Special offer

Spam prevention
Rainmaker
1,052,211
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Q2: I haven't had my coffee yet but you'll find in the COE that you cannot let a controversy with another licensee Impact a transaction.
(AZ RE Commissioners Rule R4-28-1101D as well)

Besides that, Miss Thing has already shown her backside; she won't disappoint you in doing more dumb stuff. Just keep documenting it and then after the closing, ship it off.

Q1. It's probably going to go to your State Association. Our local board will direct us there, after violating the agent for keybox. Filing a complaint is actually pretty easy in our state. They have an ombudsman who will initially review.

Jul 20, 2018 04:41 AM
Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I would report this to my board immediately. No need to go through any broker in charge. It's a clear and total violation of our mls rules. This is on par with breaking rules such as lending out one's lock box key, entering a home without permission.

Jul 20, 2018 03:41 AM
Rainmaker
4,572,439
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Personally,  I suck in for my seller.  The same response as the first time I answered. 

Jul 20, 2018 02:49 AM
Ambassador
2,684,109
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Do not derail the closing.

 Once it closes, report them for loaning the lockbox key ($500 fine in Tallahassee).  If they literally walked in on the Seller, have the Seller call the police or sheriff and charge them with criminal trespass.  Finally, report them to the Florida Real Estate Commission. 

Jul 19, 2018 10:44 PM
Rainmaker
1,543,833
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

I did the following:

1. Confronted the agent. Got a ridiculous answer "inspections are a waste of our time". A yeah but...(see below).

2.  Called the Board of Realtors

3. Called my broker (dual agency) so the other agent works at Big Block too (unfortunately).

4. Reported the incident to the lock box company.

 

9.9 Physical Presence of Participant or Subscriber. A Participant or Subscriber must be physically present on the property at all times when providing access to a listed property unless the Seller has consented otherwise.

 

13.2  Smart Card Use and Service   Smart Cards may not be used under any circumstances by anyone other than the Smart Card holder, including, but not limited to, lending, borrowing or sharing Smart Cards with others. The MLS is not obligated to provide service on Smart Cards or lock boxes to individuals who are not the registered owner of the component.  Keys may only be used for the purpose of facilitating the sale or lease of a listed property.

 

13.6  Listing Broker's Permission   No MLS Participant or Subscriber may enter a property with or without a lockbox without the listing broker's permission.  Such permission may be granted by the listing broker specifying permission to use the lockbox for its intended purpose of showing or inspecting the subject property only, unless otherwise noted by the listing broker. Contents of the lockbox are specific to the subject property and shall be returned to the lockbox immediately after use.  Appraiser participants are expressly prohibited from using lockbox Smart Cards to enter a property without either the owner's or listing broker's permission.  Participants and Subscribers shall keep lockbox contents in their possession at all times after removal from the lockbox.  The lockbox and/or contents shall not be removed from the property site without the prior consent from the listing agent. 

 

Jul 20, 2018 04:41 PM
Rainmaker
1,844,301
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

1) MLS with heafty fine following, board next

2) Next day, let's get the ball rolling especially with her comment of being bored to death.

I do not believe that is putting the transaction in danger. It is outside the transaction just called bad behavior.

 

Jul 20, 2018 04:54 AM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Most of us would be angry and report to the broker immediately. After closing reporting to the board would be in order.

Jul 19, 2018 10:40 PM
Rainmaker
1,311,397
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

First: close the transaction. First and foremost, we are serving our client.

Second: file a complaint with the local Associaton. Lending out an electronic key is a violation of our mls rules and punishable with an automatic fine. First offense = $500 fine in our AOR.

Jul 20, 2018 06:43 AM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

A COE violation is handled by the local board through greivance, professional standards and a hearing.  ONLY.

The STATE DOES NOT HANDLE COE COMPLAINTS...they only deal with the LAW...and they ignore squabbles between agents.

Walking in on a seller when you are involved in the transaction is stupid,unprofessional, violates COE, maybe even MLS rules,  but does not rise to the level of breaking the law,criminal tresspass or a police report...get real on that one. 

Eve

 

 

Jul 20, 2018 06:02 AM
Rainmaker
716,049
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

In AZ, you report to the MLS, as they set the lockbox rules. The MLS has an association committee that oversees these things with the powers to take action.

Jul 20, 2018 06:02 AM
Ambassador
5,230,119
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I would discuss the timing with my sellers. Then, I would report to my broker, who in-turn would report to her broker. 

Keeping good notes and a timeline will be important for reporting to the Board. 

I have had an instance similar to this and let the sellers decide. Their comment..."If they walk because their agent got into trouble for not following the law, we're okay with that. We don't want to work with someone who supports this type of behavior."

Jul 20, 2018 05:36 AM
Rainmaker
5,583,278
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I would report it, but at the right time not to interfere with the progress of the transaction....

Jul 20, 2018 05:28 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

First i would take care of my seller. Then I would speak to the buyer agent. I do not want to kill the sale so would meet with the managing broker of that buyer agent. The board has little teeth. If i wanted to go after them after closing, it would be to the state real estate commission.

Jul 20, 2018 04:38 AM
Rainmaker
4,883,248
Richard Weeks
Dallas, TX
REALTOR®, Broker

I call their broker, file a grievance with the local board, file a complaint with our state real estate commission.

Jul 20, 2018 04:19 AM
Rainmaker
7,836,425
Roy Kelley
Retired - Gaithersburg, MD

You have some good answers.

Jul 20, 2018 03:50 AM
Rainmaker
3,626,530
James Dray
Fathom Realty - Bentonville, AR

Reporting them to their broker, immediately, to the board, after closing

Jul 20, 2018 02:46 AM
Rainmaker
2,220,654
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

You have some great responses here. 

Jul 20, 2018 03:29 PM
Rainmaker
758,035
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

None of the above if it can be resolved. In my original answer I wrote... 

That's real unprofesssional. No matter how pissed off I was my way of handling outrageous situations like this is to remain calm, don't lower yourself to their level in your response & look to preserve the deal BUT let them know that this will not be acceptable when they return for their appraisal, etc.- let them know you & your owner's ground rules; since they operate with none.  

Jul 20, 2018 09:57 AM
Rainmaker
2,071,025
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Local association of Realtors to be notified in writing. 

Jul 20, 2018 09:49 AM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Is my feeling of relevance so insignificant that it can only be bolstered by causing harm to another? Those who act in such a way are poor representatives of a profession who alleged to rely on collaboration.

Am I happy with my MLS? Who is.

I would advise the agent of the egregious nature of their action and base my action on their response, NOT on my ability to inflict pain.

Jul 20, 2018 05:18 AM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Others have given good answers.

Jul 20, 2018 04:24 AM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

A couple of days depending on the responses

Jul 23, 2018 09:22 PM
Rainmaker
5,868,565
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Same answer as I did with his question.

Jul 23, 2018 04:35 PM
Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

As always, document the holy you know what out of the events. I'd report accordingly and not do anything that would cause harm to my seller. 

Jul 21, 2018 08:33 AM
Ambassador
3,164,294
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I just handled it myself with the agent.  I don't believe he'll ever do it again.

Jul 20, 2018 08:58 PM
Ambassador
6,393,609
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I am not much of a tattle tale, I would work it out with the agent.

Jul 20, 2018 04:43 PM
Rainmaker
711,852
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

This is a violation of MLS policy and should be reported to them. I would also let the Principal Broker know as well.

Jul 20, 2018 04:43 PM
Rainmaker
343,050
Mott Marvin Kornicki
Waterway Realtors® • Notary Public & Apostille - Sunny Isles, FL
Miami Notary & Apostille 786-229-7999

It's obviously a question of lack of ethics. It would have been easier to let the seller know of the upcoming inspection and avoid "breaking and entering" with a key fob. Clearly, the perpetrator has no integrity.

 

Report to the buyer's agent broker/manager once the transaction closes.

 

Jul 20, 2018 01:01 PM
Rainmaker
1,502,998
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

As I said in my response to Thomas's question:

I'd call her on it right away and tell her not to do it again and that I've instructed the sellers to deny entry if it happens again.

 

As much as I'd LOVE to call the board, her broker and the state on her for doing this... I'd also hate to jeapordize the transaction.  I'd probably start the right before closing once all contingencies are removed.  It takes time for our board and state to do anything.

Jul 20, 2018 11:40 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

The moment I become aware of the action ALL will be notified.

Jul 20, 2018 10:44 AM
Rainmaker
519,324
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

Due to the snarky remark and based on a solid contract, I'd start with their broker and then if met with a similar response turn them into our MLS.  I might wait until the inspection contingency passed just to protect the client from losing the deal, but that is a discussion we'd have with the client. 

Jul 20, 2018 09:44 AM
Rainer
67,369
Evelyn M Epperson
Coldwell Banker Residential Brokerage - Johns Creek, GA
A Tradition Of [Excellence, Trust & Service]

I would have a meeting with my Broker first.  Have my broker call her broker then report her to the commission, the board and the MLS.

Jul 20, 2018 08:39 AM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

I would close the transaction first, then report. A

Jul 20, 2018 07:58 AM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I did respond and if we don['t report bad stuff, shame on us.

Jul 20, 2018 06:46 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

All of the above immediately.

Jul 20, 2018 06:34 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I answered this question.

Jul 20, 2018 06:33 AM
Rainmaker
2,781,173
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

What produces the result should get the attention not what distracts from it

Jul 20, 2018 06:00 AM
Rainmaker
5,216,900
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

My broker would be calling his broker as a courtesy. If kind words were not exchanged, the Board would receive a complaint! Possibly the selling agent's sponsoring broker may have to rethink the affiliation!

Jul 20, 2018 05:44 AM
Rainer
247,699
Jerry Thomas-Construction Loans
Cranbrook Loans - Farmington Hills, MI
Construction Loans in MI, OH, PA, VA, GA and FL.

I'd report the agent but not until after the closing.

Jul 20, 2018 05:39 AM