Re: I Wouldn’t Do It… - Posted by JPiper
Posted by JPiper on May 05, 2000 at 15:30:38:
The most common reasons that a realtor has brought me a deal is because of 1) extensive repairs 2) overencumbered 3) no room for commission (fits in with reason #2). Once in a while I’ve had deals that had very little time…but this reason is down the list. Another reason at times is the location, generally coupled with repairs.
And yes, at times I think that Realtors do a disservice to their clients. The attitude at times is that they make decisions for the client without consulting the client…as if they were personally on the deed.
But whether that is the case or not…the Realtor is contractually due a commission upon sale unless the Seller and Broker make other arrangements. I have no problem with the idea of contacting the seller directly if the Realtor either refuses to present the offer, or is very uncooperative in general where you have reason to believe the seller would be interested in your deal. At the same time, however, I would be reluctant to try to interfere with the contractual agreement for the commission. I might attempt to bring the Realtor into a basic agreement with the seller, in order to negotiate a different payment arrangement for the commission, a lower commission, or some other basic setup. But again, I wouldn’t attempt to ignore the issue, or counsel the seller to attempt to violate the agreement. Most listing agreements as you may know contain a clause which obligates the Seller to refer buyers to the Realtor. Most Realtors aren’t going to have too big a problem with this as long as the commission is still paid. But I suppose it’s possible that convincing a seller to sell the property, and then leading them in ways that would beat the Realtor out of the commission could be construed as tortious interference. Never had it happen, or seen it happen…but it could be a possibility.
I think the central point in my post was that I wouldn’t actively market to ALL of the listings…I think that heads down an incorrect road that won’t be particularly productive, and will inalienate the Realtor community. On the other hand, approaching a seller in a case where the agent has refused to make an offer is an avenue I would take if it happened.
My other thought is that we all need to learn how to deal with Realtors to the exent that we are going to deal with listed properties. This means being a proponent for your deal, why the Realtor should be interested in at least presenting your deal, and perhaps why you should at least be present for the part of the presentation where your offer is initially presented if this is possible.