Martin E. Kalisker, Esq., Real Estate Law From A Practical Perspective

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Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

I have reported these agents - it is not acceptable.  It is for this reason that many of my clients now request my Concierge Service which includes a meet and greet of all agents and their buyers.

Sad when we cannot trust one of our own!

Jul 12, 2015 08:37 AM
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

Martin, the main thing is getting the house sold for my sellers.  After settlement, I would maybe consider filing a grievance with our professional standards committee.

Jul 12, 2015 11:23 AM
Roy Kelley
Retired - Gaithersburg, MD

This is not acceptable conduct but unacceptable conduct is so common that you have to adjust to reality. I would not fault the prospects for the bad conduct of their agent.

Jul 12, 2015 10:08 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

That's one reason for using an electronic key box, but when using a combo, agents should know not to give out combos. First, I would get potential buyers to write down how they gained access to the property without an agent. Then would consider filing official complaint. Depending on attitude of agent and buyer, I would decide whether to cooperate or not. I would also discuss situation with sellers. Main factor would be sellers best interest.

Jul 12, 2015 09:10 AM
Kimberly Thurm
Berkshire Hathaway HomeServices Chicago - Naperville, IL
Broker / Relocation Consultant ABR, CRS, GRI, SFR

Oh, you hit a hot button for me.  Luckily, I use electronic key-boxes...  However, I would definitely report the agent.  It is pretty much an automatic fine in our MLS to their Broker if found guilty (I thinks it's $2,000.)  I truly believe the seller's rely on us for their safety against such agents.  What if something were to happen, something goes missing, a dog bites a buyers, a buyer slips and falls, and a slew of other things.  I take this very seriously - If I were to catch them in the home, I would even consider calling the police.  Breaking and entering you think! And the "no show agent" would be a co-conspirator.  That might solve that problem.  A picture of the agent in handcuffs; not so good PR.  Not sure if you should be allowed to collect a commission when committing a crime.

Jul 12, 2015 01:46 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Yes but I would tell her I was changing the lockbox and too not give the code out again. 

Jul 12, 2015 12:57 PM
Jack Lewitz
Exit Strategy Realty - Evanston, IL

I found a buyer living in a condo unit before it closed . Apparently he was desperate and needed to move so his agent gave the combination to my lock kbox and he moved in before closing. Needless to say I cancelled the deal and threatened to press charges against the buyer and his agent .

Jul 12, 2015 11:54 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

It is against the rules of our board. I could not work with a person who did illegal things like that.

Jul 12, 2015 11:32 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce her the local board...absolutely !

Jul 12, 2015 10:34 AM
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

I would report her misconduct to her broker and possibly the Board. If she brings an offer I will present it to my clients. 

Jul 12, 2015 10:09 AM
Cindy Davis
SD Home Source Realty - San Diego, CA

I would speak with her broker about her behavior which was unacceptable. Then, if she brings in a buyer, of course, we would work with it like any other offer.

Jul 12, 2015 10:02 AM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Martin Kalisker - they are two independent things. We do not expect an agent to share the lock box code with their buyers. I do not mind reporting them to the board/MLS.

However, if they send an offer, we should do what is right for our clients.

Jul 12, 2015 09:05 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the cooperating fee belongs to the office, so that's not an issue....but passing on the code to a lockbox is a serious one.... the broker and the agent would need to deal with that one via a board complaint.... 

Jul 12, 2015 09:04 AM
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

first answer is no. second answer is no. its not the comm that would upset me , but her deceit or laziness. or both. I might ask her what she was thinking , and her telling you she had another client isnt enough. she could have asked you to show it, or her broker...something

Jul 12, 2015 08:41 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Report her!  Knowing that, and not disclosing it, could make you an accessory to an illegal activity.

Jul 12, 2015 08:37 AM
Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

Also, if it's listed in the MLS, then it's payable no matter what.  But I would certainly report her to her broker and the board.

Jul 12, 2015 08:32 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

An ethics report should be filed with each occurrence.

Jul 12, 2015 01:14 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I would be reporting that agent to as many agencies who would take action against them. I would have the "cooperation" discussion with the sellers and take direction from the sellers.

Jul 12, 2015 12:27 PM
Stefan Winter
Real Estate in IL & NV | Owner of Real Estate Web Tech | Daily Vlogger - Las Vegas, NV
Owner - Winter Group & Real Estate Web Tech

I think it is also against the board rules in every state. Luckly all my lockboxes are the electronic once so if your not a realtor your out of luck.

Jul 12, 2015 12:03 PM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC


Jul 12, 2015 12:02 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Our lockboxes are more than just a code.  I open them with my phone. 

Jul 12, 2015 11:51 AM
Evelyn M Epperson
Coldwell Banker Residential Brokerage - Johns Creek, GA
A Tradition Of [Excellence, Trust & Service]

No and I would call her broker about the situation.  The agent would not get the commission as she/he did not cross the buyers over the threshold.

Jul 13, 2015 09:40 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

I doubt most sellers would want an unescorted potential buyer touring their home. 

We cooperate with all agents, but I wouldn't give lockbox codes out to agents I couldn't trust. My responsibility is to my clients.

Jul 12, 2015 10:13 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

If they represented a client who was interested in one of my listings I would not have much of a choice.  I would report her for giving the lockbox code out.

Jul 12, 2015 09:34 PM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Often combo boxes are used to let tradespeople in who need to do work. But there is a signup sheet on the counter that they have to fill in. As to using the combo box as the main access for buyers and their agents, isn't that pretty much passe? Don't most associations now have electronic ones? But to the question here, whether an agent should give out the combination to YOUR listing, totally unethical and should be reported.

Jul 12, 2015 03:59 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I think I would be talking with that agent's broker. That is not allowed in my area. Is it allowed in yours?

Jul 12, 2015 03:53 PM
Nancy Laswick
United Real Estate - Phoenix, AZ
Your REALTOR® For The Valley Of The Sun

We use electonic boxes that log the agents code and time stamp the entry. I don't like mechanical boxes for this very reason. Kimberly Thurm laid out the possbile downside to a T. There are a ton of alternatives to giving the code to your client. If you're too lazy to make use of them find another way to make a living.

Jul 12, 2015 03:29 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

my lockboxes are opened with MLS keys.  I'd never compromise a buyer's property with a combo box 

Jul 12, 2015 02:04 PM