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My agent showed a property that I found to an investor...has happened on two different occasions!
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vpactivities
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Registered: 11-24-2008


vpactivities

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I spend my time and resources to locate properties that I'm interested in and have my agent show me the properties, but she subsequently shows the same property to other investors! Is there a conflict of interest? This has happened on two different occasions that I know of. I couldn't make an offer on the first property so she slipped and told me she presented an offer for an investor on it. I have made an offer on the second just a few days, and I found out that she took an investor to view it yesterday. This may not bother me so much if she found the properties for me, but I spend over 2 hours everyday looking on-line for properties only for her to turn around to show them to other people. This will make it hard for me to trust her going forward. Is this an acceptable practice in the industry? What's my recourse? Maybe I should start contacting the listing agent on the properties I find and deal with them directly!

Kudos!
11-02-2009 10:13 AM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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IndieDev
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Registered: 01-19-2009


IndieDev

Message 2 of 16

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Dump her.

 

She's partially working against you in finding home, I don't see any reason for hesitation in getting rid of her.

Kudos!
11-02-2009 10:21 AM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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vpactivities
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Registered: 11-24-2008


vpactivities

Message 3 of 16

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That sounds like the outcome I should pursue. I have tried giving her the benefit of the doubt on various occasions on different issues.
Kudos!
11-02-2009 10:40 AM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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RE_Guy
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Registered: 12-08-2008


RE_Guy

Message 4 of 16

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Your agent owes fiduciary duties to you and that means due care and loyalty.  Due care is represented by the actions of a reasonable agent in the same or similar circumstances and loyalty means no self dealing.  Arguably, as I understand it from your narrative, these listings were on the MLS or some other type of website, available to all so your agent could simply say that their other client wanted to see these properties.  However, in the second circumstance where you have made an offer through your agent then her attempts to sabotage your offer by showing the property to another of her clients, if the client makes a  better offer than you made and gets the property,  then that may be an intentional interference with prospective economic advantage, by your agent.

 

If I were you I would call her supervising broker and explain the circumstances and request another agent or just dump her. 

 

 And, no this is not anyway for an agent to behave, unless she fully disclosed what she was going to you before she did in and you approved.

 

Of course all this is just my opinion.

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Kudos!
11-02-2009 11:49 AM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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Rebeccah
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Registered: 09-08-2008


Rebeccah

Message 5 of 16

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Get a different agent.

Your agent is supposed to act for you. She has a conflict of interest, and as evidenced by your second example, it's not just a theoretical one, but an actual one that is resulting in her *not* acting in *your* best interest.

Not a bad idea to do as RE_Guy suggests and notify her broker, but seriously -- just get a different agent.

Rebeccah
Kudos!
11-02-2009 12:04 PM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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LoansbyJW
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Registered: 04-30-2009


LoansbyJW

Message 6 of 16

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If only you had a Real Estate Salespersons license you could argue for commission due since you were the procuring cause. :smileyhappy:

 

Step 1: Fire away. There are better agents out there. Why put up with the terrible ones?

 

Step 2: Put everything in writing with any evidence / emails / ect.

 

Step 3: Send to Broker of record with a CC to the California Department of Real Estate. This kind of nonsense should not be tolerated.

 

At minimum a call to you giving you a "last chance" to put an offer in should have been done. I say let the chips fall where they may.

 

Thanks for reading,

 

LoansbyJW

Kudos!
11-02-2009 03:14 PM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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mamaguza
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Registered: 06-27-2009


mamaguza

Message 7 of 16

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You are doing the research. Go directly to the listing agent. I cant begin to say how much of a better response I have gotten by doing this. They are much much more motivated if they are going to double end the deal, and they will put your offer on the top of the list.

 

Kudos!
11-02-2009 03:50 PM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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Lisa99
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Registered: 10-16-2009


Lisa99

Message 8 of 16

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If you don't have a Buyer's Agent contract with her then I would dump that agent in a heartbeat.  If you do have one isn't this a violation?

 

You are finding the listings?  You made an offer on one, and she knew what your offer is, and then she goes and shows it to an investor "after" your offer is in? This is ludicrous.

 

 

Kudos!
11-02-2009 04:30 PM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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BlueJay
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Registered: 06-10-2009


BlueJay

Message 9 of 16

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Dump your buyer's agent, and go direct to the seller's agent.  Let them double up on the commission, and you stand a better chance of getting a good deal.  Unless an agent has a listing, they have nothing.  My opinion.
Kudos!
11-02-2009 05:00 PM
 

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Re: My agent showed a property that I found to an investor...has happened on two different occasions
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vpactivities
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Posts: 6
Registered: 11-24-2008


vpactivities

Message 10 of 16

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All the advice and opinions you guys posted were about the same so I'm gonna follow through and fire this agent. If I come across any new listing in the future, I'll be going directly through the listing agent for access. Thanks all!
Kudos!
11-02-2009 11:02 PM
 

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