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Owner's open house

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rockinblu

Glen Carbon, IL

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I have been informed that in Illinois, if you are represented by an agent, there is a legal technicality prohibiting an owner from holding his own open house. If you are signed on with an agency, only a licensed agent can hold an open house with your home. I think that even if this is a fact, I would be hard pressed to think that it would be enforced. Any input on this would be appreciated.
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August 01 2007 - US
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pinksandbaby

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sounds sketchy, ask your agent. And your agent should be willing to do an OH if you are requesting one. Technically s/he is YOUR employee! YOU will be pay them for a job well done.

If your agent is refusing (I mean one OH per month or something, not weekly!) than that requires a phone call to his/her manager! In my opinion.

GL!
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August 01 2007
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LINDA DEPPEN, "Linda Lu"

Marco Island, Fl

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I had my home on the market for 5 months with an agent and was never even "offered" an open house. Is that normal? Have since listed with someone else.

Ld
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August 01 2007
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Marci Reinheimer

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It could be a liablity thing to do it yourself. I would talk to your agent to find out about the laws of your state, but if you are holding it open yourself and you get robbed, maybe the agent would be liable. Who knows.

And to answer the question about open houses, I am upfront with my sellers regarding open houses. I don't do them. We get alerts all the time for Be On the Look Out for this individual at open houses. It's a safety issue for me, and if the sellers wants them they can find an agent that will do them.
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August 01 2007
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pinksandbaby

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Good point Marci! Ewwww! I always show the house when I know my husband will be around and always make a point to mention that to buyers so they know I won't be alone.
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August 01 2007
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1 1, "115599"

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Odd....

Unless a lawyer told you that, I wouldn't worry about it. Lawyers are the one who's qualified to interpret the law. If an agent told that to you, just confirm it with their broker.

It'll be a lot easier.

Also, it depends on what sort of agreement you have with them. Is it an exclusive agency with right to sell? Or open listing agreement? That'll play a HUGE role in it.

I know I try to have 2 or 3 open houses per weekend. Wish I could help you more....just drop me an e-mail, and I'll do my best to answer any more questions...
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August 01 2007
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rockinblu

Glen Carbon, IL

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Thanks to all that responded and Zillow for for providing this platform for discussion. The replies were all based on just good common sense and at the same time informative. However, I am still slightly up in the air on whether or not to have one on my own. I don't want to put the security issue on the agent, and I feel with my sales background and total knowledge of the home, I could show it quite effectively. In no way would the intention be just to save a little on the commision, it would be an effort to possibly speed up the process.

rockinblu
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August 01 2007
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GollyGeee

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Its your house, do what you want to do. End of discussion.
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August 03 2007
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Kary L. Krismer, "Krismer"

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I don't know why you'd want to have any connection to the potential buyers. Let your agent do the open houses.

Imagine this. You hold an open house, find the buyer. The buyer moves in and later becomes disatified with their purchase. They bring suit and claim that you told them the condition of the house was XXXXX. If you hadn't held the open house, and had never met them, they wouldn't be able to make that claim (they could only claim your agent said XXXX).

Part of the reason to use an agent is to limit liability (in a few ways). Why give part of that back?
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August 03 2007
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rockinblu

Glen Carbon, IL

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Krismer:

First, our agent won't due open houses. I also assume that the disclosure that I am obligated to sign in fact releases the agent from most of the liability due to the house's condition. As a follow up to my original query, we did hold an owner's open house Sunday 8/5. It was on the same street as an agent owned open house, and had no problem. We had some curious neighbors and 2 "possibles" which I handed info sheets to and informed them that any offers or negotiations would have to go through the listing agent.

rockinblu
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August 06 2007
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Rachel Pajaczek, "Seattle Agent"

Seattle

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Wow. I can't believe you agent won't do open houses. That is strange. They could at least have an associate or partner do it for them.
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August 06 2007
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Alan May

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I am an agent in Illinois, and this is incorrect, and misleading...

Yes, it's true that you can't have someone who is not a icensed real estate agent holding an open house where the public will be present (for example I can't have my daughter sit your open house) EXCEPT (and that's a really big exception) the owner!!

The owner is allowed to hold his own open, and to talk with the public.

If it was your agent who told you this, i'd be seriously concerned about his/her knowledge base, or motivation for telling you this (what shall I call it?) mis-information.
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August 06 2007
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yswimmer

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See my previous post about my agent ...that's all she does is Open Houses...nothing else....the lazy way to sell by sitting on my sofa. So an agent that does both is ideal!

On Sunday, she had another person from her office do the OH. What a difference. There were about 12 people who came and he said he would be following up the next day. My Agent never follows up and when I ask her to, she says 'they didn't call back'... whatever!

My contract is up at the end of Sept. Unless I get an offer (unlikely based on her actions) it's off the market or with another agent. I haven't decided.
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August 07 2007
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rockinblu

Glen Carbon, IL

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Almay:

Thank you, now I won't lay awake at nights wondering how I was going to make in Menard Penitentiary.
Seriously though, thanks for taking your time to respond and share your knowledge. By the way, your guess on where the info I received came from was a good guess.

rockinblu
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August 07 2007
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Alan May

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yswimmer...

you don't always have to wait 'till the end of the contract to switch realtors. If you're unhappy with your realtors performance (and this is where we get that bad reputation).. you're just going to stew about it, and tell everyone you come into contact with (including online blogs) that your agents sucks.

Instead, call the agency she works for and ask for the managing broker. Tell him/her that you want a different agent assigned to you, and outline the reasons for your dissatisfaction.

The liklihood is they'd rather keep your business at their agency and have a happy seller, than have you badmouth them all over town.

and rockinblu... you're welcome! :-)
it wouldn't have been You in Joliet anyway... it would have been the agent... she's the one with a license.
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August 07 2007
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housewise

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In California, I was surprised to see that open houses were the first tool used, whereas, around Chicago, they were used as a last resort. I've read some articles that claimed the statistics showed a very small percentage of homes were bought by those who attended the open houses. Instead of really serious buyers, they attract tire kickers and curiosity seekers. They are used here mainly to perk up interest, especially with other agents. I, personally, would worry about unseemly characters coming to "case the joint".

I believe the HGTV open house shows are somewhat staged. Also, realtors in the area are probably made aware of the open house and encouraged to send buyers who might jump at the chance just to be on TV. In this market, if you had an open house, without their help, you would probably be lucky to attract one looker.
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August 08 2007
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Alan May

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HGTV open houses are totally staged. Haven't you noticed that the people who walk through the first open house, and the people who come to the "improved" open house are the same people?
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August 08 2007
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housewise

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Absolutely, and they don't try to hide it on "Sell this House" but on "Designed to Sell", they do seem to have more serious buyers and do a lot more expensive remodeling, so I am guessing the area realtors get involved.
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August 08 2007
 

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