Shady Agent?

Profile picture for dancingstarr
Is it legal for an agent to list a house as being "for sale" with an undisclosed location once that same property is already in escrow?
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July 30 2010 - Tulsa

Replies (15)

Profile picture for ABBAUSA
It is not a good thing, but it happens when the agent is only wanting the listing to show up  after the property is pending. You never have an opportunity to view. Nothing wrong,  but when you see it it makes you wonder.

Good Luck!

James Callas - Realtor® 
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July 30 2010
Profile picture for dancingstarr
By the way, I'm not in Tulsa...or even Oklahoma :-)  I didn't realize that it came up that way and don't know how to change it. 

 For the time being, let's make it a general, US question so that if the agent reads on the same site that they post listings, I don't get myself into trouble.

Thanks very much!
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July 30 2010
Profile picture for dancingstarr
Thanks very much, James.  I'm not sure I understand.  They had the property listed twice, one listing with an address and one with an undisclosed address, at a higher price.
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July 30 2010
Profile picture for broker_GRI

Hi DancingStar,

It really would depend on the laws/rules governing

where the property is located and what the listing contract has outlined.

 

Some multiple listing services (MLS) will require

members to include all of it's listings, even those listings where the owner has not given permission to be listed on the MLS.

Withholding the address protects the owner's privacy while allowing the sale to be (somewhat) properly calculated in the statistics

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July 30 2010
Profile picture for dancingstarr
Thank you, Realtor_Gri...I think maybe I'm not being clear (while intentionally holding back details,which is tricky)

I believe that the agent thinks that he/she can get more for the property than what he/she originally asked and I agreed to pay; so they listed the property again with a higher price after we're already in escrow. 

I have very strong reasons to believe that my suspicions are accurate. 
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July 30 2010
Profile picture for broker_GRI
If you are in escrow with this property and it has been listed as active on a multiple listing service..........then yes, that does sound "shady".
Have your agent address this immediately.
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July 30 2010
Profile picture for dancingstarr
Got it. :-)  Thanks very much, Realtor_GRI.  My agent doesn't think it's that big a deal, just unethical.  I'll push things a bit.
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July 30 2010
Profile picture for Ofe Polack
If you want a real clear answer I suggest you contact the Board of Realtors on your area, they will give an answer to your concern.  Laws differ depending on the states, so I do not even venture a more direct answer, but rather an advice as where to get the right answer.
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July 31 2010
Profile picture for broker_GRI

DancingStarr,

If your agent doesn't think it's a big deal "just" unethical...

that is a big deal.

Ethics are supposed to be one of the very foundations upon which

REALTORS are to conduct themselves.

Most MLS sites/local boards have a "contact us" area where you could get in touch

with them and ask questions regarding the rules and/or lodge complaints.

 

I understand why you would not want the property still offered for sale

since you are already in contract.

Where I'm from, to be in contract means that each party has agreed to follow it through in good faith and (unless stated otherwise in your contract) continuing to offer it for sale certainly does not seem to be in good faith.

Perhaps the other agent just needs "a friendly reminder"

All the best and Congrats!

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August 01 2010
If you are in escrow then your price and concessions are "locked in" unless you find something during inspections that changes your mind,or if there were financing problems. Until you close the listing is pending and remains on MLS. Thats how it is here.

Good luck,
John Cantero
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August 03 2010
Profile picture for frisky1
Garden State MLS in NJ told me in 2008 that it is perfectly acceptable to keep a house as active in their MLS even if there is an accepted contract and the deal is in escrow. they said the house cannot be shown (of course how the heck do they police that?) and that most agents will indicate the house is pending in the agents notes, but they don't have to. so as Ofe indicates, it may depend on the local MLS and/or the board of realtors.
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August 03 2010
Profile picture for Lmidgett
Illegal, not in my state. Against regulations, perhaps. Report it to the broker in charge of the agent. You can usually find out who the broker is by contacting your local board of Realtors or state licensing agency.
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August 03 2010

Is the contract for sale a contingency?  If so, most times the house will stay on the market for backup offers.  If not, perhaps the buyer has a "questionable" lender or something to that nature... I cannot imagine why the property location would not be disclosed.

Good Luck!

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September 03 2010
Profile picture for PaulBurton
There is always the Real Estate commission in each state that can help you answer questions like these. They can let you know the local rules that apply. 
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December 15 2010
Profile picture for ConnieK_Oklahoma
it certainly sounds shady but without all the facts none of us can completely say.  I  completely agree with Broker_Gri and would say that ETHICS are the biggest deal.   Also, If I am understanding your quesiton right, it would be illegal at least in our state.  It's not illegal to have it stay in the MLS after a pending contract but it is illegal to list the same house for multiple prices.  Not sure where you are seeing the listing, it might be some site like homes.com or other place that doesn't stay updated and the Realtor just forgot about it.   I would think the BEST thing to do is to ask your Realtor to point it out incase it is an honest mistake so that the listing realtor can correct it.  If it isn't a honest mistake then there is both the local board and a Real Estate commission that can and should get involved but start with your Realtor and their managing broker.  When a Realtor is allowed to break the rules for some self serving advantage it not only rewards them for their dishonesty it punishes those that diligently follow the rules.  I hope it is a misunderstanding or honest mistake.
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December 16 2010
 
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