all of a sudden your fault for not having taken care of. When it finally all does start to fall apart you are going to end up being the one that gets the bad reputation and known as someone who "misses things" and "can't get the client to the closing table". Also you have a duty to represent your client above your own interests. How are you doing your number one task without even being involved?

    Best of luck and I hope you find a client that fits more into your business model!

  • Real Estate Agent · Galena, OH · Member since 2016 · 3 posts · 2 votes
    9y

    It sounds to me like you are over committed. Either because of another full-time job, like Wayne mentioned, or you took on too many clients (compared to your available time, energy level, family commitments etc).

    Do you not have the fiduciary duty of obedience to obey lawful instructions from your client? Unless there is something illegal about them requesting this, you would have to comply so long as doing so does not breach another fiduciary duty to another client (confidentiality, for example).

  • Brett SynickyPro Member
    Solo 401k and SDIRA Consultant · Orange, CA · Member since 2013 · 873 posts · 497 votes
    9y

    It is a little strange but obviously the seller has lost faith for one reason or another.  I would probably fix it immediately or give the seller what they want.  That said, I myself don't check email constantly, otherwise that's all I would get done plus I'd have add.  I recommend setting up an auto responder that says you check email between 4-6pm everyday, if you need me outside of those hours you need to call me at xxx-xxx-xxxx.  

  • CA · Member since 2014 · 152 posts · 65 votes
    9y

    I am the client in this scenario. 

    The agent is full time, in fact there are two agents involved. To be fair, I'm new to this process so I wasn't aware of what my personal requirements were. Now I know, and I'm sure the agent is starting to understand this as well.  If I were an agent, I'd likely be using a mobile hotspot like @Mike Cumbie suggests -- especially during the time-sensitive negotiation period with a specific buyer.  

    Keep in mind that every moment a pre-approved SFH buyer is not in contract, they're likely scanning the MLS to see if anything new has popped up. I've painfully learned there are times during negotiations when those 6-8 hours in the middle of the day can matter quite a bit.

  • Real Estate Agent · Tulsa, OK · Member since 2016 · 408 posts · 242 votes
    9y

    @Jay G.

    There are a ton of different variables in this situation but I guess the biggest one is why are you with the original realtor? 

  • Investor · San Diego, CA · Member since 2014 · 592 posts · 765 votes
    9y

    Fire the agent.  Real estate agents have a vast spectrum of competency, meaning you're more likely than you'd think to get an incompetent representative.  If they are not meeting your needs, it's not like it will be difficult for you to find another one.

  • CA · Member since 2014 · 152 posts · 65 votes
    9y

    @Deren Huang - someone I knew, convenience.   @Frank Jiang agree -- something like 1 real estate agent for every 200 people in the US?  Anyway, providing I can be made directly available to buyers agents going forward, I will be fine to continue with the listing where it is until it's settled. 

  • Real Estate Agent · Tulsa, OK · Member since 2016 · 408 posts · 242 votes
    9y

    @Jay G.

    Totally understand. I think some clear communication would def help in this situation. Most investors don't like to show their hand, and while we all like to point fingers,  I am sure there are some things that you are doing that the realtor doesn't like either. I would suggest having a clear goal and communicating back and forth. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    you may want to look for a limited representation broker.. there are many that do that... save you a bunch of money as well..

    although I have found over the years letting buyers and sellers talk is not usually a good thing as emotion comes to play too much and the deals do not come together..

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    There is no need for a hot spot.  Data plans on phones provide instant, real time email.  Cell service on an IPad is $30/month.

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y

    The agent needs to be more engaged.  

    However, it's always a mistake to have the seller/buyer directly discussing ANYTHING - - that's the job of the agents, so let them earn their commissions and just let it happen.

    If you don't, then you fall victim to yourself - - he said, she said and nothing but chaos reigns.  If you don't like this, then make offers only to FSBOs and learn the hard way.

    (psst: I am not an agent either, but pay for professional services)

  • CA · Member since 2014 · 152 posts · 65 votes
    9y

    @Jeff B. -- I think signed formal offers/counters can easily clean the slate of any perceived "verbal" he-said-she-said. Especially if they specifically have verbiage towards verbal cleansing of statements heretofor :P

  • CA · Member since 2014 · 152 posts · 65 votes
    9y
    Originally posted by @Wayne Brooks:

    There is no need for a hot spot.  Data plans on phones provide instant, real time email.  Cell service on an IPad is $30/month.

    If I were an agent, I'd have 2 mobile hotspots from different carriers - just to make sure I was covered and able to flip documents around. Flipping documents quickly == getting paid quickly.

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y
    Originally posted by @Jay G.:

    @Jeff B. -- I think signed formal offers/counters can easily clean the slate of any perceived "verbal" he-said-she-said. Especially if they specifically have verbiage towards verbal cleansing of statements heretofor :P

     If that were true, then there's no need for direct contact.  The fun begins resolving the inspections and corrections.

  • CA · Member since 2014 · 152 posts · 65 votes
    9y
    Originally posted by @Deren Huang:

    @Jay G.

     I am sure there are some things that you are doing that the realtor doesn't like either. 

    I'm sure I am a giant pain in the *** with my service level expectations. I'm a numbers guy though... this is a hot property with multiple offers above ask within the first few days of listing. I work this out to several hundreds of dollars per hour, each, for the agents. Not sorry in the slightest for expecting them to earn it. I pay my attorney less.

  • CA · Member since 2014 · 152 posts · 65 votes
    9y
    Originally posted by @Jeff B.:
    Originally posted by @Jay G.:

    @Jeff B. -- I think signed formal offers/counters can easily clean the slate of any perceived "verbal" he-said-she-said. Especially if they specifically have verbiage towards verbal cleansing of statements heretofor :P

     If that were true, then there's no need for direct contact.  The fun begins resolving the inspections and corrections.

     Easy enough... must do's for lender happiness I pay. Should do's, nice to have's... I'm happy to direct the buyer to the nearest Home Depot so they can experience the joys of homeownership :)

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    @Wayne Brooks,

    I don't have a separate Hot spot. My phone turns into a hot spot by turning that setting on. It allows my laptop to connect if I need to do some document editing/contract creating (Doing 22 pages worth of contract on a phone is a PITA). My tablet is $10 a month and the way I work it is worth it. Others may not have the benefit out of it I get, but i use it daily. 

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    9y

    There is a pretty good chance that a seller communicating with a buyers agent of their own accord is going to say something which is illegal and get them into a bad spot without knowing it, likely with a fair housing violation. My sellers dont even know the names of a buyer til they are putting their signatures on the contract. The simplest of comments or questions like "So where is the buyer from?" could lead to problems. 

    Maybe the seller needs an agent who will communicate with them better, but under no circumstance would I allow my client to talk, email, txt or anything with a buyer or their agent.

  • CA · Member since 2014 · 152 posts · 65 votes
    9y

    I think @Russell Brazil makes a fair point with regards to potential discrimination related issues. I'm fairly well trained on those things, so not an issue for me personally. 

     I was able to speak with a couple of the agents. One seemed rejoice at the opportunity to negotiate with a novice (heh heh).  The attempts to hustle me with bad data were entertaining, but we were able to get the deal done in spite of that. 

    From the seller/client point of view, I'm going to concur with some of the Professional here - against my own position - and agree that for most clients speaking directly with a buyer or buyer's agent could be a bad idea and should probably be avoided. 

     And honestly, I have and had no desire to in the first place, I just absolutely hate wondering sitting where things in the workflow are and who is waiting on who. 

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    9y

    I am a broker constantly in the field, however there is absolutely no reason I would ever have limited access to email. Any person or agent who gives you that kind of excuse is living in the dark ages and should be fired immediately. 

    It is true that I will take care of emails in the mornings or evenings, if those emails can wait. When it comes to negotiating offers, that takes precedence. 

  • CA · Member since 2014 · 152 posts · 65 votes
    9y

    @Sarah Ziehr That's the way I feel. Task priority should always go to tending to offers/counters, etc. as soon as humanly possible. Although I can see how an agent might make short-sighted mistake to prioritize potential new clients or listings. "A bird in the hand is worth two in the bush" as they say.

    I think ideally it might make sense to have an assistant to call people to let them know of receipt, status and to turn paper around if that's all that needs to happen to maintain professional courtesy. Better of course to keep the actual work moving along. 

    Negotiations (and buyers) can be very skittish...  if you like the offer or its close enough to quickly counter, why negatively set the pace of a single formal response per day or give extra time for the buyer to keep refreshing the MLS waiting for one better.

    It really doesn't matter if it's a sellers or buyers market.  It's always the buyers market at the end of the day - builders can and do make more houses to balance out increases in demand. 

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    9y

    @Jay G. Absolutely! I can think of so many scenarios where a buyer would walk if they were not engaged in conversation. Buyers are flakey. Got to keep their attention! 

    That is just unacceptable. Just today I have been negotiating a deal and intermittently as I spoke with the buyers agent, I was giving my seller updates whether it be by forwarding an email chain or text message chain or letting them know what was the latest phone conversation I had. 

  • CA · Member since 2014 · 152 posts · 65 votes
    9y

    Yes... a simple text immediately after a discussion with a buyers agent about my home (AKA your listing...for now) would go a long want towards meeting that goal of "5 Star Communicator".

    Turns out that bad communication is apparently #1 problem people have with their agents.  The 1-2 punch of 1) discussion w/buyers agent 2) update client thing should come as naturally to you as shutting your front door after opening it - and for the same reason - to protect your hard earned assets.  

    How much do you spend to get a new client? Why let any existing clients slip away for reasons within your own control.

  • Realtor · Smyrna, TN 37167 · Member since 2013 · 248 posts · 147 votes
    9y

    @Jay G., you're absolutely right.  Timely and clear communication is vital.  Anything short of that is not good service, will frustrate clients, and be bad for everyone involved.

    An agent that refuses to communicate with you during the day is probably over-committed, or possibly just lacks the technology (shocking!) to fulfill your requests.  I didn't see that you commented on this, and really it doesn't matter what the reason is.  If the agent is unable or unwilling to communicate with you during reasonable hours in the midst of a negotiation, find one who will.

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