1,052,211
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.
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Lynnea Miller
Bend, OR
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Mott Marvin Kornicki
Sunny Isles, FL
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Kasey & John Boles
Boise, ID
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Debe Maxwell, CRS
Charlotte, NC
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
5,104,931
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.
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Lynnea Miller
Bend, OR
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Anthony Acosta - ALLAT...
Atlanta, GA
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Richard Bazinet /MBA, ...
Scottsdale, AZ
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
4,572,439
Personally, I suck in for my seller. The same response as the first time I answered.
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Kathleen Daniels, Prob...
San Jose, CA
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Anthony Acosta - ALLAT...
Atlanta, GA
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Mott Marvin Kornicki
Sunny Isles, FL
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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Gita Bantwal
Warwick, PA
2,684,109
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.
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
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Michael Jacobs
Pasadena, CA
1,543,833
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.
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Evelina Tsigelnitskaya
Sunny Isles Beach, FL
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Kathleen Daniels, Prob...
San Jose, CA
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Thomas J. Nelson, REAL...
La Jolla, CA
1,844,301
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.
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Mott Marvin Kornicki
Sunny Isles, FL
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
3,988,007
Most of us would be angry and report to the broker immediately. After closing reporting to the board would be in order.
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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Michael Jacobs
Pasadena, CA
1,311,397
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.
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Anthony Acosta - ALLAT...
Atlanta, GA
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Peter Testa
Danbury, CT
613,494
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
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
716,049
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.
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
5,230,119
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."
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Kathleen Daniels, Prob...
San Jose, CA
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Anthony Acosta - ALLAT...
Atlanta, GA
5,583,278
I would report it, but at the right time not to interfere with the progress of the transaction....
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Candice A. Donofrio
Fort Mohave, AZ
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Debe Maxwell, CRS
Charlotte, NC
3,416,038
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.
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
4,883,248
I call their broker, file a grievance with the local board, file a complaint with our state real estate commission.
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
7,836,425
You have some good answers.
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Anthony Acosta - ALLAT...
Atlanta, GA
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Debe Maxwell, CRS
Charlotte, NC
3,626,530
Reporting them to their broker, immediately, to the board, after closing
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Debe Maxwell, CRS
Charlotte, NC
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Michael Jacobs
Pasadena, CA
2,220,654
You have some great responses here.
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Anthony Acosta - ALLAT...
Atlanta, GA
758,035
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.
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Anthony Acosta - ALLAT...
Atlanta, GA
2,071,025
Local association of Realtors to be notified in writing.
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Anthony Acosta - ALLAT...
Atlanta, GA
921,504
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.
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Candice A. Donofrio
Fort Mohave, AZ
4,434,127
Others have given good answers.
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Anthony Acosta - ALLAT...
Atlanta, GA
3,986,258
5,868,565
3,345,091
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.
3,164,294
I just handled it myself with the agent. I don't believe he'll ever do it again.
6,393,609
711,852
This is a violation of MLS policy and should be reported to them. I would also let the Principal Broker know as well.
343,050
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.
1,502,998
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.
1,153,794
519,324
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.
67,369
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.
5,772,575
1,712,676
3,071,489
4,800,082
2,781,173
What produces the result should get the attention not what distracts from it
5,216,900
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!
247,699