I spoke with a number of ForSaleByOwner.com customers from various markets this week, and was alarmed at the number of people who have had the shared experience of real estate agents not acting in the best interest of buyers. What's going on, it seems, is that agents are increasingly not showing FSBO listings to their clients, even if such listings fall under the parameters and price range sought by them. This is even happening in situations where the "for sale by owner" has put their home on the M.L.S. and has advertised that they would pay a commission to an agent who brings a buyer.
Incredibly, such housing discrimination is not considered an illegal practice. It is, however, against the National Association of Realtor's code of ethics. The first code list under its Duties to Clients and Customers reads as following:
"When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client." (click here to read NAR's Code of Ethics)
Agents who refuse to show FSBO listings are engaging in a deceptive practice that's far from protecting and promoting the best interests of their clients, who undoubtedly wish to see all homes on the market. Rather, they are trying to protect the interests of those agents & brokers who view FSBOs as a threat to their livelihood.
Let me be clear that there are many quality real estate agents who do indeed show their clients homes that are being sold "for sale by owner." It's the minority of agents that are doing otherwise, and their acts threaten to tarnish the reputation of all Realtors throughout the industry.
Nationwide, it's estimated that FSBO listings account for more than 20% of all listings on the market. For agents to ignore such a large segment is not only anti-consumer. It's impeding the sale of homes that is so critical to the healing of the current housing crisis.
7 comments:
I am a Realtor in Las Vegas. I don't mind working with FSBOs that will co-op with Brokers. This is good business. However, keep in mind, that we have a centralized source (MLS) to locate properties that meet the criteria of our clients. Additionally, many FSBOs put the phrase "no agents" in their ad and also may be on the DNC list. Just another perspective.
Just like the Realtors have the MLS, FSBOs need their own MLS. I want to see not just Forsalebyowner.com properties, but also the ones that are on other sites too.
For real estate in Washington State this is very probably a violation of our "Law of Real Estate Agency" and the offending agent would be subject to disciplinary action from the Dept of Licensing.
Larry Wright
www.nwRealty.Net
Your post on the "breach" is regretfully accurate. There are reports that document realtors across the country have not only isolated the FSBO's, but also within instances when the seller negotiates a lower commission percentage, the buyers agent passed over the property.
It's a shame, but there is a conflict of interest that exists due to the nature of the business.
I've been indirectly involved in the business for 15 years, and I've seen all along.
For real estate in USA this is very probably a violation of our " Motel Hotel for sale " and show hotel real estate here!
Tassanee
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