Annoying Brokerage Practice #492 – Holding Agents Hostage.

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HostageThere are many things that annoy me about typical real estate brokerage practices. Things like. . .

  • Holding agents commission checks until they submit some needless form
  • Not allowing agents the freedom to run their business in a manner that best benefits the agent – and their clients
  • Keeping minimum hiring qualifications of having a license and a pulse
  • Charging agents exorbitant fees for Errors & Omissions insurance

And there are more.

But the one brokerage practice that annoys me most is the fairly prevalent convention of keeping an agent’s listings if the agent decides to change brokerages.

Huh?

Let’s say an agent approaches their broker and says, “I’ve decided that due to <<insert whatever reason here>> I will be leaving the brokerage and moving to <<insert name of different brokerage here”>>.

The broker responds, “OK. You’re making a huge mistake, you don’t know what you are doing, but I can’t stop you. We will, of course, keep all your current listings and reassign them to another agent within the brokerage.”

What utter crap. Yet it happens all the time.

Yeah yeah, I understand completely that technically all listings belong to the brokerage, not the agent. But let’s be honest folks, what exactly did the brokerage do to secure the listing? Did the home seller decide to list with the brokerage, or the agent?

You and I both know that 99 times out of 100 the home seller lists because of the agent, not the broker. If you think otherwise, you are delusional, living in fantasy land, or clueless. That too strong for you? OKfine. Ask 100 home sellers who the broker is that holds their listing. I’ll bet you dollars to doughnuts they all name either the agent, or say, “I have no idea, nor do I care”.

Why would a broker keep a listing if an agent wants to leave?

Honestly, I have no idea. It would seem to boil down to three things: 1) unadulterated greed; 2) the ridiculous notion that if you trap an agent in your brokerage that they will just stick around and be happy; or 3) to spite the agent that has chosen to leave their brokerage (credit to Michael McClure for thinking of reason #3)

What other reasons could there be?

To better serve the client? Puhlease. You’re going to reassign the listing to some random agent in your brokerage – an agent the home seller has no relationship with. Exactly how does that best serve the client?

Because “that’s our policy”? How lame. Change your freaking policy. It’s YOUR policy, you can change it.

Because “If I transfer your listings I’ll have to do it for everyone!” Wah. Sniff. Pout. Man up and do the right thing for the agent that’s been busting their ass, and making YOU money.

I. Don’t. Get. It.

Do you really think by trapping the agent into working for you that they will be productive, happy agents? You might as well just club them over the head and beat them into submission. This does wonders for employee productivity and morale.

Why in the world do you want someone working in your brokerage that doesn’t want to be there?

It doesn’t make sense.

It is wrong.

But it happens every day.

For the record

In the almost three years we have been in operation, we’ve never had an agent leave Thompson’s Realty for another brokerage. That’s a record I’m rather proud of. But I’d be delusional if I thought it would never happen. It will.

And when it does, that agent can take their listings with them. No referral fee, no strings, no gotchas. YOU earned the listing, it is YOURS to keep.

Have something in escrow? You’ll get paid at whatever your current split is. No games here of reducing your split because you chose to leave.

Why?

Because it’s the right thing to do.

Photo Credit: sindesign on Flickr. CC Licensed.

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About the Author
Jay Thompson

I'm a real estate broker in Phoenix, Arizona and the publisher of the Phoenix Real Estate Guy blog. I tend to drive too fast and scream at the University of Texas and Denver Broncos football teams. My two kids are smarter than most adults I know and my wife is simply amazing.

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Jay, wasn't aiming the crybaby comment at you, it was in response to another comment. Just imagine how the real hostages are feeling...buyers and sellers. Few seem to care about them

Not every residential brokerage office is full of crybabies Steve. And some of us are trying to fix it. That being said, yeah, there are some pretty ridiculous practices in real estate brokerage. Hence this (and other) post.

I don't get it, if you want to be in control, and name you price, and call the shots, then open your own shop. But remember with that come risks, and having to deal with an office full of crybabies like yourself. You know, this crap doesn't happen in most of the commercial brokerage firms, so why are most residential brokerages so amateurish. Consumers are very aware of this. What is the residential side doing wrong and why aren't they fixing it.

I had this happen to me when I changed brokerages. My previous employing broker always keeps the listings. I saw them do it to 2 other agents who left, so I knew I had to wait for 5 closings to complete before I could move. Then they tried to take a larger part of my commission ON MY OWN PERSONAL HOME I sold that got held up in closing due to a lender snafu.
Karma does rule though, as I left in October, and three other agents left as well within the next four weeks. They have tried to keep all our listings, but we have all managed to keep our clients and who either waited for the listing to expire or wrote letters demanding to be released from this brokerage's clutches. All they did was create ill-will among these clients - about 80 buyers/sellers who will never deal with this company again. That may not sound like much, but in a small town (pop 3,000) that's HUGE.

hmmmm This topic must have come about from one of your latest agent acqusitions... hires... team members, whatever. I know I worked for them once myself and she probably had some business and had to leave 1/2 her commissions in their pockets. Love that C21 (sarcasm). Warning! If you ever use the &quot;Client appreciation Program&quot; with them, change the data of your past clients to your self. They will have some nimrod agent with barely a pulse call on them and follow up for the years to come for a company referral fee of course. I would like to say all C21s are not that way with my first one, but he stole others money apparently. My Re/Max office would not do that to us either. I know a big name office, sorry Jay, still love you and Francy though.

You&#039;re man... or should I say &quot;Guy&quot;. Great stuff as usual.
My recent post FUNNY VIDEO &ndash; Quantitative Easing and More BS from The Treasury!

When I moved from my previous broker in Baltimore, I had to fight to just keep our listings. Plus my old broker reduced our team&rsquo;s splits and held back the disbursements for 3 months. I guess they were not happy with our decision to take our book of business to someone who actually would be grateful for the additional business.

Some companies give their agents free copies, advertising, and office space. We paid for everything and that was fine based on our split, however please don&#039;t think you are doing me a favor by keeping me around when we are actually producing over 40% of the office revenue.

My recent post Here Come the Bank Buybacks

I think the majority of brokerages see E&amp;O as a money making scheme. Overcharge the agents and pick up the profit.
My recent post Who Pays the Desert Mountain Club Transfer Fee

One of the main reasons I have never like Realtor, Brokers... Although been following your blog here, and you are top notch wish you were in our neck of the woods!
My recent post City of Bossier High School Ratings

Refreshing thoughts. I&#039;ve switched companies once and they, of course, took my listings. My sellers were caught in a pickle because they wanted to continue to work with me, but were in a contract with the brokerage company. In the end they relisted with me at a different company since their house(s) didn&#039;t sell anyways and they didn&#039;t get the proper attention. I think more brokers should be as open as you regarding this issue.
My recent post Kilbourne Towers

Looking at each agent as a revenue producer (for the firm) is a good business fundamental. But pissing off a hot-head real estate agent who is going to Tweet about this all week could be a PR nightmare, no?

The practice of keeping the listings is old-school, and every real estate firm should develop a new policy to resolve this situation when it occurs. Maintaining long-term business relationships are more valuable than creating ill-will.
My recent post Real Estate Apps meet the Mobile Web

Jay,

Love the insight here I couldn&#039;t agree with you more. That&#039;s one of the philosophy&#039;s of most of the big box brokers employ which also happen to operate like Big Dairy Farms. They get as many cows in the stalls as they can and if some produce milk great.

A Market share shift will be in place with strong independent companies sprouting up across the nation.

My recent post Northbrook Golf and Country Club - Things to do in Green Bay

Well stated, brotha!

There&#039;s so much slime out there. Isn&#039;t it nice knowing you are not a part of it!
My recent post Neighborhood Choices

I think the old fashioned brokerages do these things without thinking. They do it because &quot;that&#039;s the way it&#039;s always been done.&quot; They take large portions of the money that the agents earn in exchange for websites that don&#039;t produce leads and brands that don&#039;t provide any real value. Then when you try to leave they want to keep what they have no right to claim since they rarely produce the business.

I&#039;ve heard of many agents having this same problem. Makes me glad I don&#039;t have to deal with such headaches.
My recent post Dyches Boddiford Will Be Talking About How to Fund Your Deals with Owner Financing &amp;amp Money Partners at Our November 1st Atlanta REIA Meeting FREE

I&#039;d say that it&#039;s a combination of greed and spite. Greed for the unearned listing and to spite agent&#039;s for leaving. Oh well, the industry as a whole is changing, hopefully this part of brokering will also evolve.

In atlanta but if i were you i&#039;d run not walk to Keller williams ... in atlanta we get paid at closing and our new technology being show cased in Feb and released in mid summer is going to Rock Real Estate world...

Hi &quot;agentdebby&quot; - just curious, are you suggesting to me that I run not walk to KW, or just anyone reading in general? I own my own brokerage, so I won&#039;t be walking or running anywhere.

I&#039;ll be interested in seeing the technology that will rock the real estate world!

Well reading your blog sure makes me happy I&#039;ve got a great office and brokerage. None of the issues/annoyances you listed apply at our Keller Williams office. I&#039;ve thought about what it would be like to go to a different broker now and then where I&#039;d be able to keep more of my commission for the volume I do right now and each and every time when I weigh the pros and cons, it solidifies my commitment to staying where I am because of how good we have it.
My recent post Buying Foreclosures- There Is More To Consider

I can&#039;t totally agree with you because the Broker does have some obligations for every listing. There are also expenses involved with the Broker using his/her resources to actively market the property. For me, I&#039;d never consider keeping a listing hostage unless I was actively involved in acquiring a listing or dropped a bunch of money into advertising. Many of the companies in our area have &quot;teams&quot; which involves everyone having some input and time into the listing. But I mostly agree that 95% of the time the listing should go with the licensee. It all boils down to the relationship between the broker and the licensee in the end. Also, I would think that commercial real estate listings would be completely different and 95% of the time should stay with the Broker. Another interesting and stellar post Mr. Thompson
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Unfortunately, too many brokers see it as a way to leverage unhappy agents into staying. Personally, I wouldn&#039;t want to work with somebody who doesn&#039;t want to be there, nor do I pretend to be better able to serve clients whom I have never met. Let agents leave in their own terms and with whatever business they have earned.

Pam -

You said, &quot;How else are we supposed to get that paperwork? Some agents are such prima donnas that they think the paperwork is beneath them. To them I say, get an assistant, or be willing to pay the optional transaction fee that puts the responsibility for the paperwork on a staff member!&quot;

You know what I&#039;d say to them?

&quot;You&#039;re fired.&quot;

Too many brokers play the &quot;They are independent contractors&quot; card. You don&#039;t HAVE to keep anyone in your brokerage that you don&#039;t want to, and it doesn&#039;t matter if the IRS classifies them as an IC or not.

Better than firing them, how about not even hiring the prima donnas in the first place? A common mantra in this industry is for &quot;agents to interview brokers&quot; so they can decide what brokerage they want to hang their license at. Brokers should be interviewing agents, and make hiring decisions like they are running a business. I&#039;ve turned down a couple of those prima donnas -- they aren&#039;t that hard to spot. One even told me, &quot;You have to hire me, I&#039;m a top producer!&quot; Uh no, I don&#039;t have to hire you. It&#039;s my brokerage and you&#039;re not qualified to work here. Period.

Oh boy, this happened to me for the first time this spring when I left a brokerage because THEY were losing paperwork so *I* wasn&#039;t getting paid. I have left two other brokerages and NEVER EVER had a problem getting my listings transferred.

I had about 7-ish short sale listings and they were not updating the MLS so I had to scream, yell and go on to get something changed - something I am not very &quot;in to!&quot;

Finally after two months of HELL I decided to transfer the listings to someone in that brokerage so my short sale sellers will get properly serviced. OH NOOOOOO we couldn&#039;t do that!

Seriously, these people need to get a life and quit worrying about people leaving and harrassment. Maybe they won&#039;t lose paperwork so much if they concentrated on their J-O-B!

Much happier at the new brokerage and get paid in a timely manner - and no one loses paperwork (hooray!) My next stop is to open my own shop which will happen some time in 2011.

&quot;My next stop is to open my own shop which will happen some time in 2011.&quot;

Good luck Renee! I suspect within just a couple of months after opening you&#039;ll be asking yourself, &quot;Why did I wait so long to do this?&quot; (possibly followed by, &quot;What the hell was I thinking?&quot;)

Yea I keep telling myself now, &quot;What the hell am I thinking&quot;. I have a good person behind me pressuring me to do this NOW. I just want to make sure it is done RIGHT! Thanks for the words of encouragement!

Hi Renee, Glad to hear you&#039;re going to start your own brokerage. I&#039;m opening mine up in the next few weeks, by January 1 for sure. I feel like working at a traditional brokerage is just holding me back when I could take that 25% or so and reinvest it in my own business. It&#039;s not like my new office is going to miss me, I haven&#039;t been there that long, but they will miss the internet leads that call the main office phone when I&#039;m too busy to pick up my cell phone.

I was allowed to change brokerages, but Re/Max broker wouldn't let my listings go.I had to make arrangements w/new broker that my split from the sales listed and in escrow with old broker were completely mine. I was out anything except for dignity. What a cluster...that was.

Jay, Great post and I am with you! We recently started our own firm and we think it would be ridiculous to keep a listing of our agents.

What is crazy is some firms in our area have asked their agents to sign non-competes. Just insane if you ask me. But, I know of people who have signed and did not get anything special in return. Not like the contract came with a Bently. It was proposed to us at our last firm. I would never and it really left me feeling so disappointed.

A few short months later we launched our brokerage Dwell360.

I think it is just another wave in the &quot;Broker 2.0&quot; model. I actually push all of our agents to get their own domain name so if they one day leave, they can have an email address that goes with them. I think the Agent@MegaRealEstateCompany.com email addresses is another way they try and hold on to their agents.

This business is about the agents not the brokerage they work for. I think the &quot;Broker 2.0&quot; model changes the way that brokerages view agents. The business is no longer lets get 10,000 agents on board with us so we can turn a profit. I like the model of lets get 25 great agents on board that we can actually help grow their business.

Glad to hear you are still doing great over at Thompson&#039;s! Keep growing.

I have had it both ways. Left a broker because we moved he let me keep. Left that brokerage to come back to the one I left originally and Broker &quot;said&quot; I could keep, but wouldn&#039;t release.

We have had several issues arise from this in our area lately. I don&#039;t have a problem if the broker wants to release the listings, but since our agreement is a bilateral contract make sure both parties are in agreement so it doesn&#039;t come back to bite you.

I guess it all depends on your business model Jay. Many of the brand name brokerages up here in Washington seem to run on this belief &quot;the more agents I can keep, the more money I will make&quot;. Stacking your brokerage with 100 or 200 agents who average 3 deals a year isn&#039;t my idea of running a responsible brokerage.

The possibility of having to leave your listings with your old managing broker strikes me as more of a misguided agent retention tool than anything. The problem with that way of thinking is that every broker that actually leaves your brokerages will most likely leave with a little &quot;bad blood&quot;.

Uh hello, the mantra is supposed to be &quot;compensation through cooperation&quot; right?

When I started NW Home Brokers, I thought: Why not attract the best and brightest brokers by offering reasonable splits and caps, paying them through escrow, allowing them to run their business as they see fit and generally getting out of their way? As a broker/owner I see the value of an experienced broker who knows their trade and excels at it.

&quot;Stacking your brokerage with 100 or 200 agents who average 3 deals a year isn&#039;t my idea of running a responsible brokerage.&quot;

Agreed Brett. The &quot;top brokerage office&quot; here in terms of transaction sides and sales volume has 987 agents. NINE HUNDRED AND EIGHTY SEVEN. They are averaging 2.27 transaction sides per agent year to date.....

Great post, we have always felt the same and done the same over the years. We have had a couple agents leave over the years, Jay it will eventually happen :), and we have never held their listings hostage. I think that is one of the advantages of being a smaller boutique real estate firm. I believe that smaller firms are driven by their agents. People do business with the agent because of the relationship they have and if they choose to leave and go somewhere else they are welcome to take their listings. I have had other agents in the past want to leave to come work with our office but they had to wait until after closing because they didn&#039;t want to lose the listing and that is just silly.
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So true. This is how I handle agents who leave as well. As far as pending deals, as long as the agent still works the file they&#039;ll get paid their normal split. I&#039;ve had a few times where the agent couldn&#039;t be bothered with working the file any longer so we worked it and took out a referral fee. They get to choose when they leave. They all also leave with leads we&#039;ve given them. Either they keep and owe us a referral fee when they close or they give them back. Anything they&#039;ve procurred on their own - listings, buyers are theirs (unless pending when left)
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I wish that more brokers thought like you Jay. Amen.

Well thanks Susie! It&#039;s really not that hard to just do the right thing. The Golden Rule works....

It&#039;s human nature to remember when people wrong you... If/when an agent leaves our brokerage, I want them to walk away saying, &quot;They did the right thing for me, and my clients&quot;. What goes around comes around....

Hi Jay ~ Nicely said - Annoying brokerage practice #492. There are A LOT of practices going on in brokerages that make no sense whatsoever, this is just one on a pretty long list. (And one of my pet peeves too).
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As a broker I agree. If you leave take your listings and you do get the correct commission split. E&amp;O cost you what it cost me no mark up. I don't understand all the negative nickle and diming the other brokers in the area do.

We have a rather low attrition rate also. We did have a guy leave, and when he came in with a box of files, his jaw hit the floor when I told him the listings were his.

Frankly, I don&#039;t want them. I don&#039;t know the clients, and I couldn&#039;t serve them the way the guy who they listed with could. From a purely pragmatic view, the learning curve of serving the people wouldn&#039;t even be worth the fees. It is the broker&#039;s discretion to dispense with the listings, but all to often brokers get money myopia instead of doing what is in the best interests of the client.
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&quot;money myopia&quot;. I&#039;m going to remember that one Philip!

Use it with impunity. =)
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I&#039;ve actually heard a broker say to an agent &quot;You can take the listings with you but you can never come back. If you leave them here, and decide to come back later, we&#039;ll talk.&quot; What is that? I understand that the broker &quot;owns&quot; the listings, but common sense says that the agent procured them. IF given the choice, I&#039;m sure only a very small number of listing clients would stay with the broker if the listing agent left the company. Unless they were unhappy with him/her, then they might see this as a way to &quot;go in a different direction.&quot;

Oh good grief. If I have an agent leave, and they are a good agent, I&#039;ll take them back. Period. Why wouldn&#039;t I? Talk about holding something over their head! Of course if a broker told me that, I&#039;d have on SOLID reason for never working for them again...

Talk about hitting the nail on the head! I&#039;ve known recipients of this behavior....I&#039;ve never quite understood how it served the &quot;best interests&quot; of the client. Good post Jay!

It **can&#039;t** serve the best interests of the client. That&#039;s just a lame excuse because someone is afraid to say &quot;I&#039;m greedy and don&#039;t like you leaving&quot;.

It all comes own to mutual respect between a broker/brokerage and his/her agents. I learned the hard way that some brokers will do ANYTHING to squeeze every last dime out of the commission checks they receive right before you depart.

Jay:

Good for Thompson Realty!

Am not familiar with it locally or recently, but have heard of broker&#039;s retaining agent&#039;s listings upon their departure. It was once a more common practice.

As for holding back commission checks, we have agents paid directly through escrow. They are paid at the same time as we--and E&amp;O is at our pro-rata cost.

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We pay direct from title too wherever possible Roberta. The agents get paid faster and it&#039;s easier / cheaper for us as we don&#039;t have to process a check. It&#039;s a win-win, yet there are still brokerages that refuse to do it. I don&#039;t understand that decision.

I&#039;m happy to hear this Jay. If I ever move to the PHX area, I&#039;ll be sure to try a get an interview with you! I&#039;ve only changed brokers once, but when I did, my office manager tried to keep my listings and then sent me a bill for 7 dollars! The sellers ended up moving with me in the end.

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