Can an RE Agent ask your neighbors as to the condition of your house?

Profile picture for tacojoes
We have an open offer on hour house.  We recently had some heater repairs done.  The Agent representing the potential buyers brutally interrogated my neighbor as to what was wrong and what was the condition of the heater.  Isn't this an ethics violation?
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October 16 2009 - Hugo
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Profile picture for sunnyview
I don't think that it falls neatly into the category of an ethics violation. If the agent was obnoxious, then you can complain to their broker, but don't expect much help there. Some would say that the agent was trying to protect her buyers interests, but I would say that there is a difference between casual questions and "brutal interrogation." I would let it go for now and complain to the broker after you close if you feel that is warranted. A nasty agent can really make closing a pain for sellers so it's best to keep the honey out for now.
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October 16 2009
Profile picture for nealadler
No I don't see that as an ethics violation.  I don't have  a problem with what the agent was doing.  He was looking out for the best interest of his client.  His methods may leave much to be desired.  However, if a material fact was concealed to the buyer and he knew that someone else was privy to the information he was trying to protect his buyer.  He probably should have done it in  more diplomatic manner.
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December 05 2009
The quick answer: Yes, they can talk to your neighbor or anyone they want to, in order to do all they can for their clients. Of course there is nothing that makes said neighbor have to reply and the bottom line is unless, the
neighbor owns/ed that property (ie is the landlord), how would they know more about it than the actual owners. The fact that they may have been pushy, well, that's just a matter of opinion, unless again you actually
heard the words and the tones. I hope that helps. -Shawn
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December 05 2009
OK... I couldn't resist adding this to buyers' blunders at showings... my seller came home to her kids' toys strewn throughout the house, her outside dog left in the house and someone had used the toilet, smeared cr*p on the seat and didn't flush! Yuk!! Where was that Realtor?! Like every profession, there are the good and then there are the bad. Hope you were able to find another reasonable buyer/buyer's agent.
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December 04 2009
Profile picture for sunnyview
Thanks for the update. My goodness is sure doesn't sound like that agent did much good for their buyers. I think most agents are respectful of things like heat/air settings, but there are a few out there that you have to wonder about. I came back after leaving for a showing when our house was on the market to a front door that was left wide open, an unlocked house and an oven that was on. What was that agent thinking? You have to wonder. Were they planning to grill something smokey in the oven that they need to leave the house open for?

Hopefully, your next buyer will have a better agent. I have heard that MN is beautiful in the winter so make sure if you're still on the market then to tap into that Christmas spirit to help buyers picture themselves in your home. Sending you holiday wishes for no more icky agents and an all cash buyer :)
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November 17 2009
Profile picture for tacojoes
Hi All - I'm the person that entered the original question.  I appreciate all the response.  The end result was that the tampering got so bad I asked my Agent to be present whenever this particular Agent and her buyers went into the house. I probably should not have done that but who wants someone accidentally turning off your heater in a Minnesota winter.  They withdrew their offer as their agent became convinced that the heater did not work and that we didn't believe them.  The reason she asked my neighbor questions about the heater is because he went over to the house during one of her showings, as a favor to me, when she complained the heater wasn't working.  He found the controls had been tampered with and the door was open on the air exchange in the lower level utility room.  Evidence they were the cause of the malfunction.  I had updated my property disclosure to cover any concerns they had but apparently that wasn't enough.  Too bad, I think these folks really wanted the house but the agent is the doorway.  For what its worth, the heater is working just fine now that the thermostat is being left alone.
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November 17 2009
Profile picture for phessling
Realtors should use respect when speaking with others.  Further, unless the realtor is qualified to determine if there is an issue with the heater, then they should be referring their clients to a qualified HVAC professional.  What I really do not understand is why someone would think that a neighbor would know specfics about the mechanics of your house.  If the neighbor indicated that you recently had some repairs, then the agent should be looking to the property disclosures for information.  Good luck on the sale.
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November 16 2009
Profile picture for sunnyview
Yes I am interested in knowing that too. I am not an agent, but when I am considering buying a house I always talk to the nearby neighbors. I introduce myself, ask about kids in the area, barking dogs, worst neighbor on the block, noisy party houses nearby, past remodeling that they owners done etc...basically anything that might impact the livability of the house. I think I come across as friendly, but a bit on the nosy side. I always send the neighbor a thank you note though so maybe it doesn't count as interrogation.
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October 16 2009
Profile picture for wetdawgs
Agents are allowed to talk with neighbors in a neighborhood review.   Could you help us understand what a "brutal interrogation" means in this situation?

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October 16 2009
Profile picture for nwhome.us
"Brutally" sounds a little severe.  So, if the real estate agent is a member of the National Association of Realtors (a Realtor) the code of ethics is defined.  If the agent isn't a member of NAR then you are relying on either statutory (written law) or a fiduciary definition of agency.  None of these will help in your frustration with the buyer's agent.
In this case I think that you will find that the buyers representative was simply doing what is called a "neighborhood review", though I also think that that the type of information that you are describing would be called hearsay, which is useless information.  How can you neighbor know the facts about your heater? Neighborhood reviews are usually conducted by the buyer, so it sounds as though they have an over-zealous agent.
If for some reason the issue raises itself in the negotiations, I'd just stick to the facts.  Do they have the facts correct or not? 

Hope this helps.
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October 16 2009
 

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Profile picture for nealadler
QuestionCan an RE Agent ask your neighbors as to the condition of your house?
  • Latest answer by nealadler
  • December 05 2009
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